REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation on the Premises, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilities.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
REMOVAL/RESTORATION. At the end of the Initial and Extension terms or upon Tenant termination pursuant to Section 6(d) or (e), provided however, that Landlord shall have no right to opt to obtain title to the tower if Tenant’s basis for termination under Section 6(e) is in connection with a right to terminate under the following Lease sections: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 11(d) Environmental, or 18 Condemnation . If Tenant terminates under Section 6(d) or Section 6(e) merely for convenience, unrelated to the exceptions set forth in the preceding sentence, Landlord may opt to obtain, at the cost of $1.00 paid to Tenant , the support structure and the Public Safety Antenna upon reasonable prior written notice to Tenant provided at least one hundred and eighty (180) days prior to the expiration of the Term. All other portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during or after the TermTerm except for ▇▇▇▇▇▇▇▇’s retention option delineated above in this Paragraph 13. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of repair any damage to the Property resulting from ▇▇▇▇▇▇’s removal activities at Tenant’s above-ground improvements sole cost and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation on the Premises, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilitiesexpense.
Appears in 1 contract
Sources: Land Lease Agreement
REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property Premises by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the PropertyPremises, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty sixty (12060) days of the expiration or earlier termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements on the Premises and Tenant will, to the extent reasonable, restore surrender the Premises to its condition at the commencement of the AgreementLandlord, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control exceptedexcepted and Tenant shall have a license to access the Premises and Property for such purpose. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation on the Premisesvegetation, nor will Tenant be required to remove from the Premises or the Property any structural steel or any foundations or underground utilitiesutilities or remove any grading, rock or paving.
Appears in 1 contract
Sources: Option and Lease Agreement
REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements and Tenant will, to the extent reasonable, will restore the Premises to its condition at the commencement of the this Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Footings, foundations, concrete and conduit will be removed to a depth of three feet below grade. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs shrubs, or other vegetation on the Premises, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilitiesvegetation.
Appears in 1 contract
Sources: Option and Lease Agreement
REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation on the Premisesvegetation, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilities.
Appears in 1 contract
Sources: Structure Lease Agreement
REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and shall remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation on the Premisesvegetation, nor will Tenant be required to remove from the Premises or the Property any foundations below two (2’) feet or underground utilities.
Appears in 1 contract
Sources: Option and Lease Agreement
REMOVAL/RESTORATION. All portions of the Communication Facility Tower Facilities brought onto the Property Leased Premises by Tenant will be and will remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility Tower Facilities constructed, erected or placed on the Leased Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Leased Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty ninety (12090) days of the termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements and Tenant will, to the extent reasonable, will restore the Leased Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Notwithstanding the foregoing, Tenant will Any property not removed within ninety (90) days shall be responsible for the replacement deemed abandoned and Landlord shall have a right to seek compensation through Section 23 of any trees, shrubs or other vegetation on the Premises, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilitiesthis Agreement.
Appears in 1 contract
Sources: Tower Lease Agreement
REMOVAL/RESTORATION. All portions of the Communication Facility Tower Facilities brought onto the Property Leased Premises by Tenant will be and will remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility Tower Facilities constructed, erected or placed on the Leased Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Leased Premises will be and remain the property of the Tenant and may be removed by Tenant ▇▇▇▇▇▇ at any time during the Term. Within one hundred twenty ninety (12090) days of the termination of this Agreement, Tenant will remove all of Tenant’s above-ground improvements and Tenant will, to the extent reasonable, will restore the Leased Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. Notwithstanding the foregoing, Tenant will Any property not removed within ninety (90) days shall be responsible for the replacement deemed abandoned and Landlord shall have a right to seek compensation through Section 23 of any trees, shrubs or other vegetation on the Premises, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilitiesthis Agreement.
Appears in 1 contract
Sources: Tower Lease Agreement