Common use of Restoration of Premises Clause in Contracts

Restoration of Premises. All alterations, additions and improvements made by either of the parties hereto on the Premises after the date hereof will be the property of Landlord and will remain on and be surrendered with the Premises at the termination of this Lease provided, however, that except for the work being performed under the Work Agreement, Tenant shall remove, at Landlord’s option, all alterations, additions or improvements to the Premises made for Tenant after the date hereof and Tenant shall pay to Landlord to restore the Premises to the Premises’ original condition. Notwithstanding the foregoing, in the event that Landlord gives its consent, pursuant to the provisions of this Section 14, to allow Tenant to make an alteration in the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time of the giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term.

Appears in 2 contracts

Samples: A Lease Agreement (Aastrom Biosciences Inc), Standard Lease Summary (Aastrom Biosciences Inc)

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Restoration of Premises. All alterationsIf there is a taking hereunder and this Lease is continued, additions the Landlord shall, at its expense, and improvements made upon receipt of any award or awards deemed sufficient by either an independent architect selected by Landlord and approved by Tenant for the purpose, proceed with reasonable diligence to repair, alter, and restore the Premises as a complete architectural unit of substantially the same proportionate usefulness, design, and construction existing immediately prior to the date of taking, except that the Landlord may elect to reconstruct the interior of the parties hereto on Premises either in accordance with the original specification or in accordance with single line control drawings and specifications furnished by Tenant. If Landlord agrees to so rebuild the Premises after in accordance with Tenant's specifications, then no later than thirty (30) days before commencement of such repair and reconstruction, the date hereof will Tenant shall pay to the Landlord a sum equal to the difference between an independent architect of Landlord's estimate of (i) the cost to be incurred by the property Landlord to complete reconstruction of the Premises in accordance with Tenant's specifications, and (ii) the cost that the independent architect estimates would have been incurred had Landlord and will remain on and be surrendered reconstructed the Premises in accordance with the original construction drawings and specifications applicable to the Premises (as such improvements may have been altered by Landlord during the term prior to the taking) to the extent that such improvements have been constructed for the Tenant by the Landlord, at the termination of this Lease Landlord's expense, prior to and during the term hereof, provided, however, that except for the work being performed under the Work Agreement, Tenant shall remove, at Landlord’s option, all alterations, additions or improvements to the Premises made for Tenant after the date hereof and Tenant Landlord shall pay to the difference between the actual cost incurred by Landlord to restore complete reconstruction in accordance with Tenant's specifications and the sum paid by Tenant pursuant hereto within fifteen (15) days after completion of such reconstruction and delivery of the Premises to the Premises’ original condition. Notwithstanding the foregoing, in the event that Landlord gives its consent, pursuant to the provisions of this Section 14, to allow Tenant to make an alteration in the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time of the giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Commercial Lease (Finisar Corp)

Restoration of Premises. All alterationsfurniture, additions furnishings and improvements movable trade fixtures and removable partitions installed by Tenant must be removed from the Premises by Tenant, at Tenant’s sole cost and expense, prior to the Expiration Date. All Alterations in and to the Premises which may be made by either of Landlord or Tenant prior to and during the parties hereto on the Premises after the date hereof will be Term, or any renewal thereof, shall become the property of Landlord upon the Expiration Date or earlier end of the Term or any renewal thereof, and will remain on and shall not be surrendered with removed from the Premises at the termination of this Lease provided, however, that except for the work being performed under the Work Agreement, by Tenant shall removeunless Landlord, at Landlord’s optionoption by notice to Tenant given to Tenant at the time Landlord approves such Alteration, all alterationselects to have them removed from the Premises by Tenant, additions or improvements in which event the same shall be removed from the Premises by Tenant, at Tenant’s sole cost and expense, prior to the Expiration Date. In the event Landlord elects to have Tenant remove such Alterations, Tenant shall repair and restore in a good and workmanlike manner to the condition existing prior to such installation (reasonable wear and tear excepted) any damage to the Premises made for or the Building caused by such removal. Any of such Alterations or other property not so removed by Tenant after the date hereof and Tenant shall pay to Landlord to restore the Premises at or prior to the Premises’ original conditionExpiration Date or earlier termination of the Term shall become the property of Landlord, but nothing herein shall be deemed to relieve Tenant of responsibility for the cost and expense of removal of any such Alterations or other property which Tenant is obligated to remove hereunder. Notwithstanding the foregoing, or anything contained in the event that Landlord gives its consent, pursuant this Lease to the provisions contrary, in no event shall Tenant have any obligation to remove Tenant’s Initial Alteration Work at the expiration or earlier termination of this Section 14, to allow Tenant to make an alteration in the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time of the giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease TermLease.

