Common use of Removal of Property Clause in Contracts

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any property required to be removed by Tenant at the termination of this Lease or when Landlord has the right of re-entry, Landlord may remove and store such property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, or permit to be sold, any or all such property at public or private sale, in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to Tenant.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

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Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant shall may remove all of its personal property property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) no Event of Default exists at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or wiring for Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified shall remain upon and be surrendered with the Premises; provided, however, at Landlord’s sole election, upon written notice by Landlord to Tenant at the time Tenant submits the plans and specifications for the Tenant Alterations to Landlord for its approval, Tenant shall be obligated, at its sole cost and expense, to remove at the end of the Lease Term or earlier termination of this Lease all (or such portion as Landlord shall designate) of the Removal Alterations (hereinafter defined) (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to the installation of such Removal Alterations, reasonable wear and tear excepted. As used herein, the term “Removal Alterations” means any Tenant Alterations (including all Telecommunications Facilities and/or cabling in the Improvement Agreement as being removable fixtures Premises or improvementsrunning between the Premises and any other portion of the Building) (i) which Landlord, in response to a Removal Inquiry (iihereinafter defined) all Exterior Signsby Tenant, (iii) all improvements, fixtures and equipment that comprise the indicated to Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed must be removed by Tenant at the termination end of the Term; or (ii) with respect to which Tenant did not deliver a Removal Inquiry to Landlord at the time Tenant sough Landlord’s approval of such Tenant Alteration (in accordance with the provisions of this Lease either paragraph 4.7). As used herein, the term “Removal Inquiry” means an inquiry by expiration Tenant, made to Landlord contemporaneously with Tenant’s request for approval of any Tenant Alternation, as to whether or not such Alteration must be removed by Tenant at the end of the term Lease Term. Tenant waives all rights to any payment or other cause, and shall pay Landlord compensation for any damages or injury to the Leased Premises or the Building resulting from such removalTenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entryLease, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all reasonable, actual and documented costs incurred by Landlord within fifteen (15) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 2 contracts

Samples: Work Agreement (Opower, Inc.), Work Agreement (Opower, Inc.)

Removal of Property. At Unless otherwise agreed to in writing by Landlord's request, Tenant agrees that there are and shall be no trade fixtures in the Premises owned by Tenant. Upon expiration or earlier termination of this Lease, Tenant may remove all of its personal property property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease (beyond the expiration of any applicable notice and cure periods) at the time of such removal; and (id) Tenant promptly repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement as being removable fixtures or improvementsPremises; provided, (ii) all Exterior Signshowever, (iii) all improvementsat Landlord’s sole election, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed upon written notice by Landlord to Tenant at the termination time of this Lease either by expiration approval of the term plans and specifications for the Tenant Alterations, Tenant shall be obligated, at its sole cost and expense, to remove all (or other causesuch portion as Landlord shall have designated at the time of giving consent to such Tenant Alterations) of the Tenant Alterations (including Telecommunication Facilities), and shall pay Landlord for repair any damages or injury to the Leased Premises or the Building resulting from such removalremoval and return the Premises to substantially the same condition as existed prior to such Tenant Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within five (5) Business Days after written demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such salesafe: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 2 contracts

Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures Upon expiration or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either by expiration of the term or other causeLease, Tenant may remove its trade fixtures, office supplies and shall pay Landlord for any damages or injury office furniture and equipment if (a) such items are readily moveable and are not attached to the Leased Premises Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the Building time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. If All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building, shall fail become the property of Landlord and shall remain upon and be surrendered with the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to remove Tenant Improvement Costs". Tenant waives all rights to any property required to be removed by Tenant payment or compensation for such property. If, at the expiration or earlier termination of this Lease or when at such time as Landlord has the exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 2 contracts

Samples: Lease (Healthgate Data Corp), Lease (Integrated Information Systems Inc)

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant shall may remove all of its personal property property, trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not permanently attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) no Event of Default exists at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement Premises; provided, however, at Landlord’s sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall designate) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant’s submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord’s approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either Lease, Landlord shall identify such Tenant Alterations (if any) by expiration a written notice (a “Removal Notice”) to Tenant given at the time of Landlord’s approval of such plans and specifications if, but only if, Tenant’s request for approval of such plans and specifications is submitted with a notice at the top of the term or other causepage having a heading in at least 12-point type, bold and all capital letters stating “LANDLORD’S APPROVAL MUST IDENTIFY ANY TENANT ALTERATIONS WHICH LANDLORD MAY REQUIRE TENANT TO REMOVE UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE”, and Tenant shall pay Landlord for have no obligation to remove any damages or injury Tenant Alterations which have not been so identified by Landlord. In all events, unless otherwise agreed in writing by Landlord, Tenant shall be required to the Leased Premises or remove all wiring and cabling installed in the Building resulting from by or at the request of the Tenant. Tenant waives all rights to any payment or compensation for such removalTenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all reasonable costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 2 contracts

Samples: Lease (Endurance International Group Holdings, Inc.), Lease (Endurance International Group Holdings, Inc.)

