Common use of Removal of Tenant’s Property Clause in Contracts

Removal of Tenant’s Property. In the event of a partial or total destruction of the Premises, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant to remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Work.

Removal of Tenant’s Property. In WAIVER OF LANDLORD'S LIEN. Provided the event Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of a partial this Lease, to remove "Tenant's Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or total destruction made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the Premisesbuilding, Tenant shall as soon as practicableincluding, whether or not without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall have notified Tenant to remove the samewaive any contractual, but in no event later than 10 Business Days after receiving a notice from statutory or other Landlord, remove 's lien on any and all of the Tenant’s 's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises or without the portion thereof destroyed, as the case may be, prior written consent of Landlord and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration WorkMortgagee.

Removal of Tenant’s Property. In the event of a partial or total destruction of the Premises, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant to remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from shall remain the Premises or the portion thereof destroyed, as the case may beproperty of Tenant, and if Tenant does not promptly so may remove Tenant’s Propertythe same at any time on or before the Expiration Date. On or prior to the Expiration Date, LandlordTenant shall, at Tenant’s expense, may discard the same or may (i) remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal all of Tenant’s Property (provided that Tenant shall not be required to remove its cabling and wiring in the Premises if and to the extent that such cabling and wiring is bundled and tagged in accordance with Landlord's commercially reasonable requirements therefor) and, unless otherwise directed by Tenant Landlord or Landlord, as otherwise provided in this Section 22.04Lease, any Specialty Alterations from the Premises, (ii) close up any slab penetrations in the Premises made by or on behalf of Tenant, and (iii) comply with Article 28 regarding removal of signs. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the performance Building caused by Tenant’s removal of any Specialty Alterations, Tenant’s Property or signage or by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord of for Landlord’s Restoration Work reasonable and actual out-of-pocket cost of repairing and restoring such damage. Any Specialty Alterations or the Specified Restoration Work Tenant’s Property or signage not so removed shall be deemed abandoned and Landlord shall be under no obligation to delay the performance may retain or remove and dispose of same, nor and repair and restore any damage caused thereby, at Tenant’s cost and without accountability to Tenant. Except as expressly provided above in this Section 5.3, all Alterations shall become Landlord’s property upon termination of this Lease. Notwithstanding anything to the contrary herein, and without limiting any other rights of Landlord have any liability to Tenant in the event that hereunder, if Tenant fails to do so. timely comply with its obligations under this Section 5.3 on or before the last day of the Term, Tenant shall promptly permit Landlord access be deemed to be holding over in the Premises, and thus subject to the Premises for the purpose provisions of performing Landlord’s Restoration Work and, if applicable, the Specified Restoration WorkSection 18.2 below.

Removal of Tenant’s Property. In Upon the event of a partial or total destruction expiration of the Term, or upon termination of the Lease or of Tenant’s right to possession of the Leased Premises, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant to remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from machinery, equipment, jigs, tools and furniture which are demonstrably owned by Tenant and incident to Tenant’s business (“Trade Fixtures”), provided, however, that Tenant shall fully restore any area affected by such removal to good condition and repair and shall repair any and all injury or damage to the Leased Premises or Facility which may result from such removal, including repairing any holes in the portion thereof destroyedfloor, roof or walls of the Facility and any connection with utilities and systems of the Facility or the Leased Premises and shall restore the Leased Premises and Facility to the same conditions as the case may beprior to Tenant’s installation thereof. Tenant shall not remove any machinery, and if equipment, jigs, tools, furniture or fixtures owned by Landlord. If Tenant does not promptly so remove Tenant’s PropertyTrade Fixtures from the Leased Premises prior to the expiration or earlier termination of the Lease Term, LandlordLandlord may, at Tenant’s expenseits option, may discard remove the same (and repair any damage occasioned thereby) and dispose thereof or may remove Tenant’s Property to a public warehouse for deposit or retain deliver the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by other place of business of Tenant to Landlordor warehouse the same, with any balance remaining to be paid to Tenant; if and Tenant shall pay the expenses reasonable out-of-pocket cost of such removal, storage repair, delivery and sale shall exceed the proceeds of any sale, Tenant shall pay such excess warehousing to Landlord after on demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a ▇▇▇▇ of Sale, without further payment or credit by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration WorkTenant.