Appears in 1 contract

Samples: Agreement of Lease (Constant Contact, Inc.)

Restoration of Premises. All alterationsIf there is a taking hereunder and this Lease is continued, additions the Landlord shall, at its expense, and improvements made upon receipt of any award or awards deemed sufficient by either an independent architect selected by Landlord and approved by Tenant for the purpose, proceed with reasonable diligence to repair, alter, and restore the Premises as a complete architectural unit of substantially the same proportionate usefulness, design, and construction existing immediately prior to the date of taking, except that the Landlord may elect to reconstruct the interior of the parties hereto on Premises either in accordance with the original specification or in accordance with single line control drawings and specifications furnished by Tenant. If Landlord agrees to so rebuild the Premises after in accordance with Tenant's specifications, then no later than thirty (30) days before commencement of such repair and reconstruction, the date hereof will Tenant shall pay to the Landlord a sum equal to the difference between an independent architect of Landlord's estimate of (i) the cost to be incurred by the property Landlord to complete reconstruction of the Premises in accordance with Tenant's specifications, and (ii) the cost that the independent architect estimates would have been incurred had Landlord and will remain on and be surrendered reconstructed the Premises in accordance with the original construction drawings and specifications applicable to the Premises (as such improvements may have been altered by Landlord during the term prior to the taking) to the extent that such improvements have been constructed for the Tenant by the Landlord, at the termination of this Lease Landlord's expense, prior to and during the term hereof; provided, however, that except for the work being performed under the Work Agreement, Tenant shall remove, at Landlord’s option, all alterations, additions or improvements to the Premises made for Tenant after the date hereof and Tenant Landlord shall pay to the difference between the actual cost incurred by Landlord to restore complete reconstruction in accordance with Tenant's specifications and the sum paid by Tenant pursuant hereto within fifteen (15) days after completion of such reconstruction and delivery of the Premises to the Premises’ original condition. Notwithstanding the foregoing, in the event that Landlord gives its consent, pursuant to the provisions of this Section 14, to allow Tenant to make an alteration in the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time of the giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term.

Appears in 1 contract

Samples: Turnstone Systems Inc

Restoration of Premises. All alterationsIf a Casualty occurs, additions and improvements made by either this Lease shall not terminate. If a Taking occurs with respect to all of the parties hereto on the Premises after the date hereof will be the property of Landlord and will remain on and be surrendered with the Premises at the termination of Premises, this Lease providedshall terminate; if a Taking occurs with respect to less than all of the Premises, however, that except for the work being performed under the Work Agreement, Tenant this Lease shall remove, at Landlordnot terminate. At Tenant’s option, all alterationsin the event of a Casualty or Taking, additions or improvements Landlord shall repair and restore the Premises, provided that (a) Tenant shall manage the repair and restoration pursuant to a construction management agreement in form and substance acceptable to Landlord, (b) Landlord’s obligation to restore and reconstruct the Premises shall be limited to the amount of insurance proceeds or the condemnation award actually received by Landlord,(c) Landlord shall have no obligation to expend any money to repair or restore the Premises made for Tenant after or any improvements, fixtures, equipment or other personal property in the date hereof Premises, and (d) Landlord’ obligation to restore shall be subject to the terms of any Credit Agreements, as defined in the QEAA. Tenant shall pay to Landlord also have the right to restore the Premises in accordance with all laws and regulations, subject to the Premises’ original conditionterms and conditions in the QEAA. Notwithstanding the foregoing, in In the event that Tenant elects to restore the Premises, Landlord gives its consentshall pay to Tenant all insurance proceeds and condemnation awards actually paid to Landlord as a result of such Casualty or Taking, pursuant but Landlord shall have no other obligation to the provisions of this Section 14, to allow Tenant to make an alteration in pay for such repairs or restoration. If the Premises after cannot be occupied, in whole or in part, as a result of such Casualty or Taking, the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time base rent and additional rent shall not be abated or reduced pending restoration of the giving Premises as described herein, but shall continue to be due and payable in full in accordance with the terms of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term2 hereof.

