Common use of Restoration of Premises Clause in Contracts

Restoration of Premises. Lessee shall conduct all operations on the Leased Premises in such a manner as not to unreasonably damage the portion of the Leased Premises where there will be no mining operations. Lessee shall conduct all operations in such a manner as to observe and comply with all Laws applicable to the Leased Premises and all Laws applicable to the conduct of Lessee’s operations. Lessee expressly agrees to dispose of all tailings and other mining wastes in accordance with all applicable Laws and shall reclaim all of disturbed perimeter portions of any lakes created by mining such that those perimeter portions shall be left at a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the Lease Agreement. By the expiration or earlier termination of the term of this Lease Agreement, Lessee shall grade that portion of the Leased Premises which has been excavated by Lessee or on which Lessee has conducted operations so as to eliminate all unreasonable irregularities therein and so that such portion of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area with sand, clay, or topsoil, or a mixture of any of the foregoing, from the resources then existing on the Leased Premises, and shall thereafter reseed the surface with a seed mixture approved by Lessor. Notwithstanding the foregoing, in no event shall Lessee be required to import any Materials, including but not limited to, sand, clay, or topsoil from off-site for purposes of complying with its restoration obligations in this Section 15. Should this obligation not be met by the end of the term of this Lease Agreement, it shall nevertheless survive and continue beyond the term of this Lease Agreement and shall be an obligation owed by Lessee to Lessor. This obligation is owed by Lessee in addition to any other obligation imposed upon Lessee by this Lease Agreement.

Appears in 2 contracts

Samples: Lease Agreement (Vista Proppants & Logistics Inc.), Lease Agreement (Vista Proppants & Logistics Inc.)

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Restoration of Premises. Lessee All furniture, furnishings and movable fixtures and removable partitions installed by Tenant must be removed from the Premises by Tenant, at Tenant's expense, prior to 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 conduct all operations on become the Leased Premises in such a manner as not to unreasonably damage property of Landlord upon the portion Expiration Date or earlier end of the Leased Term or any renewal thereof, and shall not be removed from the Premises where there will be no mining operations. Lessee shall conduct all operations in such a manner as by Tenant unless Landlord, at Landlord's option by notice to observe and comply with all Laws applicable Tenant prior to the Leased Expiration Date, elects to have them removed from the Premises and all Laws applicable by Tenant, in which event the same shall be removed from the Premises by Tenant, at Tenant's expense, on or prior to the conduct 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. Notwithstanding the foregoing, Tenant may, at the time of Lessee’s operationsits initial submission of plans and specifications showing proposed Alterations to Landlord for Landlord's review and approval, request in writing that Landlord waive its right to compel Tenant to remove the Alterations identified on such plans and specifications. Lessee expressly agrees If Landlord waives such right to dispose compel Tenant to remove such Alterations, in whole or in part, Landlord shall notify Tenant at the time of all tailings the approval of such plans and other mining wastes specifications of those Alterations which Tenant may be required to remove in accordance with all applicable Laws and shall reclaim all the terms of disturbed perimeter portions this Article prior to the expiration of any lakes created by mining such that those perimeter portions shall be left at the Term or upon the occurrence of a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the this Lease Agreement. By and Tenant shall, upon the expiration of the Term or upon such termination, unless instructed otherwise by Landlord, be required to remove only such Alterations specified in Landlord's notice. Notwithstanding anything to the contrary contained herein, Landlord hereby agrees to waive Tenant's restoration obligation with respect to any Alterations that are customary in nature for office installations and which shall not cause Landlord to incur extraordinary demolition expenses at the end of the Term hereof (by means of illustration only, customary office installations shall mean built-in bookcases and kitchen pantry, but not an internal staircase or raised flooring). Any of such Alterations or other property except for cash or cash equivalents not so removed by Tenant at or prior to the Expiration Date or earlier termination of the term Term shall become the property of this Lease AgreementLandlord, Lessee but nothing herein shall grade that portion be deemed to relieve Tenant of responsibility for the Leased Premises which has been excavated by Lessee or on which Lessee has conducted operations so as to eliminate all unreasonable irregularities therein and so that such portion cost of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area with sand, clay, or topsoil, or a mixture removal of any of the foregoing, from the resources then existing on the Leased Premises, and shall thereafter reseed the surface with a seed mixture approved by Lessorsuch Alterations or other property which Tenant is obligated to remove hereunder. Notwithstanding the foregoing, in no event shall Lessee be required Tenant may, at the time that Tenant submits plans for any Alterations including Tenant's Initial Alterations for Landlord's approval, request that Landlord waive Tenant's obligation to import any Materials, including but not limited to, sand, clay, or topsoil from off-site for purposes of complying with its restoration obligations in this Section 15. Should this obligation not be met by remove such Alterations at the end of the term of this Lease Agreement, it shall nevertheless survive and continue beyond the term of this Lease Agreement and shall be an obligation owed by Lessee to Lessor. This obligation is owed by Lessee in addition to any other obligation imposed upon Lessee by this Lease AgreementTerm.