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant shall may remove all of its personal property property, trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises, or if they are attached to the Premises, Tenant complies with subsection (d) of this Paragraph 4.7; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) no Event of Default exists at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other articles affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall designate) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant's submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord's approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either Lease, Landlord shall identify such Tenant Alterations (if any) by expiration notice to Tenant given at the time of the term Landlord's approval of such Tenant Alterations. Tenant waives all rights to any payment or other cause, and shall pay Landlord compensation for any damages or injury to the Leased Premises or the Building resulting from such removalTenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant's expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all actual out-of -pocket costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Gross Lease (Lightbridge Inc)

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures Upon expiration or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either by expiration of the term or other causeLease, Tenant may remove its trade fixtures, office supplies and shall pay Landlord for any damages or injury moveable office furniture and equipment not attached to the Leased Premises Premises; PROVIDED THAT, (a) such removal is completed prior to the expiration or the Building earlier termination of this Lease; (b) such removal is not in violation of Landlord's statutory lien rights; and (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls or ceiling of the Premises, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless removal of any such item was a condition of Landlord's consent to any proposed Tenant Alteration. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature from the Premises, Buildings or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sellafter it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease (Integrated Measurement Systems Inc /Or/)

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property Subject to compliance with Applicable Law and (i) all improvements that are part Section 7.1 of the Premises Improvements Participation Agreement and are identified so long as no Lease Default or Lease Event of Default shall have occurred and be continuing, the Lessee may remove, sell, transfer or dispose of any Severable Modification to which the Lessee shall have title as provided in Section 8(d)(iii) hereof, provided that, as soon as practicable after the Improvement Agreement as being removable fixtures removal of such Severable Modification, the Lessee, at its expense, shall repair any damage to the Facility caused by such removal and shall restore any diminishment in value, utility, durability, performance characteristics or improvementsuseful life (other than the loss of additional value, (iiutility, durability or useful life directly attributable to the Severable Modification) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from Facility caused by such removal. If Tenant shall fail The Lessee, at its expense, will promptly replace all Parts which may from time to remove time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any property required to be removed by Tenant at the termination of this Lease or when Landlord has the right of re-entry, Landlord may remove and store such property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenantreason whatsoever. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord The Lessee may, at its optionexpense, sellremove in the ordinary course of maintenance, service, repair, overhaul or permit to be soldtesting, any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use, so long as the Lessee, at its expense, promptly replaces such Parts. In addition, subject to compliance with Applicable Law and so long as no Lease Default or Lease Event of Default shall have occurred and be continuing, the Lessee may remove any tangible property that is unnecessary and can be removed without diminishing the value or utility or useful life of the Facility; provided, however, that the consent of the Administrative Agent and the Owner Participant shall be required for the removal of any such tangible property if the aggregate fair market sales value of all such tangible property previously removed pursuant to this sentence shall exceed $100,000. If any Part is removed from the Facility for the purpose of replacement thereof with another Part, title to such removed Part shall remain the property of the Lessor, no matter where such removed Part is located, until such time as the Part constituting a replacement thereof shall have been incorporated into the Project, at public which time, without further act, title to such removed Part shall vest in the Lessee or private sale, in such manner Person as shall be designated by the Lessee, free of the Lien and at security interest of the Indenture and the Collateral Security Documents. Each such times replacement Part shall be free and places as Landlord in its sole discretion may deem properclear of all Liens, without notice to Tenant, unless notice is required under applicable statutesother than Permitted Liens, and shall apply the proceeds of such sale: firstbe in as good operating condition as, to the cost and expense of such saleshall have a value, including reasonable attorneys' fees actually incurred; secondutility and useful life at least equal to, to the payment that of the costs or charges Part removed, it being assumed for storing any purposes of this sentence that such property; third, to removed Part was in at least the payment condition and state of any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms repair required by Section 8(a) hereof; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease (Panda Interfunding Corp)

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant may remove its trade fixtures, personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building) shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment wiring installed by Tenant in the Premises and, at Landlord’s sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities) of which Landlord informed Tenant at the termination time of this Lease either by expiration of Landlord’s consent to the term Tenant Alteration or other causewhich Tenant installed in the Premises without Landlord’s consent, and shall pay Landlord for repair any damages or injury to the Leased Premises or the Building resulting from such removalremoval and return the Premises to the same condition as existed prior to such Tenant Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.. (See Paragraph 8 of the Rider)

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures Upon expiration or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either by expiration of the term or other causeLease, Tenant may remove its trade fixtures, office supplies and shall pay Landlord for any damages or injury moveable office furniture and equipment not attached to the Leased Premises Premises; provided that, (a) such removal is completed prior to the expiration or earlier termination of this Lease; (b) Tenant is not in default of any covenant or condition of this Lease at the Building time of such removal; and (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article permanently affixed to the floor, walls or ceiling of the Premises, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless removal of any such item was a condition of Landlord's consent to any proposed Tenant Alteration. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sellafter it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Lease (Rosetta Inpharmatics Inc)

Removal of Property. At Unless otherwise agreed to in writing by Landlord's request, Tenant agrees that there are and shall be no trade fixtures in the Premises owned by Tenant. Upon expiration or earlier termination of this Lease, Tenant may remove all of its personal property property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall designate) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator Alterations (including Telecommunication Facilities, but excluding the Tenant Improvements (the removal of which is governed by Paragraph 2.5.2 hereof)), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant's submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord's approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either Lease, Landlord shall identify such Tenant Alterations (if any) by expiration notice to Tenant given at the time of the term Landlord's approval of such Tenant Alterations. Tenant waives all rights to any payment or other cause, and shall pay Landlord compensation for any damages or injury to the Leased Premises or the Building resulting from such removalTenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant's expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within ten (10) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Gross Lease (Clicksoftware Technologies LTD)

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not permanently attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) no Event of Default exists; and (d) Tenant immediately repairs all damage caused by or resulting from such removal; and Tenant shall immediately remove all of its personal such property if requested to do so by Landlord pursuant to Paragraph 4.5. All other property in the Premises and any Tenant Alterations (iincluding, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) all improvements that are or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building, shall become the property of Landlord and are identified shall remain upon and be surrendered with the Premises, except as may be otherwise provided in the Improvement Agreement as being removable fixtures Paragraph captioned “Tenant Alterations”. Tenant waives all rights to any payment or improvementscompensation for such property. If, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any property required to be removed by Tenant at the earlier termination of this Lease or when at such time as Landlord has the exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage thereto, to such property and the reasonable costs of such storage to shall be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property after it has been stored for a period of within thirty (30) days or moreof receiving notice of such cost, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

