Common use of Specialty Alterations Clause in Contracts

Specialty Alterations. At any time during the Lease Term, Tenant may remove any of “Tenant’s Property” (as that term is defined in Section 15.2 below) located in the Premises. Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Specialty Alterations and to repair any damage to the Premises, Building, and Project and return the affected portion of the Premises to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement (or at the time of Landlord’s approval of the “Final Space Plan” or the “Final Working Drawings” (as defined in the Work Letter)), Landlord shall notify Tenant whether the applicable Alteration or Improvement constitutes a Specialty Alteration that will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete any required removal and/or to repair any damage caused by the required removal of any Specialty Alterations, and return the affected portion of the Premises to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord, Landlord may do so and may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, “Specialty Alterations” shall mean any Alteration or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the Commercial Kitchen, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of the Premises to non-office usage (such as classrooms, the Bicycle Improvements installed by Tenant in the Tenant Bicycle Storage Area or the Commercial Kitchen), (vi) are located in Common Areas (such as, Tenant’s Off-Premises Equipment), or (vii) are otherwise expressly required to be removed pursuant to the terms of this Lease. An open ceiling will not be considered a Specialty Alteration.

Specialty Alterations. At Tenant shall have the right, at any time during the Lease Term, Tenant may remove any of “Tenant’s Property” (as that term is defined in Section 15.2 below) located in the Premises. Landlord may, by written notice to Tenant prior to the end completion of the Improvements for each portion of the Premises, to provide notice to Landlord pursuant to the TCCs of Section 29.18 of the Lease Term, (either in the notices provided pursuant to Section 3.3 or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, 3.4 above or pursuant to remove any a separate notice) (a “Specialty Alterations and to repair any damage to the PremisesNotice”), Building, and Project and return the affected portion of the Premises to the condition existing prior to the installation of which such Specialty Alteration as reasonably determined by Landlord; provided; however, that notwithstanding Alterations Notice shall include a request to be notified whether the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement Improvements set forth in such Specialty Alterations Notice (or at the time of Landlord’s approval of the “Final Space Plan” or the “Final Working Drawings” (as defined in the Work Letter))any portion thereof) constitute Specialty Alterations. If Tenant submits such Specialty Alterations Notice, Landlord shall notify Tenant whether the applicable Alteration any portion of the Improvements set forth on such Specialty Alterations Notice (or Improvement constitutes a any portion thereof) constitute Specialty Alteration that will be required to be removed Alterations. Landlord shall advise Tenant within ten (10) business days after Tenant’s delivery of the Specialty Alterations Notice pursuant to the TCCs of Section 29.18 whether the Improvements set forth in such Specialty Alterations Notice (or any portion thereof) constitute Specialty Alterations. If Landlord fails to respond to any Specialty Alterations Notice within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second Specialty Alterations Notice, which second Specialty Alterations Notice must state the following in bold and capped font: “LANDLORD FAILED TO RESPOND TO TENANT’S FIRST NOTICE EXHIBIT B-13- REQUESTING TO BE INFORMED WHETHER THE IMPROVEMENTS SET FORTH ON THE SPECIALTY ALTERATIONS NOTICE (OR ANY PORTION THEREOF) CONSTITUTE SPECIALTY ALTERATIONS UNDER THE LEASE. IF LANDLORD FAILS TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS FOLLOWING TENANT’S DELIVERY OF THIS NOTICE PURSUANT TO THE TCCs OF SECTION 29.18 OF THE LEASE, THE IMPROVEMENTS SET FORTH ON THE SPECIALTY ALTERATIONS NOTICE SHALL BE DEEMED NOT TO BE SPECIALTY ALTERATIONS FOR PURPOSES OF THE LEASE.” If Tenant’s second notice complies with the terms of this Section 8.5. If Tenant fails and Landlord’s failure to complete any required removal and/or to repair any damage caused by the required removal of any Specialty Alterations, and return the affected portion respond continues for five (5) business days after Tenant’s delivery of the Premises to the condition existing prior to the installation of such second Specialty Alteration as reasonably determined by Landlord, Landlord may do so and may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, “Specialty Alterations” shall mean any Alteration or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the Commercial Kitchen, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of the Premises to non-office usage (such as classrooms, the Bicycle Improvements installed by Tenant in the Tenant Bicycle Storage Area or the Commercial Kitchen), (vi) are located in Common Areas (such as, Tenant’s Off-Premises Equipment), or (vii) are otherwise expressly required to be removed Alterations Notice pursuant to the terms TCCs of this Section 29.18, the Improvements set forth on the Specialty Alterations Notice shall be deemed not to be Specialty Alterations for purposes of the Lease. An open ceiling will not be considered a Specialty Alteration.