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

Restoration of Premises. Lessee (a) The parties hereto mutually agree that if the Premises are partially or totally destroyed or damaged by fire or otherwise, then Landlord (subject to being able to obtain all necessary permits and approvals therefor) shall conduct all operations on repair and restore the Leased Premises as soon as is reasonably practicable to substantially the same condition in which the Premises existed before such damage; provided that if the insurance proceeds collected or collectible and available to Landlord to pay the cost of such repairs and restorations by Landlord as a manner consequence of such destruction or damage are less than the cost of such repairs and restoration as estimated by Landlord's architect, Landlord shall not be obligated to unreasonably damage commence or perform such repairs and restorations, and this Lease upon notice by Landlord to Tenant shall at the portion option of Landlord terminate unless Tenant undertakes (in form and upon terms satisfactory to Landlord) to pay the Leased difference between such estimated cost and such insurance proceeds. If, however, the Premises where there will are completely destroyed or so damaged that Landlord cannot reasonably restore or rebuild in four (4) months to substantially the same condition in which the Premises were before such damage, then Landlord shall not be no mining operations. Lessee shall conduct all operations in such a manner as required to observe rebuild or restore, and comply with all Laws applicable to the Leased Premises and all Laws applicable to the conduct of Lessee’s operations. Lessee expressly agrees to dispose of all tailings and other mining wastes in accordance with all applicable Laws and shall reclaim all of disturbed perimeter portions of any lakes created by mining such that those perimeter portions this Lease shall be left at a slope no steeper than four feet horizontal to one foot vertical terminable by Landlord serving written notice upon Tenant. In any event, if repairs have not been commenced within three sixty (360) months of termination of days after the date on which Landlord receives the insurance proceeds, this Lease Agreement. By may be terminated by Tenant serving notice upon Landlord following the expiration or earlier termination of the term such sixty (60) days by giving Landlord not less than thirty (30) days' advanced written notice of this Lease Agreementsuch election, Lessee shall grade that portion of the Leased Premises which has been excavated by Lessee or on which Lessee has conducted operations so as to eliminate all unreasonable irregularities therein and so that such portion of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area with sand, clay, or topsoil, or a mixture of any of the foregoing, from the resources then existing on the Leased Premises, and shall thereafter reseed the surface with a seed mixture approved by Lessor. Notwithstanding the foregoing, but in no event shall Lessee be required to import any Materials, including but not limited to, sand, clay, or topsoil from off-site for purposes of complying with its restoration obligations in this Section 15. Should this obligation not be met by the end of the term of may Tenant terminate this Lease Agreement, it shall nevertheless survive and continue beyond the term of this Lease Agreement and shall be an obligation owed after such repairs have been commenced by Lessee to Lessor. This obligation is owed by Lessee in addition to any other obligation imposed upon Lessee by this Lease AgreementLandlord.

Appears in 1 contract

Samples: Center Lease (Headliners Entertainment Group, Inc.)