Removal of Property. At Landlord's requestOn or before the expiration or earlier termination of this Lease, Tenant shall remove its trade fixtures, personal property, office supplies and office furniture and equipment from the Premises, and Tenant shall repair all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or any other article affixed to the floor, walls, ceiling or any other part of its personal the Premises or Building) shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord’s sole election, Tenant shall, at Tenant’s sole cost and expense, remove (i) all improvements that are part of the Premises Improvements and are identified low-voltage wiring installed in the Improvement Agreement as being removable fixtures or improvementsPremises, and (ii) all Exterior Signs, (iiior such portion as Landlord shall designate) all improvements, fixtures and equipment that comprise of the Tenant Generator Improvements and/or Tenant Alterations which constitute “specialty items” (such as raised flooring, supplemental HVAC equipment and systems, decorative water features and the like) of which Landlord informed Tenant in writing at the time of Landlord’s review of Tenant’s plans and drawings and Landlord’s consent to the Tenant Improvements and/or Tenant Alterations, as the case may be, or which Tenant HVAC Systeminstalled in the Premises without Landlord’s consent, and (iv) all voice and data cabling and other telecommunications equipment installed by in each case, Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for repair any damages or injury to the Leased Premises or the Building resulting from such removalremoval and return the Premises to the same condition as existed prior to such installation or work, reasonable wear and tear excepted. Tenant waives all rights to any payment or compensation for such Tenant Improvements and/or Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property from the Premises, Building or Land which Tenant is required to be removed by Tenant remove at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all documented out-of-pocket costs incurred by Landlord within thirty (30) days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease (Mattersight Corp)

Removal of Property. At Landlord's request‌ Unless otherwise agreed to in writing by Xxxxxx, Tenant Xxxxxx agrees that there are and shall be no trade fixtures on the Premises owned by Xxxxxx except as may be described in Section 9 above. Upon expiration or earlier termination of this Lease, Lessee shall remove all of its personal property and (i) equipment immediately and repair all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures damage caused by or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. All other property on the Premises and any Lessee’s Existing Improvements (including the surface of the asphalt paving and the non-County constructed retaining walls) and Xxxxxx’s New Improvements (including the surface of the parking spaces and the non-County constructed retaining walls) shall become the property of Lessor and shall remain upon and be surrendered with the Premises; provided, however, at Lessor’s sole election, Lessee shall be obligated, at its sole cost and expense, to remove all (or such portion as Lessor shall designate) of the Lessee’s Existing and New Improvements, excepting the non-County constructed retaining walls and asphalt paving, and repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Xxxxxx’s Existing and New Improvements. Lessee waives all rights to any payment or compensation for such Xxxxxx’s Existing and New Improvements. If Tenant Lessee shall fail to remove any of its property required to be removed by Tenant from the Premises at the expiration or earlier termination of this Lease or when Landlord Lessor has the right of re-entry, Landlord may Lessor may, at its option, remove and store such property at Lessee’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of TenantLessee. Lessee shall pay all costs incurred by Lessor within five (5) Business Days after demand for such payment. If Tenant shall not Lessee fails to pay the cost of storing any such property property, Lessor may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Lessor may become a purchaser at such sale), in such manner and at such times and places as Landlord Lessor in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutesLessee, and Lessor shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord Lessor from Tenant Lessee under any of the terms hereofthis Lease; and, fourth, the balance, if any, to TenantLessee.

Appears in 1 contract

Samples: Lease Agreement

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant shall may remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvementsproperty, (ii) all Exterior Signstrade fixtures, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling cabling, office supplies and other telecommunications office furniture and equipment installed by Tenant at if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease either at the time of such removal; and (d) Tenant immediately repairs all damage caused by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building, shall fail become the property of Landlord and shall remain upon and be surrendered with the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Payment of Tenant Improvement Costs". Tenant waives all rights to remove any property required to be removed by Tenant payment or compensation for such property. If, at the expiration or earlier termination of this Lease or when at such time as Landlord has the exercises its right of re-entryreentry, Tenant has failed to remove any property from the Premises, Project, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease (Netlibrary Inc)

Removal of Property. At Unless otherwise agreed to in writing by Landlord's request, Tenant agrees that there are and shall remove all of its personal property and (i) all improvements that are part of be no trade fixtures in the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures owned by Tenant. Upon expiration or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either by expiration of the term or other causeLease, Tenant may remove its personal property, office supplies, office furniture and shall pay Landlord for any damages or injury equipment and racks and conveyors if (a) such items are readily moveable and are not attached to the Leased Premises Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the Building time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises, shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate, subject to Section 4.4 above) of the Tenant Alterations and all (or such portion as Landlord shall designate, subject to Section 2.4 above) of the Tenant Improvements constructed in the Premises and repair any damage resulting from such removal. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature from the Premises or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in In such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: firstFIRST, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; secondSECOND, to the payment of the costs or charges for storing any such property; thirdTHIRD, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourthFOURTH, the balance, if any, to Tenant.to

Appears in 1 contract

Samples: Letter and Construction Agreement (Oakley Inc)