Appears in 1 contract

Samples: Lease Agreement (CVD Equipment Corp)

Restoration of Premises. All alterationsTenant shall, additions upon the termination or earlier determination hereof, restore the Premises, or any part thereof, as requested by Landlord, at Tenant’s own expense, to the base building condition thereof existing at the Commencement Date, save for reasonable wear and improvements made by either of the parties hereto on tear, provided, however, that the Premises after the date hereof will be and all Leasehold Improvements shall, upon completion or installation thereof, become the property of Landlord and will remain on and shall be surrendered by Tenant to Landlord on the termination or earlier determination hereof. Except to the extent herein or otherwise expressly agreed by Landlord in writing, Tenant’s Trade Fixtures shall not be removed by Tenant from the Premises, either during or at the expiration or sooner termination hereof, except that Tenant, if not in default under this Lease, may, concurrently with the Premises at expiration of the termination Term by the effluxion of this Lease time, remove Tenant’s Trade Fixtures, provided, however, that except if Tenant fails to remove Tenant’s Trade Fixtures concurrently with the expiration of the Term as aforesaid, Tenant’s Trade Fixtures not so removed, shall, at the sole option of Landlord, become the property of Landlord. If Tenant, in removing Tenant’s Trade Fixtures and Leasehold Improvements, or any portion thereof, as Landlord may require to be removed, damages the Premises, Tenant shall, at its own cost and expense, repair such damage, or, at the option of Landlord, pay Landlord for the work being performed under the Work Agreement, Tenant shall remove, at Landlord’s option, all alterations, additions or improvements to the Premises made for Tenant after the date hereof and Tenant shall pay to Landlord to restore the Premises to the Premises’ original condition. Notwithstanding the foregoing, in the event that Landlord gives its consent, pursuant to the provisions of this Section 14, to allow Tenant to make an alteration in the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time of the giving cost of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Termdamage.

Appears in 1 contract

Samples: Rank Incorporated (Meta Materials Inc.)

Restoration of Premises. All alterationsIf a Casualty occurs, additions and improvements made by either this Lease shall not terminate. If a Taking occurs with respect to all of the parties hereto on Premises, this Lease shall terminate; if a Taking occurs with respect to less than all of the Premises, this Lease shall not terminate. At Tenant's option, in the event of a Casualty or Taking, Landlord shall repair and restore the Premises, provided that (a) Tenant shall manage the repair and restoration pursuant to a construction management agreement in form and substance acceptable to Landlord, (b) Landlord's obligation to restore and reconstruct the Premises after shall be limited to the date hereof will be amount of insurance proceeds or the property of condemnation award actually received by Landlord, (c) Landlord and will remain on and be surrendered with shall have no obligation to expend any money to repair or restore the Premises at or any improvements, fixtures, equipment or other personal property in the termination of this Lease providedPremises, however, that except for the work being performed under the Work Agreement, and (d) Tenant shall remove, at Landlord’s option, all alterations, additions or improvements to also have the Premises made for Tenant after the date hereof and Tenant shall pay to Landlord right to restore the Premises to the Premises’ original conditionin accordance with all laws and regulations. Notwithstanding the foregoing, in In the event that Tenant elects to restore the Premises, Landlord gives its consentshall pay to Tenant all insurance proceeds and condemnation awards actually paid to Landlord as a result of such Casualty or Taking, pursuant but Landlord shall have no other obligation to the provisions of this Section 14, to allow Tenant to make an alteration in pay for such repairs or restoration. If the Premises after cannot be occupied, in whole or in part, as a result of such Casualty or Taking, the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time base rent and additional rent shall not be abated or reduced pending restoration of the giving Premises as described herein, but shall continue to be due and payable in full in accordance with the terms of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term2 hereof.