Restoration of Premises. Lessee shall conduct All furniture, furnishings, fixtures, equipment, movable fixtures, removable partitions and all operations on other personal property (collectively, "Tenant's Personalty") installed or brought onto the Leased Premises in such a manner as not to unreasonably damage by Tenant must be removed from the portion of the Leased Premises where there will be no mining operations. Lessee shall conduct all operations in such a manner as to observe and comply with all Laws applicable by Tenant, at Tenant's expense, prior to the Leased Premises and all Laws applicable to the conduct of Lessee’s operations. Lessee expressly agrees to dispose of all tailings and other mining wastes in accordance with all applicable Laws and shall reclaim all of disturbed perimeter portions of any lakes created by mining such that those perimeter portions shall be left at a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the Lease Agreement. By the expiration Expiration Date or earlier termination of the term Term. 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 this Lease Agreement, Lessee shall grade that portion Landlord upon the Expiration Date or earlier end of the Leased Premises which has been excavated by Lessee Term or on which Lessee has conducted operations so as to eliminate all unreasonable irregularities therein and so that such portion of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area with sand, clay, or topsoil, or a mixture of any of the foregoing, from the resources then existing on the Leased Premisesrenewal thereof, and shall thereafter reseed not be removed from the surface with a seed mixture approved Premises by LessorTenant 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 same shall be removed from the Premises by Tenant, at Tenant's expense, prior to the Expiration Date or earlier termination of the Term. Notwithstanding the foregoingforegoing to the contrary, in no event shall Lessee Tenant be required to import remove any MaterialsAlterations in and to the Premises made by Landlord as part of Landlord's Initial Construction or subsequently made by Landlord or Tenant that are "Building Standard" (as hereinafter defined in nature); nor shall Tenant be required to remove any other Alterations, including but whether or not limited toBuilding Standard in nature, sandunless such Alterations would be unusually difficult or costly to remove (as reasonably determined by Landlord), clayincluding, without limitation, any mantraps or topsoil from off-site other specialty installations used to guard against theft or invasion, safes, floor enforcements required for purposes Tenant's safes, kitchen exhaust and fire suppression systems and any internal stairwells or other floor penetrations (collectively, "Specialty Alterations"). The Specialty Alterations being performed as part of complying with its restoration obligations in Landlord's Initial Construction that Tenant shall be obligated to remove pursuant to this Section 15. Should this obligation not be met subsection B are identified on Exhibit 4 annexed hereto and made a part hereof by the end words "Yes" in the column titled "Remove". Tenant may, at the time that Tenant submits plans for any Alterations for Landlord's acceptance, request that Landlord identify any Specialty Alterations shown on such plans and in such event Landlord shall promptly designate the same. In the event Landlord elects to have Tenant remove any Specialty Alterations, Tenant shall repair in a good and workmanlike manner any damage to the Premises or the Building caused by the removal of such Specialty Alterations or any of Tenant's Personalty. Any Specialty Alterations Tenant is obligated to remove or any of Tenant's Personalty remaining on the Premises after the Expiration Date or earlier termination of the term of this Lease Agreement, it shall nevertheless survive and continue beyond the term of this Lease Agreement and Term shall be an obligation owed deemed conclusively abandoned and may, at the election of Landlord, either be retained as Landlord's property or be removed by Lessee Landlord, and Tenant shall reimburse Landlord for the cost of removing the same, for the repair of damage caused by such removal and for restoring the Premises as required hereunder, but nothing herein shall be deemed to Lessor. This obligation relieve Tenant of its responsibility to remove any such Specialty Alterations or any of Tenant's Personalty which Tenant is owed by Lessee in addition obligated to any other obligation imposed upon Lessee by this Lease Agreementremove at Landlord's election hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Lazare Kaplan International Inc)