Removal of Property. At Landlord's requestUpon the expiration or sooner termination of this Lease, Tenant shall may remove all its trade fixtures, office supplies and movable office furniture and equipment not attached to the Building provided (a) such removal is made prior to the termination or expiration of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvementsthis Lease, (iib) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise Tenant is not in default under any provision of this Lease at the Tenant Generator or Tenant HVAC Systemtime of such removal, and (ivc) Tenant immediately repairs all voice and data cabling and other telecommunications equipment installed damage caused by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. All other property in the Premises and any alterations or additions thereto (including, without limitation, wall-to-wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixed to the floor, wall or ceiling of the Premises shall become the property of Landlord and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefor. If, however, Landlord so requests in writing, Tenant shall, upon termination of this Lease, remove such alterations, additions, fixtures, equipment and property placed or installed by Tenant in the Premises subsequent to the completion of the tenant improvements to be made pursuant to Exhibit D below and to which Landlord withheld its consent under the terms of paragraph 12 above, and shall immediately repair any damage caused by or resulting from such removal to the condition of the Premises prevailing upon commencement of this Lease, reasonable wear and tear excepted. If Tenant shall fail fails to remove any of its property required to be removed by Tenant of any nature whatsoever from the Premises or the Building at the termination of this Lease or when Landlord has the right of re-entryreentry, Landlord may may, at its option, remove and store such said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall does not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, sell or permit to be sold, sold any or all of such property at public or private sale at a price as is deemed to be reasonable for such property (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, proper without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of or any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, and fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Infowave Software Inc)

Removal of Property. At Landlord's requestIn the event of any damage to the Premises or the condemnation of all or a portion thereof, Tenant shall as soon as practicable (but no later than seven (7) Business Days after receiving a notice from Landlord) remove any and all of its personal property and Tenant’s Removable Property (ias defined herein) all improvements that are part of from the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If portion thereof destroyed or taken, as the case may be, and if Tenant shall fail to does not promptly so remove any property required to be removed by Tenant Tenant’s Removable Property, Landlord, at Tenant’s expense, may discard the termination of this Lease same or when Landlord has the right of re-entry, Landlord may remove and store such property without liability Tenant’s Removable Property to a public warehouse for loss thereof deposit or damage thereto, such storage to be for retain the account same in its own possession and at its discretion may sell the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, same at its option, sell, or permit to be sold, any or all such property at either public auction or private sale, in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, which shall be applied first to the cost expenses of removal, storage and expense sale, second to any sums owed by Tenant to Landlord, with any balance remaining to the paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, including reasonable attorneys' fees actually incurred; secondTenant shall pay such excess to Landlord upon demand. As used herein “Removable Property” shall mean all articles of personal property and all business and trade fixtures, furniture, moveable partitions, freestanding cabinet work, machinery and equipment owned or installed by Tenant or any party claiming by, through or under Tenant. Tenant shall be solely responsible for arranging for any visits to the payment of the costs or charges for storing any such property; third, Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the payment removal of Tenant’s Removable Property by Tenant or Landlord, as provided in this paragraph or the performance by Landlord of any other sums restoration work and Landlord shall be under no obligation to delay the performance of money which may then be same, nor shall Landlord have any liability to Tenant in the event that Tenant fails to do so. Tenant shall promptly permit Landlord access to the Premises for the purpose of performing any evaluation or thereafter become due to Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to Tenantrestoration work.

Appears in 1 contract

Samples: Lease Agreement (Castle Biosciences Inc)

Removal of Property. At Landlord's requestUpon the expiration or sooner termination of this Lease, Tenant shall may remove all its trade fixtures, office supplies and movable office furniture and equipment not attached to the Building provided (a) such removal is made prior to the termination or expiration of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvementsthis Lease, (iib) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise Tenant is not in default under any provision of this Lease at the Tenant Generator or Tenant HVAC Systemtime of such removal, and (ivc) Tenant immediately repairs all voice and data cabling and other telecommunications equipment installed damage caused by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. All other property in the Premises and any alterations or additions thereto (including, without limitation, wall-to- wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixed to the floor, wall or ceiling of the Premises shall become the property of Landlord and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefor. If, however, Landlord so requests in writing, Tenant shall, upon termination of this Lease, remove such alterations, additions, fixtures, equipment and property placed or installed by Tenant in the Premises subsequent to the completion of the tenant improvements to be made pursuant to Exhibit D below and to which Landlord withheld its consent under the terms of paragraph 12 above, and shall immediately repair any damage caused by or resulting from such removal to the condition of the Premises prevailing upon commencement of this Lease, reasonable wear and tear excepted. If Tenant shall fail fails to remove any of its property required to be removed by Tenant of any nature whatsoever from the Premises or the Building at the termination of this Lease or when Landlord has the right of re-entryreentry, Landlord may may, at its option, remove and store such said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall does not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, sell or permit to be sold, sold any or all of such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, proper without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of or any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, and fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Interactive Objects Inc)

Removal of Property. At Landlord's requestany time during the Lease Term, Tenant shall may remove all of its personal property property, trade fixtures (such as computer systems, telephone and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvementscommunication systems, (ii) all Exterior Signsstorage systems, (iii) all improvementssecurity systems, fixtures and equipment that comprise the Tenant Generator or Tenant racking systems, specialized HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other causeits sole expense and servicing only its computer room, and shall pay Landlord cubicles), office supplies, movable partitions, hardware for any damages phone and security systems, card scanners, and office furniture and equipment if (a) such items are moveable or injury can be removed without material damage to the Leased Premises Premises; and (b) Tenant immediately repairs all damage caused by or the Building resulting from such removal. Subject to Sections 2.3 and 4.4 above, all other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building) shall become the property of Landlord and shall remain upon and be surrendered with the Premises. If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entryLease, Landlord may may, at its option, (i) treat such property as abandoned by Tenant or (ii) remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord therefor within five (5) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