Removal of Tenant’s Property. In Upon the event expiration of a partial this Sublease or total destruction as Tenant reduces the size of the Premises, Tenant shall remove Tenant’s furniture, equipment and other articles of personal property incident to Tenant’s business including all Retained Assets as soon defined in the Purchase Agreement (collectively “Trade Fixtures”); provided, however, that Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as practicableprior to the later of the Commencement Date or the installation thereof.. In removing such Trade Fixtures, whether Tenant may, as needed, access and use the shipping and receiving dock at the back of the Building. If Tenant does not remove Tenant’s Trade Fixtures from the Premises prior to the expiration or not earlier termination of the Term or as Tenant reduces the size of the Premises, Landlord shall have notified Tenant may, at its option, remove the same from any part of the Premises surrendered (and repair any damage occasioned thereby and restore the Premises as aforesaid) and dispose thereof or deliver the same to remove any other place of business of Tenant, or warehouse the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from Tenant shall pay the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses cost of such removal, storage and sale shall exceed the proceeds of any salerepair, Tenant shall pay such excess restoration, delivery or warehousing to Landlord after on demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance Landlord may treat said Trade Fixtures as having been conveyed to Landlord with this Lease as a Bill of Sale, without further payment or credit by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration WorkTenant.

Removal of Tenant’s Property. Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of this Lease, to remove Tenant's Property, consisting of machinery, trade equipment, business and trade fixtures, including all furnishings, office equipment, telecommunication and data processing equipment, and all other trade equipment placed, installed, supplied, or made by it in or on the Leased Premises, at Tenant's cost and expense (without any contribution or reimbursement therefor by Landlord) which was not specifically conveyed, transferred or sold to Landlord pursuant to that certain Limited Warranty Deed or ▇▇▇▇ of Sale dated on or about , 2007, and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term Tenant's Property shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems, and other like equipment and fixtures, if any. In the event of a partial Tenant's property is not removed within ninety (90) days after notice by Landlord or total destruction then owner of the Premises, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant Land to remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second title to any sums owed by such Tenant to Landlord, with any balance Property remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of same, nor shall Landlord have any liability to Tenant ninety (90) days automatically vests in the event that Tenant fails to do so. Tenant shall promptly permit Landlord access to owner of the Premises for the purpose of performing Landlord’s Restoration Work and, if applicable, the Specified Restoration WorkLand at such time.

Removal of Tenant’s Property. In All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the event Premises shall be and remain the property of a partial or total destruction Tenant and may be removed by Tenant at any time during the Lease Term as long as: (i) such removal is made prior to the expiration of the PremisesLease Term; (ii) Tenant immediately repairs all damage caused by or resulting from such removal; and (iii) Tenant is not in default hereunder. Such installation, location and movement shall further be subject to the Rules and Regulations. If Tenant shall fail to remove all of its personal property fixtures from the Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant shall as soon as practicable, whether or not agrees to pay Landlord shall have notified Tenant to remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove upon demand any and all expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effects, for any length of Tenant’s Property from time that the Premises same shall be in Landlord's possession. If Tenant fails to pay for the cost of said storage after it has been stored for a period of thirty (30) days or the portion thereof destroyedmore, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, LandlordLandlord may, at Tenant’s expenseits option, may discard the same sell said effects, or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell any of the same at either public auction or private salesale and without legal process, for such price as Landlord may obtain and apply the proceeds of which shall be applied first such sale upon any amounts due under this Lease, including but not limited to attorney fees and the expenses costs associated with the sale of removal, storage the personal property and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Workfixtures.

Removal of Tenant’s Property. In At or before the event Expiration Date of a partial this Lease, or total destruction within five (5) days after any earlier termination hereof, Tenant, at its expense, shall remove from the Premises all of Tenant's Property (except such items thereof as Landlord shall have expressly permitted to remain, which property shall become the property of Landlord), and Tenant shall repair any damage to the Premises or the Building resulting from any installation and/or removal of Tenant's Property, and shall restore the Premises to the same physical condition and layout as they existed at the time Tenant was given possession of the Premises, Tenant reasonable wear and tear excepted. Any other items of Tenant's Property which shall as soon as practicableremain in the Premises after the Expiration Date of this Lease, whether or not after a period of five (5) 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, or otherwise disposed of by Landlord. Landlord shall have notified may request Tenant to remove and pay to Landlord the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove cost of repairing any and all of Tenant’s Property from damage to the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to Building resulting from any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the installation and/or removal of Tenant’s 's Property and the cost of restoring the Premises to the same physical condition and layout as they existed at the time Tenant was given possession of the Premises, reasonable wear and tear excepted. Notwithstanding the foregoing, Landlord has reviewed and approved the GE Healthcare Financial Services Waiver form (the "Waiver") provided by Tenant or Landlord, and shall execute same in conjunction with this Lease between the parties as provided in proposed herein. To the extent of any inconsistency between the terms of this Section 22.04, or Lease and the performance by Landlord terms of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation Waiver relating to delay the performance of 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 Landlord’s Restoration Work and, if applicableTenant's PET scanner, the Specified Restoration Workterms of the Waiver shall control.