Restoration of Premises. Lessee All furniture, furnishings and movable fixtures and removable partitions installed by Tenant must be removed from the Premises by Tenant, at Tenant's expense, on or prior to 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 conduct all operations on become the Leased Premises in such a manner as not to unreasonably damage property of Landlord upon the portion Expiration Date or earlier end of the Leased Term or any renewal thereof, and shall not be removed from the Premises where there will be no mining operations. Lessee shall conduct all operations in such a manner as by Tenant unless Landlord, at Landlord's option, by notice to observe and comply with all Laws applicable Tenant, prior to the Leased Expiration Date, elects to have them removed from the Premises by Tenant, in which event the same shall be removed from the Premises by Tenant, at Tenant's expense, on or prior to the Expiration Date, but Tenant shall not be obligated to remove (a) typical office installations only (no raised floor(s), vault(s), etc.), and (b) any Alterations installed unless Tenant requests in writing from Landlord whether the same shall be required to be removed from the Premises and all Laws applicable Landlord notifies Tenant, at the time Landlord reviews the plans and specifications therefore, that such Alterations will have to be removed upon the expiration of the Term, or (c) Tenant's Initial Alteration (except for non-typical office installations [i.e., safes, pantries and raised flooring], provided, however, Tenant shall be required to pay for the cost of removal of such raised flooring provided Landlord, within six (6) months from the Expiration Date determines, in its reasonable discretion, that such raised flooring be removed for the occupancy of a future tenant of the Premises and Landlord so notifies Tenant of its intention to do so and Landlord commences such removal within sixty (60) days from the date of Landlord's notice to Tenant.) 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 conduct Premises or the Building caused by such removal. Any of Lessee’s operations. Lessee expressly agrees such Alterations or other property not so removed by Tenant at or prior to dispose of all tailings and other mining wastes in accordance with all applicable Laws and shall reclaim all of disturbed perimeter portions of any lakes created by mining such that those perimeter portions shall be left at a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the Lease Agreement. By the expiration Expiration Date or earlier termination of the term Term shall become the property of this Lease AgreementLandlord, Lessee but nothing herein shall grade that portion be deemed to relieve Tenant of responsibility for the Leased Premises which has been excavated by Lessee or on which Lessee has conducted operations so as to eliminate all unreasonable irregularities therein and so that such portion cost of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area with sand, clay, or topsoil, or a mixture removal of any of the foregoing, from the resources then existing on the Leased Premises, and shall thereafter reseed the surface with a seed mixture approved by Lessorsuch Alterations or other property which Tenant is obligated to remove hereunder. Notwithstanding the foregoing, in no event shall Lessee be required to import any Materials, including but not limited to, sand, clay, or topsoil from off-site for purposes of complying with its restoration obligations in this Section 15. Should this obligation not be met by the end of the term of this Lease Agreement, it shall nevertheless survive and continue beyond the term of this Lease Agreement and shall be an obligation owed by Lessee to Lessor. This obligation is owed by Lessee in addition to any other obligation imposed upon Lessee by this Lease Agreement.Notwithstanding

Appears in 1 contract

Samples: Agreement of Lease (Women Com Networks Inc)

Restoration of Premises. Lessee shall conduct all operations on the Leased Premises in such a manner as not to unreasonably damage the portion All of the Leased Premises where there will be no mining operationsTenant Improvements (and/or any other items purchased using the Tenant Improvement Allowance), whether temporary or permanent in character, shall become part of the Property and Landlord's property. Lessee shall conduct all operations in At Landlord's sole election, made at the time it approves the Approved Working Drawings if Tenant’s express written request requires such a manner as to observe and comply with all Laws applicable to the Leased Premises and all Laws applicable to the conduct of Lessee’s operations. Lessee expressly agrees to dispose of all tailings and other mining wastes election in accordance with all applicable Laws and shall reclaim this Paragraph 6, any or all of disturbed perimeter portions of any lakes created by mining such that those perimeter portions the Tenant Improvements shall be left removed by Tenant from the Property at a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the Lease Agreement. By the expiration or earlier sooner termination of the term of this Lease Agreement, Lessee and the Property shall grade that portion of the Leased Premises which has been excavated be restored by Lessee or on which Lessee has conducted operations so as Tenant to eliminate all unreasonable irregularities therein and so that such portion of the Leased Premises which has been excavated by Lessee conforms their condition prior to the drawing set forth on Exhibit C attached hereto. Upon completion making of the required gradingsuch Tenant Improvements, Lessee ordinary wear and tear excepted; provided, however, that Tenant shall cover such area with sand, clay, or topsoil, or a mixture of any of the foregoing, from the resources then existing on the Leased Premises, and shall thereafter reseed the surface with a seed mixture approved by Lessor. Notwithstanding the foregoing, in no event shall Lessee not be required to import remove any Materialselement of the Tenant Improvements that constitute Ordinary Office Improvements. Upon Tenant’s express written request making specific reference to this Paragraph 6, including but not limited to, sand, clay, or topsoil from off-site for purposes Landlord shall advise Tenant at the time of complying with its restoration obligations in this Section 15. Should this obligation Landlord's approval of Approved Working Drawings whether Landlord deems a component of the Tenant Improvements to not be met by an "Ordinary Office Improvement" and, if so, whether Landlord will require the end removal of component of the term Tenant Improvements and restoration of the Property to its previous condition at the expiration or sooner termination of this Lease AgreementLease. Landlord's failure to expressly require such removal shall waive Landlord's right to make its foregoing election with respect to such component of the Tenant Improvements; provided, it however, if Xxxxxx believes that Landlord's advice to Tenant pursuant to this Paragraph 6 is incomplete or ambiguous, then at Tenant's request Landlord shall nevertheless survive resolve such matter in a follow-up notice to Tenant. The removal of any component of the Tenant Improvements and continue beyond the term restoration of this Lease Agreement and the Property shall be an obligation owed performed by Lessee to Lessor. This obligation is owed a general contractor selected by Lessee Xxxxxx and approved by Landlord, in addition to any other obligation imposed upon Lessee by this Lease Agreementwhich event Tenant shall pay the general contractor's fees and costs in connection with such work.