Specialty Alterations. At any time during the Lease Term(e) (f) Tenant shall, Tenant may remove any of “at Tenant’s Property” sole cost and expense, remove from the Building (as that term is defined in Section 15.2 below) located in including the Premises. Landlord may, by written notice to Tenant ) prior to the end of the Lease Term, Expiration Date (or given following not later than thirty (30) days after any earlier termination of this Lease): (I) any and all Alterations located outside of the Premises (if any), require and all kitchens, vaults, safes, shower facilities, fitness centers, private or executive restrooms, reinforced flooring, raised flooring (provided that Tenant shall not be required to remove and restore raised flooring at the end of the Term so long as the same shall then be in good condition, ordinary wear and tear excepted), floor penetrations, stone flooring, structural reinforcements, auditoria, dumbwaiters, conveyors, main frame computer centers, libraries, electrical and telecommunications risers (and all related gear and equipment), conduits and lines, supplemental HVAC equipment (including chillers), back-up energy supply systems, generators, fuel tanks and UPS (and all related gear and equipment) and any internal staircases, installed by or on behalf of Tenant after the date of this Lease (the items described in this clause (I) are referred to herein as “Specialty Alterations”), and (II) in addition to the Specialty Alterations, items installed by or on behalf of Tenant after the date of this Lease which are unusually expensive to demolish or remove (including, without limitation, beam cuts, slab cuts and/or restorations and floor openings) as reasonably determined by Landlord (the items described in this clause (II) are referred to herein as “Additional Specialty Alterations”); provided, however, that if Landlord notifies Tenant in writing prior to the Expiration Date or such earlier date upon which the term of this Lease shall expire that Landlord desires all or any of such Specialty Alterations and/or Additional Specialty Alterations to remain in the Premises, then any such items designated in such notice shall remain in the Premises and shall not be removed by Tenant. Tenant shall have the right, at by notice to Landlord given not more than nine (9) months prior to the Expiration Date, to request that Landlord identify any such Specialty Alterations and/or Additional Specialty Alterations which Landlord requires remain in the Premises on the Expiration Date, in which case Landlord shall so identify any such Specialty Alterations and/or Additional Specialty Alterations within thirty (30) days after Landlord’s receipt of such notice (it being agreed that Landlord shall not have the right to supplement such list of Specialty Alterations and/or Additional Specialty Alterations required to remain in the Premises thereafter, unless new Specialty Alterations and/or Additional Specialty Alterations shall thereafter be installed by or on behalf of Tenant). If Landlord fails to respond to Tenant’s expenserequest, then Tenant shall be required to remove all of such Specialty Alterations and/or Additional Specialty Alterations. Upon any removal of Specialty Alterations and to Additional Specialty Alterations, Tenant shall immediately and at its expense, (x) repair any damage to and restore the Building (excluding the Premises, Building, and Project and return the affected portion of the Premises ) to the condition existing prior to installation thereof, (y) repair and restore the installation of such Specialty Alteration as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent Premises to any Alteration or improvement core and shell in demolished condition and (or at the time of Landlord’s approval of the “Final Space Plan” or the “Final Working Drawings” (as defined in the Work Letter)), Landlord shall notify Tenant whether the applicable Alteration or Improvement constitutes a Specialty Alteration that will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete any required removal and/or to z) repair any damage caused by the required removal of any Specialty Alterations, and return the affected portion of the Premises to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord, Landlord may do so and may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, “Specialty Alterations” shall mean any Alteration or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the Commercial Kitchen, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems)due to such removal. For the avoidance of doubt if, (v) consist of the dedication of any material portion of the Premises to non-office usage (such as classrooms, the Bicycle Improvements installed by Tenant in the Tenant Bicycle Storage Area or the Commercial Kitchen), (vi) are located in Common Areas (such as, Tenant’s Off-Premises Equipment), or (vii) are otherwise expressly required to be removed pursuant to accordance with the terms of this Lease, Tenant shall be required to remove any internal staircases and restore the Premises, restoration shall include sealing the Floor and ceiling slabs in the areas from which the internal staircases were removed to their condition existing prior to installation, and if Tenant shall be required to remove any raised flooring system and restore the Premises, restoration shall include restoring the areas of the Floors to their condition existing immediately prior to such installation. An open ceiling will not Any dispute with respect to whether an Alteration constitutes an Additional Specialty Alteration shall be considered a Specialty Alterationdetermined by arbitration in accordance with Article 21.