Removal of Property. At Upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, without expense to Landlord's request, remove or cause to be removed from the Premises the following items, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the installation or removal of any of the following items: (a) all debris and rubbish, (b) such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed by Tenant at its expense in the Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and (c) any Alterations that Landlord elects to be removed pursuant to Section 8.5 above. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall remove all be liable to Landlord for the costs of: (1) removal of its any such Alterations or personal property described in clause (b) above, (2) storage, transportation, and (i) all improvements that are part disposition of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC Systemsame, and (iv3) all voice repair and data cabling and other telecommunications equipment installed by Tenant restoration of the Premises, together with interest thereon at the termination Interest Rate from the date of this Lease either expenditure by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any property required to be removed by Tenant at the termination of this Lease or when Landlord has the right of re-entry, Landlord may remove and store such property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, or permit to be sold, any or all such property at public or private sale, in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to TenantLandlord.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not permanently attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal; and Tenant shall immediately remove all of its personal such property if requested to do so by Landlord (unless Landlord has agreed pursuant to Section 4.5 that such property need not be removed). All other property in the Premises and any Tenant Alterations (iincluding, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) all improvements that are or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building, shall become the property of Landlord and are identified shall remain upon and be surrendered with the Premises, except as may be otherwise provided in the paragraph captioned “Tenant Alterations” or the paragraph captioned “Tenant’s Contribution to Tenant Improvement Agreement as being removable fixtures Costs”. Tenant waives all rights to any payment or improvementscompensation for such property. If, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any property required to be removed by Tenant at the earlier termination of this Lease or when at such time as Landlord has the exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or moreproperty, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, second to the payment of the costs or charges for storing any such property; third, third to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, fourth the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

Removal of Property. At Landlord's request‌ Unless otherwise agreed to in writing by Xxxxxx, Tenant Xxxxxx agrees that there are and shall be no trade fixtures on the Premises owned by Xxxxxx except as described in Section 9 above. Upon expiration or earlier termination of this Lease, Lessee shall remove all of its personal property and (i) equipment immediately and repair all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures damage caused by or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. All other property on the Premises and any Lessee Alterations (including the surface of the parking lot and the concrete portion of the flood wall) shall become the property of Lessor and shall remain upon and be surrendered with the Premises; provided, however, at Lessor’s sole election, Lessee shall be obligated, at its sole cost and expense, to remove all (or such portion as Lessor shall designate) of the Lessee Alterations, including the terrace improvements but excluding all concrete and slate as mentioned prior in this paragraph, and repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Lessee Alterations. Lessee waives all rights to any payment or compensation for such Lessee Alterations. If Tenant Lessee shall fail to remove any of its property required to be removed by Tenant from the Premises at the expiration or earlier termination of this Lease or when Landlord Lessor has the right of re-entry, Landlord may Lessor may, at its option, remove and store such property at Lessee’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of TenantXxxxxx. Lessee shall pay all costs incurred by Lessor within five (5) Business Days after demand for such payment. If Tenant shall not Lessee fails to pay the cost of storing any such property property, Lessor may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Lessor may become a purchaser at such sale), in such manner and at such times and places as Landlord Lessor in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutesLessee, and Lessor shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord Lessor from Tenant Lessee under any of the terms hereofthis Lease; and, fourth, the balance, if any, to TenantLessee.

Appears in 1 contract

Samples: Lease Agreement

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this ------------------- Lease, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal; and Tenant shall immediately remove all of its personal such property if requested to do so by Landlord. All other property in the Premises and any Tenant Alterations (iincluding, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) all improvements that are or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building, shall become the property of Landlord and are identified shall remain upon and be surrendered with the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the ------------------ paragraph captioned "Tenant's Contribution to Tenant Improvement Agreement as being removable fixtures Costs". Tenant ------------------------------------------------- waives all rights to any payment or improvementscompensation for such property. If, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any property required to be removed by Tenant at the earlier termination of this Lease or when at such time as Landlord has the exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or moreproperty, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, first to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, second to the ------ payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, fourth the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Lease (Onepoint Communications Corp /De)

Removal of Property. At Landlord's requestUpon the expiration or sooner termination of this Lease, Tenant shall may remove all its trade fixtures, office supplies and movable office furniture and equipment provided (a) such removal is made prior to the termination or expiration of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvementsthis Lease, (iib) all Exterior Signs, (iii) all improvements, fixtures Tenant is not in default under any provision of this Lease beyond any applicable notice and equipment that comprise cure periods at the Tenant Generator or Tenant HVAC Systemtime of such removal, and (ivc) Tenant immediately repairs all voice and data cabling and other telecommunications equipment installed damage caused by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant has, in connection with its lease of the Premises, elected to upgrade the generator that Landlord would otherwise have provided to operate the life safety systems of the Building, then upon the expiration or sooner termination of this Lease, Landlord may retain such generator by paying to Tenant the depreciated value of the generator based on a fifteen (15) year useful life and the actual cost of such generator, including sales tax, less the amount that would be the depreciated value of the generator based on a fifteen (15) year useful life and a purchase price of $64,000.00 plus sales tax. All other property in the Premises and any alterations or additions thereto (including, without limitation, wall-to- wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixed to the floor, wall or ceiling of the Premises shall fail become the property of Landlord and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefor. If, however, Landlord so requests in writing, Tenant shall, upon termination of this Lease, remove such alterations, additions, fixtures, equipment and property placed or installed by Tenant in the Premises subsequent to the completion of the tenant improvements to be made pursuant to Exhibit E and to which Landlord --------- withheld its consent under the terms of Section 13 above, and shall immediately repair any damage caused by or resulting from such removal to the condition of the Premises prevailing upon commencement of this Lease, reasonable wear and tear excepted. If Tenant fails to remove any of its property required to be removed by Tenant of any nature whatsoever from the Premises or the Building at the termination of this Lease or when Landlord has the right of re-entryreentry, Landlord may may, at its option, remove and store such said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall does not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, sell or permit to be sold, sold any or all of such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole reasonable discretion may deem proper, proper without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of or any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, and fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Stamps Com Inc)

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Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant shall may remove all of its personal property property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not fixtures attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) an Event of Default has not occurred and not been cured at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or any other fixture affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall designate) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator or Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Alterations if Landlord so notified Tenant at the termination of this Lease either by expiration of the term time it gave its consent to such Tenant Alterations. Tenant waives all rights to any payment or other cause, and shall pay Landlord compensation for any damages or injury to the Leased Premises or the Building resulting from such removalTenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant's expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within ten (10) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Office Lease (Gp Strategies Corp)