Appears in 1 contract

Samples: Lease (Gigamon Inc.)

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Restoration of Premises. Lessee If this Lease is not terminated as to the entire Premises by reason of any Condemnation, Tenant shall conduct repair any damage to the Premises caused by such Condemnation, and all operations on condemnation proceeds (net of any actual out-of-pocket costs incurred by Landlord in connection with such condemnation) will be made available to the Leased Premises Tenant for application to the cost of repair, which proceeds shall be deposited in such an escrow with a third party for distribution in the same manner as a construction loan. If the condemnation proceeds (net of any actual out-of-pocket costs incurred by Landlord in connection with such condemnation) are not sufficient to unreasonably damage pay all of the repair costs, then, subject to the last sentence of this Paragraph 13.4, Tenant shall pay the excess costs. All proceeds (net of any actual out-of-pocket costs incurred by Landlord in connection with such condemnation), shall first be used for items of repair having a useful life that extends beyond the Term (including the term of any options which Tenant may have the right to exercise), and, if such proceeds are insufficient to fully pay for such items of repair, the balance of the remaining cost of such items of repair (the “Remaining Balance”) shall be divided between Tenant and Landlord as follows: Tenant shall be obligated to pay the portion of the Leased Premises where there will be no mining operations. Lessee shall conduct all operations in such a manner as to observe and comply with all Laws applicable Remaining Balance which bears the same ratio to the Leased Premises and all Laws applicable to Remaining Balance as the conduct of Lessee’s operations. Lessee expressly agrees to dispose of all tailings and other mining wastes in accordance with all applicable Laws and shall reclaim all of disturbed perimeter portions of any lakes created by mining such that those perimeter portions shall be left at a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the Lease Agreement. By the expiration or earlier termination of the remaining term of this Lease Agreement, Lessee shall grade that portion of the Leased Premises which has been excavated by Lessee or on which Lessee has conducted operations so (as to eliminate all unreasonable irregularities therein and so that such portion of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area with sand, clay, or topsoil, or a mixture of any of the foregoing, from the resources then existing determined on the Leased Premises, Condemnation Date and shall thereafter reseed the surface with a seed mixture approved by Lessor. Notwithstanding the foregoing, in no event shall Lessee be required to import any Materials, including but not limited to, sand, clay, or topsoil from off-site for purposes of complying with its restoration obligations in this Section 15. Should this obligation not be met by the end of the term of this Lease Agreement, it shall nevertheless survive any options which the Tenant may have the right to exercise) bears to the reasonably anticipated useful life of such item of repair and continue beyond the term remainder of this Lease Agreement and the Remaining Balance shall be an obligation owed paid by Lessee to Lessor. This obligation is owed by Lessee in addition to any other obligation imposed upon Lessee by this Lease AgreementLandlord.