Specialty Alterations. At any time during the Lease Term, Tenant may remove any of “"Tenant’s 's Property” " (as that term is defined in Section 15.2 below) located in the Premises. Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Specialty Alterations and to repair any damage to the Premises, Building, Premises and Project Building and return the affected portion of the Premises to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s 's request for Landlord’s 's consent to any Alteration or improvement (or at the time of Landlord’s 's approval of the “"Final Space Plan” " or the “"Final Working Drawings” " (as defined in the Work Letter)), Landlord shall notify Tenant whether the applicable Alteration or Improvement constitutes a Specialty Alteration that will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete any required removal and/or to repair any damage caused by the required removal of any Specialty Alterations, and return the affected portion of the Premises to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord, Landlord may do so and may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, “"Specialty Alterations” " shall mean any Alteration or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the Commercial Kitchenkitchens, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of the Premises to non-office usage (such as classrooms, the Bicycle Improvements installed by Tenant in the Tenant Bicycle Storage Area bicycle storage rooms or the Commercial Kitchen), (vi) are located in Common Areas (such as, Tenant’s Off-Premises Equipmentkitchens), or (viivi) are otherwise expressly required to can be removed pursuant to seen from outside the terms of this LeasePremises. An open ceiling will not be considered a Specialty Alteration.

Specialty Alterations. At Provided Tenant shall have requested such notice from Landlord pursuant to Tenant’s Specialty Alterations Notice given to Landlord with Tenant’s submission to Landlord, for Landlord’s approval, of Tenant’s plans and specifications meeting the requirements set forth in Section 14.01(b), Landlord, by notice given to Tenant at or prior to the time Landlord approves such plans and specifications, shall inform Tenant as to which Specialty Alterations depicted on such plans and specifications Landlord shall require Tenant to remove upon the Expiration Date. If Landlord shall give such notice, then Tenant, at Tenant’s expense, prior to the Expiration Date, or, in the case of an earlier termination of this Lease, within 15 days after such termination, shall remove the same from the Premises, shall repair and, if applicable, restore the portion of the Premises from which the same was removed to at least the condition existing prior to installation thereof, reasonable wear and tear excepted, and shall repair any damage to the Premises or to the Building due to such removal. If Tenant shall have failed to so request such notice from Landlord in a Tenant’s Specialty Alterations Notice given to Landlord by Tenant at the time Tenant submitted such plans and specifications in question to Landlord for Landlord’s approval, then Landlord shall be entitled to instruct Tenant at any time during prior to the Lease TermExpiration Date as to which Specialty Alterations must be removed by Tenant upon the Expiration Date, and Tenant may remove any of shall comply with such instructions. “Tenant’s PropertySpecialty Alterations Notice” means a notice given by Tenant to Landlord, accompanying the plans and specifications (as that term is defined meeting the requirements set forth in Section 15.2 below14.01(b)) located submitted by Tenant to Landlord for Landlord’s approval, stating in bold capital letters that such notice is being given pursuant to Section 14.07 of the Premises. Lease and that, pursuant to Section 14.07 of the Lease, Landlord may, by written notice is required to inform Tenant at or prior to the end of time it approves such plans and specifications as to which Specialty Alterations, depicted on such plans and specifications, Landlord shall require Tenant to remove prior to the Lease Term, Expiration Date or given within 15 days following any earlier termination of this Lease. “Specialty Alterations” means any and all Alterations located outside of the Premises (other than electrical and telecommunications risers and conduits and lines), require Tenantand all vaults, at cooking kitchens, subflooring structures and raised flooring systems, stone flooring (other than that existing in the Premises on the Commencement Date), structural reinforcements, auditoria, dumbwaiters, conveyors, mainframe computer centers, back-up energy supply systems, generators and fuel tanks, fuel lines and all equipment related to any back-up energy supply system, internal staircases, private lavatories, medical facilities, any structural work not typically undertaken in office space or that is unusually expensive to demolish or remove, including beam cuts, slab restorations and floor openings, and any other Alterations or improvements which are not customary for build-outs of tenants of first class office buildings in downtown Manhattan generally or are unusually expensive to demolish or