Appears in 1 contract

Samples: Sub Lease Agreement (CVD Equipment Corp)

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Restoration of Premises. All alterationsfurniture, additions furnishings and improvements made movable fixtures and removable partitions installed by either of the parties hereto on Tenant must be removed from the Premises after the date hereof will be the property of Landlord and will remain on and be surrendered with the Premises at the termination of this Lease provided, however, that except for the work being performed under the Work Agreement, Tenant shall remove, at Landlord’s option, all alterations, additions or improvements to the Premises made for Tenant after the date hereof and Tenant shall pay to Landlord to restore the Premises to the Premises’ original condition. Notwithstanding the foregoing, in the event that Landlord gives its consent, pursuant to the provisions of this Section 14, to allow Tenant to make an alteration in the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time of the giving of such consent whether Landlord will require by Tenant, at Tenant’s costexpense, prior to remove such alteration at the Expiration Date. All Alterations in and to the Premises which may be made by Landlord or Tenant prior to and during the Term, or any renewal thereof, shall become the property of Landlord upon the Expiration Date or earlier end of the Lease Term. In additionTerm or any renewal thereof, and shall not be removed from the Premises by Tenant unless Landlord, at Landlord’s option by notice to Tenant prior to the Expiration Date, elects to have them removed from the Premises by Tenant, in which event the event that Landlord’s consent to an alteration same shall be removed from the Premises by Tenant is not necessary under Section 14, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s costexpense, prior to the Expiration Date except that in no event shall Tenant be required to remove any part of Landlord’s Initial Construction or improvements that existed in the Premises prior to the Commencement Date. In the event Landlord elects to have Tenant remove such alteration Alterations, Tenant shall repair and restore in a good and workmanlike manner to Building standard original condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. Any of such Alterations or other property not so removed by Tenant at or prior to the end Expiration Date or earlier termination of the Lease TermTerm shall become the property of Landlord, but nothing herein shall be deemed to relieve Tenant of responsibility for the cost of removal of any such Alterations or other property which Tenant is obligated to remove hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Yodle Inc)

Restoration of Premises. All alterationsfurniture, additions furnishings and improvements movable fixtures installed by Tenant must be removed from the Premises by Tenant (other than in connection with Tenant’s initial occupancy of the Premises), at Tenant's expense, prior to the Expiration Date. All Alterations in and to the Premises which may be made by either Landlord or Tenant (exclusive of Landlord’s Work) prior to and during the parties hereto on the Premises after the date hereof will be Term, or any renewal thereof, shall become the property of Landlord upon the Expiration Date or earlier end of the Term or any renewal thereof, and will remain on and shall not be surrendered with removed from the Premises at the termination of this Lease provided, however, that except for the work being performed under the Work Agreement, by Tenant shall removeunless Landlord, at Landlord’s option, all alterations, additions or improvements 's option by notice to Tenant prior to the Premises made for Tenant after the date hereof and Tenant shall pay Expiration Date, elects to Landlord to restore have them removed from the Premises to the Premises’ original condition. Notwithstanding the foregoingby Tenant, in which event the event that Landlord gives its consent, pursuant to the provisions of this Section 14, to allow Tenant to make an alteration in same shall be removed from the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time of the giving of such consent whether Landlord will require by Tenant, at Tenant’s cost's expense, prior to the Expiration Date. In the event Landlord elects to have Tenant remove such Alterations, Tenant shall repair and restore in a good and workmanlike manner to Building standard original condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. Any of such Alterations or other property not so removed by Tenant at or prior to the Expiration Date or earlier termination of the Term shall become the property of Landlord, but nothing herein shall be deemed to relieve Tenant of responsibility for the cost of removal of any such Alterations or other property which Tenant is obligated to remove such alteration at hereunder. Notwithstanding anything to the end contrary contained herein, Tenant shall have the right during the Term to remove any Alterations, Specialty Alterations, installations or improvements upon the Premises in connection with the performance of any Alterations in the area of the Lease Term. In additionPremises where such Alterations, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14Specialty Alterations, Landlord agrees, promptly after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord will require Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Terminstallations or improvements are located.