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, Tenant shall may remove all of its personal property property, office supplies, office furniture, trade fixtures and equipment if (1) such items are readily moveable; (2) such removal is completed prior to the expiration or earlier termination of this Lease; (3) no Event of Default exists and is continuing at the time of such removal; and (i4) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and wiring for Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified shall remain surrendered with the Premises, provided, at Landlord’s sole election (to be provided as set forth in the Improvement Agreement as being removable fixtures or improvementsparagraph 4.4 of this Lease and paragraph 5.12 of Exhibit B), (ii) all Exterior SignsTenant shall be obligated at its sole cost and expense, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant to remove at the expiration or earlier termination of the Lease Term all (or at Landlord’s election, such portion as Landlord shall designate in writing) such other property and to repair any damages resulting from such removal and restore the Premises to the same condition as existed prior to the installation of such property. Tenant waives all rights to any payment or compensation for such property. If Tenant fails to perform the foregoing on or prior to the expiration or earlier termination of this Lease either by expiration of Lease, Landlord may perform, or cause to have performed, the term or other causeremoval, repair and restoration described in this paragraph, and Tenant shall pay be liable to reimburse Landlord for any damages or injury to the Leased Premises or the Building resulting from such removaland all reasonable cost and expenses relating thereto. If Tenant shall fail to remove any of its personal property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all reasonable costs incurred by Landlord within ten (10) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty (30) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Deed of Lease (Amber Road, Inc.)

Removal of Property. At or before the Expiration Date of this Contract , or the date of any earlier termination hereof or within fifteen (15) days after such an earlier termination date, Tenant, at its expense, shall remove from the Premises all of Tenant's Property (except such items thereof as which Landlord shall have expressly permitted in writing to remain, which property shall become the Property of Landlord's request), and Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for repair any damages or injury damage to the Leased Premises or the Building Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property which shall remain in the Premises after the Expiration Date of this Contract , or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or disposed of by Landlord for its own account, without liability to Tenant, or parties claiming through Tenant in such manner as Landlord shall determine, at Tenant's expense. Tenant shall indemnify Landlord for claims resulting from such removal. Notwithstanding the foregoing, if Tenant is in default under the terms of this Contract , it shall only remove Tenant's Property from the Premises upon the express, written direction of Landlord. If directed by Landlord in writing, Tenant shall fail to also remove any property required to be removed by Tenant at its expense at or before the termination of this Lease or when Landlord has the right of re-entry, Landlord may remove and store such property without liability time specified for loss thereof or damage thereto, such storage to be for the account and at the expense removal of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, or permit to be sold's Property, any or all such property at public of the items of Landlord's Property installed or private sale, in such manner built on the premises as a part of the Alterations and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Tenant shall apply the proceeds of such sale: first, repair any damage to the cost Premises or the Property resulting from the installation or removal of said item. In removing Tenant's Property, Tenant shall not impede, impair or interfere with the operation of Landlord's transit service or the flow of passengers to and expense of such sale, including reasonable attorneys' fees actually incurred; second, to from the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to Tenanttrain lines.

Appears in 1 contract

Samples: Concession Agreement

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures Upon expiration or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either by expiration of the term or other causeLease, Tenant may remove its trade fixtures, office supplies and shall pay Landlord for any damages or injury moveable office furniture and equipment not attached to the Leased Premises Premises; provided that (a) such removal is completed prior to the expiration or earlier termination of this Lease; (b) Tenant is not in default of any covenant or condition of this Lease at the Building time of such removal; and (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls or ceiling of the Premises, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless removal of any such item was a condition of Landlord's consent to any proposed Tenant Alteration. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature from the Premises or Project at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sellafter it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, first to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, second to the payment of the costs or charges for storing any such property; third, third to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, fourth the balance, if any, to Tenant.

Appears in 1 contract

Samples: Sublease Agreement (MLC Holdings Inc)

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures Upon expiration or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either by expiration of the term or other causeLease, Tenant may remove its personal property, office supplies and shall pay Landlord for any damages or injury office furniture and equipment if (a) such items are readily moveable and are not attached to the Leased Premises Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in material default of any covenant or condition of this Lease at the Building time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises, shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations and all (or such portion as Landlord shall designate) of the Tenant Improvements constructed in the Premises, and repair any damage resulting from such removal. Except as Landlord and Tenant may otherwise expressly agree, Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature from the Premises or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: firstFIRST, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; secondSECOND, to the payment of the costs or charges for storing any such property; thirdTHIRD, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourthFOURTH, the balance, if any, to Tenant.. 4.8

Appears in 1 contract

Samples: Letter and Construction Agreement (Childrens Place Retail Stores Inc)

Removal of Property. At Landlord's requestTenant hereby irrevocably appoints Landlord as agent and attorney-in-fact of Tenant, Tenant shall remove all of its personal property and (i) all improvements that are part of to enter upon the Premises Improvements on the occurrence of an Event of Default and are identified in the Improvement Agreement as being removable fixtures or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any and all furniture and personal property required to whatsoever situated upon the Premises. Any and all property which may be removed from the Premises by Tenant at Landlord pursuant to the termination authority of this Lease or when of law, to which Tenant is or may be entitled, may be handled, removed or stored by Landlord has at the right risk, cost and expense of re-entryTenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upOn demand, all expenses incurred in such removal and all storage charges against such property so long as the same shall be in Landlord's possession or under Landlord's control. Landlord may remove and store place such property without liability for loss thereof or damage thereto, such in storage to be for the account of, and at the expense of Tenant. If , and if Tenant shall not fails to pay the cost of storing any such property after it has been stored for a period of thirty ninety (3090) days or more, Landlord may, at its option, sell, or permit to be sold, may sell any or all of such property at public or private sale, in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, or demand upon Tenant for the payment of any part of such charges or the removal of any of such property and shall apply the proceeds of such sale: firstthereof, first to the cost and expense of such sale, including reasonable attorneys' fees actually incurredfees; second, to the payment of the costs or and charges for of storing any such property; third, to the payment of any other sums of money which may then be or thereafter become be due to Landlord from Tenant under any of the terms hereof; and, and fourth, the balance, if any, to Tenant. The removal and storage of Tenant's property as above provided shall not constitute a waiver of Landlord's lien thereon.