Removal of Tenant’s Property. Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of this Lease, to remove Tenant’s Property, consisting of machinery, trade equipment, business and trade fixtures, including all furnishings, office equipment, telecommunication and data processing equipment, and all other trade equipment placed, installed, supplied, or made by it in or on the Leased Premises, at Tenant’s cost and expense (without any contribution or reimbursement therefor by Landlord) which was not specifically conveyed, transferred or sold to Landlord pursuant to that certain Limited Warranty Deed or ▇▇▇▇ of Sale dated on or about , 2007, and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant’s cost and expense. As used herein and hereafter, the term Tenant’s Property shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems, and other like equipment and fixtures, if any. In the event of a partial Tenant’s property is not removed within ninety (90) days after notice by Landlord or total destruction then owner of the Premises, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant Land to remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second title to any sums owed by such Tenant to Landlord, with any balance Property remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of same, nor shall Landlord have any liability to Tenant ninety (90) days automatically vests in the event that Tenant fails to do so. Tenant shall promptly permit Landlord access to owner of the Premises for the purpose of performing Landlord’s Restoration Work and, if applicable, the Specified Restoration WorkLand at such time.

Removal of Tenant’s Property. In Upon the event termination of a partial or total destruction this Lease by lapse of the Premisestime, Tenant shall remove Tenant's articles of personal property incident to Tenant's business ("Trade Fixtures"); provided, however, that Tenant shall repair any injury or damage to the Leased Premises which may result from such removal, and shall restore the Leased Premises as soon near as practicablereasonably possible to the same condition, whether subject to normal wear and tear, as prior to the installation thereof. If Tenant does not remove Tenant's Trade Fixtures from the Leased Premises prior to the expiration or not earlier termination of the Lease Term, Landlord shall have notified may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant to remove or warehouse the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from Tenant shall pay the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses cost of such removal, storage repair, delivery and sale shall exceed the proceeds of any sale, Tenant shall pay such excess warehousing to Landlord after on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a ▇▇▇▇ of Sale, without further payment or credit by Landlord to Tenant. Anything contained in Section 17.1 to the contrary notwithstanding, with respect to the following Trade Fixtures. Tenant shall not be solely responsible for arranging for required to remove utility lines used to furnish utilities to said Trade Fixtures and to remove equipment associated with said utility lines. Tenant will cause any visits utility services supplied to the Leased Premises by Tenant’s insurance adjuster that may to operate said Trade Fixtures to be desired by Tenant prior terminated and will cause said utility lines to the removal of Tenant’s Property by Tenant or Landlord, as provided be capped and rendered inoperative in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work accordance with applicable building code: (a) three autoclaves; (b) water systems; (c) clean air compressors; and, if applicable, the Specified Restoration Work (d) wire mesh caging.