Appears in 1 contract

Samples: Apollo Group Inc

Restoration of Premises. Lessee All furniture, furnishings and movable fixtures and removable partitions installed by Tenant must be removed from the Premises by Tenant, at Tenant's expense, prior to 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 conduct all operations on become the Leased Premises in such a manner as not to unreasonably damage property of Landlord upon the portion Expiration Date or earlier end of the Leased Term or any renewal thereof, and shall not be removed from the Premises where there will be no mining operations. Lessee shall conduct all operations in such a manner as by Tenant unless Landlord, at Landlord's option by notice to observe and comply with all Laws applicable Tenant prior to the Leased Expiration Date, elects to have them removed from the Premises and all Laws applicable by Tenant, in which event the same shall be removed from the Premises by Tenant, at Tenant's expense, on or prior to the conduct 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. Notwithstanding the foregoing, Tenant may, at the time of Lessee’s operationsits initial submission of plans and specifications showing proposed Alterations to Landlord for Landlord's review and approval, request in writing that Landlord waive its right to compel Tenant to remove the Alterations identified on such plans and specifications. Lessee expressly agrees If Landlord waives such right to dispose compel Tenant to remove such Alterations, in whole or in part, Landlord shall notify Tenant at the time of all tailings the approval of such plans and other mining wastes specifications of those Alterations which Tenant may be required to remove in accordance with all applicable Laws and shall reclaim all the terms of disturbed perimeter portions this Article prior to the expiration of any lakes created by mining such that those perimeter portions shall be left at the Term or upon the occurrence of a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the this Lease Agreement. By and Tenant shall, upon the expiration of the Term or upon such termination, unless instructed otherwise by Landlord, be required to remove only such Alterations specified in Landlord's notice. Notwithstanding anything to the contrary contained herein, Landlord hereby agrees to waive Tenant's restoration obligation with respect to any Alterations that are customary in nature for office installations and which shall not cause Landlord to incur extraordinary demolition expenses at the end of the Term hereof (by means of illustration only, customary office installations shall mean built-in bookcases and kitchen pantry, but not raised flooring). Any of such Alterations or other property except for cash or cash equivalents (i.e., bonds, notes and securities) not so removed by Tenant at or prior to the Expiration Date or earlier termination of the term Term shall become the property of this Lease AgreementLandlord, Lessee but nothing herein shall grade that portion be deemed to relieve Tenant of responsibility for the Leased Premises which has been excavated by Lessee or on which Lessee has conducted operations so as to eliminate all unreasonable irregularities therein and so that such portion cost of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area with sand, clay, or topsoil, or a mixture removal of any of the foregoing, from the resources then existing on the Leased Premises, and shall thereafter reseed the surface with a seed mixture approved by Lessor. Notwithstanding the foregoing, in no event shall Lessee be required such Alterations or other property which Tenant is obligated to import any Materials, including but not limited to, sand, clay, or topsoil from off-site for purposes of complying with its restoration obligations in this Section 15. Should this obligation not be met by the end of the term of this Lease Agreement, it shall nevertheless survive and continue beyond the term of this Lease Agreement and shall be an obligation owed by Lessee to Lessor. This obligation is owed by Lessee in addition to any other obligation imposed upon Lessee by this Lease Agreementremove hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

Restoration of Premises. Lessee shall conduct all operations on the Leased Premises in such a manner as not to unreasonably damage the portion of the Leased Premises where there will be no mining operations. Lessee shall conduct all operations in such a manner as to observe and comply with all Laws applicable to the Leased Premises and all Laws applicable to the conduct of Lessee’s operations. Lessee expressly agrees to dispose of all tailings and other mining wastes in accordance with all applicable Laws and shall reclaim all of disturbed perimeter portions of any lakes created by mining such that those perimeter portions shall be left at a slope no steeper than four feet horizontal to one foot vertical within three (3) months of termination of the Lease Agreement. By the expiration or earlier termination of the term of this Lease Agreement, Lessee shall grade that portion of the Leased Premises which has been excavated by Lessee or on which Lessee has conducted operations and/or Vista Sand, the prior lessee of the Premises, so as to eliminate all unreasonable irregularities therein and so that such portion of the Leased Premises which has been excavated by Lessee conforms to the drawing set forth on Exhibit C attached hereto. Upon completion of the required grading, Lessee shall cover such area areas with sand, clay, or topsoil, or a mixture of any of the foregoing, from the resources then existing on the Leased Premises, and shall thereafter reseed the surface with a seed mixture approved by Lessor. Notwithstanding anything to the foregoingcontrary herein, in no event shall Lessee be required to import any Materials, including but not limited to, sand, clay, or topsoil from off-site for purposes of complying with its restoration obligations in this Section 15. Should this obligation not be met by the end of the term of this Lease Agreement, it shall nevertheless survive and continue beyond the term of this Lease Agreement and shall be an obligation owed by Lessee to Lessor. This obligation is owed by Lessee in addition to any other obligation imposed upon Lessee by this Lease Agreement.

Appears in 1 contract

Samples: Lease Agreement (Vista Proppants & Logistics Inc.)

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