Appears in 1 contract

Samples: Warehouse Lease (Newagecities Com Inc)

Removal of Property. At Unless otherwise agreed to in writing by Landlord's request, Tenant agrees that there are and shall be no trade fixtures in the Premises owned by Tenant. Upon expiration or earlier termination of this Lease, Tenant may remove all of its personal property property, Telecommunication Facilities (excluding wiring and cabling unless otherwise approved by Landlord in writing), office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) no Event of Default exists at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building) shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement Premises; provided, however, at Landlord’s sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall designate) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator Alterations (including Telecommunication Facilities, including without limitation wiring and cabling), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant’s submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord’s approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either Lease, Landlord shall identify such Tenant Alterations (if any) by expiration notice to Tenant given at the time of the term Landlord’s approval of such Tenant Alterations. Tenant waives all rights to any payment or other cause, and shall pay Landlord compensation for any damages or injury to the Leased Premises or the Building resulting from such removalTenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises. Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all actual and documented costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale, in ). In such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the actual and documented costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Gross Lease (TNS Inc)

Removal of Property. At Landlord's requestUpon expiration or earlier termination of this Lease, ------------------- Tenant shall remove all of its personal property property, supplies and furniture and equipment if (a) such items are moveable and are not permanently attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) there exists no uncured Event of Default by Tenant at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building, shall become the property of Landlord and are identified shall remain upon and be surrendered with the Premises, except that any Tenant Alterations which did not require Landlord's consent pursuant to the provisions of paragraph 4.4 above shall be removed by Tenant unless Tenant obtained Landlord's written approval to surrender such Tenant Alterations with the Premises; provided, however, at Landlord's sole election made in Landlord's approval of the Improvement Agreement affected Tenant Alterations, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall have designated) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator or Tenant HVAC System, Alterations and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for repair any damages or injury to the Leased Premises or the Building resulting from such removal. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole commercially reasonable discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such ----- sale, including reasonable attorneys' attorney's fees actually incurred; second, to the ------ payment of the costs or charges for storing any such property; third, to the ----- payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to ------ Tenant.

Appears in 1 contract

Samples: Lease (Sonosite Inc)

Removal of Property. At Landlord's requestUpon expiration or sooner termination of this Lease, Tenant shall may remove all its trade fixtures, office supplies and movable office furniture and equipment not attached to the Building provided (a) such removal is made prior to the termination or expiration of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvementsthis Lease, (iib) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise Tenant is not in material default under any provision of this Lease at the Tenant Generator or Tenant HVAC Systemtime of such removal, and (ivc) Tenant immediately repairs all voice and data cabling and other telecommunications equipment installed damages caused by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. All other property in the Premises and any alterations thereto (including, without limitation, wall-to-wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixes to the floor, wall to ceiling of the Premises shall become the property of Landlord and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefore. If, however, Landlord so requests in writing, Tenant will, upon termination of this Lease, remove such alterations, additions, fixtures, equipment and property placed or installed by it in the Premises as requested by Landlord, and will immediately repair any damage caused by or resulting from such removal to the condition of the Premises prevailing upon commencement of this Lease, reasonable wear and tear expected. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature whatsoever from the Premises or the Building at the termination of this Lease or when Landlord has the right of re-entryreentry, Landlord may at its option, remove and store such said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of or storing any such property after it has been stored for a period of thirty (30) 30 days or more, Landlord may, at its option, sell, or permit to be sold, any or of all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places place as Landlord in its sole discretion may deem proper, proper without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of or such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of or any other sums of money which may then be or thereafter become due to Landlord landlord from Tenant under any of the terms hereof; and, and fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Synchronoss Technologies Inc)

Removal of Property. At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures Upon expiration or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the earlier termination of this Lease either by expiration of the term or other causeLease, Tenant may remove its trade fixtures, office supplies and shall pay Landlord for any damages or injury office furniture and equipment if (a) such items are readily moveable and are not attached to the Leased Premises Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the Building time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. If All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building, shall fail become the property of Landlord and shall remain upon and be surrendered with the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to remove Tenant Improvement Costs". Tenant waives all rights to any property required to be removed by Tenant payment or compensation for such property. If, at the expiration or earlier termination of this Lease or when at such time as Landlord has the exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, second to the payment of the costs or charges for storing any such property; third, third to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, fourth the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease (Integrated Information Systems Inc)

Removal of Property. At Unless otherwise agreed to in writing by ------------------- Landlord's request, Tenant agrees that there are and shall be no trade fixtures in the Premises owned by Tenant. Upon expiration or earlier termination of this Lease, Tenant may remove all of its personal property property, office supplies and office furniture and equipment: if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in monetary or other material default of any covenant or condition of this Lease at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building, shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement Premises; provided, however, subject to the provisions of Section 4.4, at Landlord's election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall designate) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator or Tenant HVAC System, Alterations and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for repair any damages or injury to the Leased Premises or the Building resulting from such removal. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' ----- attorney's fees actually incurred; second, to the payment of the costs or ------ charges for storing any such property; third, to the payment of any other sums ----- of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.. ------

Appears in 1 contract

Samples: Deed of Lease (Digex Inc/De)