Removal of Tenant’s Property. In the event of a partial or total destruction of the Premises, Tenant shall as soon as practicableretain the ownership of all equipment, whether furniture, and supplies placed in or not on the Premises by Tenant (other than non-trade fixtures or other alternations made by Tenant to the Premises in accordance with this Lease, which shall be the property of Landlord upon termination of this Lease) and shall have notified Tenant the right to remove the samesuch equipment, but furniture, and supplies prior to termination of this Lease provided that no Act of Default has been committed by Tenant which has not been fully cured in no event later than 10 Business Days after receiving a notice from Landlord, remove manner reasonably acceptable to Landlord and further provided that Tenant repairs any and all of Tenant’s Property from injury to the Premises or Building resulting from such removal. Unless Tenant has made prior arrangements with Landlord and Landlord has agreed in writing to permit Tenant to leave such equipment, furniture, or supplies on the portion thereof destroyedPremises for an agreed period, as the case may be, and if Tenant does not promptly so remove Tenant’s Propertysuch movable equipment, furniture, and supplies prior to such termination, then, in addition to its other remedies at law or in equity, Landlord shall have the right, in Landlord, 's sole discretion to either have such items removed and stored at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession 's expense and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first all damage to the expenses Premises or Building resulting therefrom repaired at the cost of removalTenant or elect that such movable equipment, storage furniture and salesupplies automatically become the property of the Landlord upon termination of this Lease, second to any sums owed by Tenant to Landlordand, with any balance remaining to be paid to Tenant; if in the expenses of such removal, storage and sale shall exceed the proceeds of any salelatter case, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible not have any further right with respect thereto or for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work reimbursement therefor and Landlord shall be under no obligation free to delay sell, discard or otherwise dispose of the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Work.

Removal of Tenant’s Property. In the event of a partial or total destruction of the Premises, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant to remove the same, but in no event later than 10 ten (10) Business Days after receiving a notice from LandlordLandlord and reasonable access to the Building and the Premises (subject to extension on a day-for-day basis if Tenant shall be prevented from accessing the Building and the Premises due to Force Majeure), remove any and all of Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord within thirty (30) days after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Work.

Removal of Tenant’s Property. In WAIVER OF LANDLORD'S LIEN Provided the event Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of a partial this Lease, to remove "Tenant's Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or total destruction made by it in or on the Leased Premises at Tenant's cost and expense (without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "TENANT'S PROPERTY" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the Premisesbuilding, Tenant shall as soon as practicableincluding, whether or not without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall have notified Tenant to remove the samewaive any contractual, but in no event later than 10 Business Days after receiving a notice from statutory or other Landlord, remove 's lien on any and all of the Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s 's Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds lien of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of same, nor shall Landlord have any liability third party institutional lender providing financing 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Workand will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request.

Removal of Tenant’s Property. In the event Upon termination of a partial or total destruction of the Premisesthis Lease, Tenant shall remove Tenant's articles of personal property incidental to Tenant's business ("Trade Fixtures"); provided, however, that Tenant shall repair any injury or damage to the Leased Premises which may result from such removal, and shall restore the Leased Premises to the same condition as soon prior to the installation thereof. If Tenant does not remove Tenant's Trade Fixtures from the Leased Premises, as practicableaforesaid, whether Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or not Landlord shall have notified deliver the same to any other place of business of Tenant to remove or warehouse the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from Tenant shall pay the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses cost of such removal, storage repair, delivery and sale shall exceed warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a bill ▇▇ sale, without further payment or credit by Landlord to Tenant. Notwithstanding the proceeds foregoing, provided that no later than 20 days before the end of the term hereof (including any saleOption Period exercised by Tenant), Tenant provides Landlord a list of machinery and equipment (but not inventory) that Tenant does not intend to remove from the Leased Premises and provided further that such list includes only machinery and equipment conveyed pursuant to that certain Purchase and Sale Agreement dated of even date herewith between Landlord and Tenant, Tenant shall not be required to pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal cost of Tenant’s Property by Tenant removal, repair, delivery or Landlord, warehousing as provided contemplated in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Work17.1.

Removal of Tenant’s Property. In WAIVER OF LANDLORD'S LIEN Provided the event Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of a partial this Lease, to remove "Tenants Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or total destruction made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenants Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the Premisesbuilding, Tenant shall as soon as practicableincluding, whether or not without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall have notified Tenant to remove the samewaive any contractual, but in no event later than 10 Business Days after receiving a notice from statutory or other Landlord, remove 's lien on any and all of the Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s 's Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds lien of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of same, nor shall Landlord have any liability third party institutional lender providing financing 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Workand will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request.

Removal of Tenant’s Property. In At or before the event Expiration Date, or the date of a partial or total destruction any earlier termination, Tenant, at its expense, shall remove from the Premises all of the Premises, Tenant shall Tenant's Property (except such items thereof as soon as practicable, whether or not Landlord shall have notified expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair any damage to remove the samePremises resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, but in no event later than 10 Business Days after receiving a notice from or 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 be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, it may remove any and all of Tenant’s 's Property from the Premises or only upon the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, express written directions of Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, as provided Notwithstanding anything contained in this Section 22.0412 to the contrary, or the performance by Landlord may not require Tenant to remove any of Landlord’s Restoration Work 's Property at or before the Specified Restoration Work and Expiration Date or any earlier termination date unless Landlord shall has notified Tenant at the time of Landlord's approval of the installation and/or construction of the same that such Landlord's Property may be under no obligation subject to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Worksuch removal requirement.