Appears in 1 contract

Samples: Agreement of Lease (Snap Interactive, Inc)

Restoration of Premises. All alterationsIf there is a partial taking of any Leased Property and the subject Lease remains in full force and effect pursuant to Section 11.02, additions and improvements made by either Landlord shall furnish to Tenant the amount of the parties hereto on Award payable to Landlord, as provided herein, in order for Tenant to accomplish all necessary restoration. If Tenant receives an Award under Section 11.05, Tenant shall repair or restore any Tenant Improvements up to but not exceeding the Premises amount of the Award payable to Tenant therefor. Before beginning such restoration, or letting any contracts in connection with such restoration, Tenant will submit for Landlord's approval, which approval Landlord will not unreasonably withhold or delay, complete and detailed plans and specifications for such restoration. Promptly after receiving Landlord's approval of the date hereof plans and specifications, Tenant will be the property of Landlord begin such restoration and will remain on prosecute the repairs and be surrendered rebuilding to completion with the Premises at the termination of this Lease provideddiligence, subject, however, that except to strikes, lockouts, acts of God, embargoes, governmental restrictions, and other causes beyond Tenant's reasonable control. Landlord will make available to Tenant the net proceeds of any Award paid to Landlord for such restoration, after deduction of any costs of collection, including attorneys' fees. Payment will be made against properly certified vouchers of a competent architect in charge of the work being performed under and approved by Landlord. Prior to commencing the Work Agreementrestoration, Tenant shall removedeliver to Landlord for Landlord's approval a schedule setting forth the estimated monthly draws for such work. Landlord may, at Landlord’s optionhowever, all alterations, additions withhold ten percent (10%) from each payment until the work of restoration is completed and proof has been furnished to Landlord that no lien or improvements liability has attached or will attach to the Premises made Leased Property or to Landlord in connection with such restoration. Upon the completion of restoration and the furnishing of such proof, the balance of the Award will be paid to Tenant. Tenant will obtain and deliver to Landlord a temporary or final certificate of occupancy before the Leased Property is reoccupied for Tenant after the date hereof and any purpose. Tenant shall pay to Landlord to restore complete such restoration free and clear of mechanic's or other liens, and in accordance with the Premises to building codes and all applicable laws, ordinances, regulations, or orders of any state, municipal, or other public authority affecting the Premises’ original condition. Notwithstanding the foregoingrestoration, and also in the event that Landlord gives its consent, pursuant to the provisions of this Section 14, to allow Tenant to make an alteration in the Premises after the date hereof, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the same time accordance with all requirements of the giving of such consent whether Landlord will require Tenantinsurance rating organization, at Tenant’s cost, to remove such alteration at the end or similar body. Any remaining proceeds of the Lease Term. In addition, in the event that Landlord’s consent to an alteration by Tenant is not necessary under Section 14, Landlord agrees, promptly Award after Tenant notifies Landlord in writing of the alteration that Tenant intends to make, to notify Tenant in writing whether Landlord such restoration will require be Tenant, at Tenant’s cost, to remove such alteration at the end of the Lease Term's property.

Appears in 1 contract

Samples: Master Agreement to Lease (Wackenhut Corrections Corp)

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