Removal of Property. At Landlord's request, Tenant shall remove all of its personal moveable property and (i) all improvements that are part of trade fixtures which can be removed without damage to the Premises Improvements and are identified in the Improvement Agreement as being removable fixtures or improvements, (ii) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord any reasonable damages for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature whatsoever (other than the records and property specified in Subsection 20.5 of this Lease) from the Premises or the Building at the the. termination of this Lease or when Landlord has the right of re-entryreentry, Landlord may may, in accordance with the provisions of applicable statutes covering commercial landlord and tenant matters, remove and store such said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord Landlord. may, at its is option, sell, or permit to be sold, any or all such property at a commercially reasonable public or private sale, in such manner and at such times and places as the Landlord in its sole discretion may deem reasonable and proper, without after first sending notice to Tenant, Tenant at lease ten (10) days prior to the date of any scheduled sale specifying the time and place thereof; unless greater or lesser notice is required under applicable statutes, and shall apply the proceeds of such salesale as follows: first, to the cost and expense of such sale, including reasonable attorneys' attorneys fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, and fourth, the balance, if any, to Tenant. Tenant shall remain liable for any differences.

Appears in 1 contract

Samples: Lease Agreement (Capital Bancorp Inc)

Removal of Property. At Landlord's requestUpon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall shall, without expense to Landlord, remove or cause to be removed from the Premises the following items, repairing all damage (ordinary wear and tear excepted) caused by the installation or removal of its any of the following items: (a) all debris and rubbish, (b) such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property and (i) all improvements that are owned by Tenant or installed or placed by Tenant at its expense in the Premises or as part of the Premises Improvements and are identified Tenant Improvements, including any Communications Equipment (as defined in the Improvement Agreement as being removable fixtures or improvementsParagraph 30.2 below), (iic) all Exterior Signsany Alterations that Landlord timely requires to be removed pursuant to Paragraph 8.5 above, (iiid) all improvements, fixtures and equipment any Lines that comprise the Tenant Generator or Tenant HVAC SystemLandlord requires to be removed pursuant to Paragraph 24.3, and (ive) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for any damages or injury to the Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any property signage required to be removed by pursuant to Paragraph 27.1. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. Landlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be liable to Landlord for the costs of: (1) removal of any such Alterations or personal property, (2) storage, transportation, and disposition of the same, and (3) repair and restoration of the Premises. Except as expressly provided in this Lease, including the Tenant Improvement Agreement, Tenant shall have no obligation to remove any Tenant Improvements shown on the Preliminary Space Plan (as defined in the Tenant Improvement Agreement) upon the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may remove and store such property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, or permit to be sold, any or all such property at public or private sale, in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due to Landlord from Tenant under any of the terms hereof; and, fourth, the balance, if any, to TenantLease.

Appears in 1 contract

Samples: Lease (Harmonic Inc)

Removal of Property. At Landlord's requestTenant may remove its personal property, office supplies and office furniture and equipment at any time during the Lease Term. Tenant shall remove immediately repair all of its personal damage caused by or resulting from such removal. All property in the Premises constituting building fixtures (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and (i) all improvements that are apparatus or Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building and are identified in that cannot be removed by Tenant without unrepairable damage to the Improvement Agreement as being removable fixtures or improvementsBuilding) shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, (ii) all Exterior Signshowever, (iii) all improvementsat Landlord’s sole election, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other telecommunications equipment installed upon written notice by Landlord to Tenant at the termination time of this Lease either by expiration approval of the term plans and specifications for the Tenant Alterations, Tenant shall be obligated, at its sole cost and expense, to remove all (or other causesuch portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities), and shall pay Landlord for repair any damages or injury to the Leased Premises or the Building resulting from such removalremoval and return the Premises to the same condition as existed prior to such Tenant Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property required to be removed by Tenant from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property at Tenant’s expense without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: 405 Corporate Center (HouseValues, Inc.)

Removal of Property. At Unless otherwise agreed to in writing by Landlord's request, Tenant agrees that there are and shall be no trade fixtures in the Premises owned by Tenant. Upon expiration or earlier termination of this Lease, Tenant may remove all of its personal property property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and (id) Tenant immediately repairs all improvements that are damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the floor, walls, ceiling or any other part of the Premises Improvements or Building, shall become the property of Landlord and are identified in shall remain upon and be surrendered with the Improvement Agreement Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as being removable fixtures or improvements, (iiLandlord shall designate) all Exterior Signs, (iii) all improvements, fixtures and equipment that comprise of the Tenant Generator or Tenant HVAC System, Alterations and (iv) all voice and data cabling and other telecommunications equipment installed by Tenant at the termination of this Lease either by expiration of the term or other cause, and shall pay Landlord for repair any damages or injury to the Leased Premises or the Building damage resulting from such removal. Provided that Tenant pays the Removal Fee, Tenant shall not be obligated to remove any of the Tenant Improvements. Tenant shall have the right, at the time it requests Landlord's consent and delivers all plans and specifications to any Tenant Alteration to make a written request that Landlord notify Tenant whether Tenant shall be obligated to remove the applicable Tenant Alteration at the end of the Lease Term, in which event Tenant shall only be obligated to remove (i) those Tenant Alterations that Landlord notified Tenant it must remove at the end of the Lease Term at the same time of and in connection with Tenant's requested approval of the Tenant Alterations, and (ii) those Tenant Alterations that Tenant did not seek or did not obtain Landlord's written consent to leave in place at the end of the Lease Term, and that Landlord requires Tenant to remove. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any of its property required to be removed by Tenant of any nature from the Premises, Building or Land at the expiration or earlier termination of this Lease or when Landlord has the right of re-entry, Landlord may may, at its option, remove and store such property without liability for loss thereof of or damage theretoto such property, such storage to be for the account and at the expense of Tenant. If Tenant shall not fails to pay the cost of storing any such property property, Landlord may, at its option, after it has been stored for a period of thirty twenty (3020) days Business Days or more, Landlord may, at its option, sell, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter later become due to Landlord from Tenant under any of the terms hereofthis Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Samples: Lease (MRV Communications Inc)

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