Removal of Tenant’s Property. In On or before the event of a partial or total destruction of the PremisesExpiration Date, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant to remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant’s Property, Landlord, at Tenant’s expense, may discard the same or may shall remove Tenant’s Property to a public warehouse for deposit from the Premises. Unless otherwise directed by Landlord, on or retain before the same in Expiration Date, Tenant, at Tenant’s expense, shall (i) provided that Landlord requested that the applicable Specialty Alteration be removed from the Premises at the time that Landlord provided its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first consent to the expenses of removalPlans for the applicable Specialty Alteration, storage remove all Specialty Alterations (as defined in Exhibit B-Definitions) and saleclose up any slab penetrations at the Premises; and (ii) provided that Landlord requested that the applicable Alteration be removed from the Premises at the time that Landlord provided its consent to the Plans for the applicable Alteration, second to any sums owed by Tenant to Landlordremove all other Alterations (other than Decorative Alterations, with any balance remaining to be paid to Non-Removable Alterations and Tenant; if ’s voice and data cabling in the expenses of such removalPremises, storage except Tenant’s cabling and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging wiring for any visits trading floor(s) and Tenant’s cabling and wiring on any non-trading floor(s) to the extent such non-trading floor cabling and wiring is not normally found in comparable office space at Comparable Buildings). Tenant, at Tenant’s expense, shall repair and restore in a good and workmanlike manner any damage to the Premises and/or the Building caused by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property and any Alterations or by the closing of any slab penetrations. If Tenant or Landlordfails to so remove any of Tenant’s Property and/or any Alterations that Tenant is required to remove, as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work same shall be deemed abandoned and Landlord shall be under no obligation to delay the performance may remove and dispose of same, nor and repair and restore any damage caused thereby, at Tenant’s expense, and without accountability to Tenant. All Alterations that Landlord does not require Tenant to remove as aforesaid 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 become Landlord’s Restoration Work and, if applicable, property upon the Specified Restoration Workexpiration or earlier termination of this Lease.

Removal of Tenant’s Property. In the event of a partial Tenant's movable equipment, furniture, furnishings, merchandise and other unattached movable property, including trade fixtures (collectively called "Tenant's Personal Property") installed or total destruction of located at the Premises, shall be and remain the property of Tenant. In addition to Tenant's obligations under Section 10.5 42 50 hereof, upon the expiration or termination of the Lease, Tenant shall as soon as practicable, whether or not Landlord shall have notified Tenant to at its expense remove the same, but in no event later than 10 Business Days after receiving a notice from Landlord, remove any and all of Tenant’s 's Personal Property from and the property of all persons claiming under Tenant, and shall repair or reimburse Landlord for the costs of repairing any damage to the Premises or the portion thereof destroyedProperty resulting from the installation or removal of such property. Any such property not so removed by Tenant shall be deemed abandoned and shall become the property of Landlord to dispose of as Landlord deems expedient without accounting to Tenant therefor. Except as otherwise required by law, as the case Landlord may be, and if Tenant does not promptly so remove Tenant’s Property, store such property in any place selected by Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property including but not limited to a public warehouse for deposit warehouse, at the expense and risk of Tenant, with the right to sell any or retain the same all of such stored property at public or private sale in such manner and at such times and places as Landlord in its own possession and at its sole discretion may sell the same at either public auction or private saledeem proper, with notice to Tenant as required by law; and the proceeds of which such sale shall be applied first to the expenses cost of removal, storage and such sale, second to the payment of the costs of removal and storage, and third to payment of any other sums owed by which may then be due from Tenant to LandlordLandlord under any of the terms of this Lease with the balance, with any balance remaining if any, to be paid over to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds . Tenant waives all claims against Landlord for any damages resulting from Landlord's retention or disposition of any sale, Tenant shall pay such excess to Landlord after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of Tenant’s Property by Tenant or Landlord, property as provided in this Section 22.04, or the performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of 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 Landlord’s Restoration Work and, if applicable, the Specified Restoration Workherein.