remove. Notwithstanding anything contained herein to the contrary (including any response or lack of response by Landlord to any Tenant’s expense, to remove any Specialty Alterations and to repair any damage Notice), the following Alterations must be removed by Tenant prior to the PremisesExpiration Date, Buildingor, in the case of any earlier termination of this Lease, within 15 days after such termination, and Project and return Tenant shall repair and, if applicable, restore the affected portion of the Premises from which the same were removed to at least the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord; provided; howeverthereof, that notwithstanding the foregoingreasonable wear and tear excepted, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement (or at the time of Landlord’s approval of the “Final Space Plan” or the “Final Working Drawings” (as defined in the Work Letter)), Landlord and shall notify Tenant whether the applicable Alteration or Improvement constitutes a Specialty Alteration that will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete any required removal and/or to repair any damage caused by the required removal of any Specialty Alterations, and return the affected portion of to the Premises or the Building due to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord, Landlord may do so and may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, “Specialty Alterations” shall mean any Alteration or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which removal: (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems)internal staircases, (ii) consist any Alterations located outside of the installation of a raised flooring systemPremises (other than electrical and telecommunications risers and conduits and lines), (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, vaults and (iv) involve material plumbing connections stone flooring (such as, for example but not by way of limitation, the Commercial Kitchen, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of other than existing in the Premises to non-office usage (such as classroomson the Commencement Date). Notwithstanding the foregoing, the Bicycle Improvements installed by Tenant in the Tenant Bicycle Storage Area or the Commercial Kitchen), (vi) are located in Common Areas (such as, Tenant’s Off-Premises Equipment), or (vii) are otherwise expressly shall not be required to be removed pursuant remove upon the Expiration Date any Specialty Alterations made by Landlord prior to the terms of this Lease. An open ceiling will not be considered a Specialty AlterationCommencement Date.

Specialty Alterations. At any the time during the Lease Term, Tenant may remove Landlord approves any of “Tenant’s Property” (as that term is defined in Section 15.2 below) located in the Premises. Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Specialty Alterations and to repair any damage to the Premises, Building, and Project and return the affected portion of the Premises to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement (or at the time of Landlord’s approval of the “Final Space Plan” or the “Final Working Drawings” (as defined in the Work Letter))Alterations, Landlord shall notify Tenant which of the subject Alterations, if any, constitute Specialty Alterations and whether the applicable Alteration or Improvement constitutes a Specialty Alteration that Tenant will be required to be removed pursuant to remove such Specialty Alterations at the terms of this Section 8.5. If Tenant fails to complete any required removal and/or to repair any damage caused by the required removal of any Specialty Alterations, and return the affected portion end of the Premises to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by LandlordTerm, Landlord may do so and may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of provided that Tenant shall survive include the expiration or earlier termination following legend in capitalized and bold type displayed prominently on the top of this Lease. As used hereinthe first page of Tenant’s notice delivered concurrently with such plans and specifications: “IF LANDLORD FAILS TO NOTIFY TENANT AT THE TIME LANDLORD APPROVES THESE PLANS AND SPECIFICATIONS THAT ANY ALTERATIONS SHOWN THEREON ARE SPECIALTY ALTERATIONS (AS DEFINED IN THE LEASE), LANDLORD MAY NOT REQUIRE TENANT TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE END OF THE TERM OF THE LEASE.” “Specialty Alterations” shall mean any Alteration structural modifications (excluding interior or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systemsinterconnecting stairs), (ii) consist of the installation of a raised flooring systemgyms or fitness centers, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office spacefull catering kitchens, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the Commercial Kitchen, saunas, showersadditional restrooms, and executive bathrooms outside of any other Alterations which are not standard office Alterations which in Landlord’s commercially reasonable judgment adversely affect the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion general utility of the Premises for use by prospective future tenants thereof and/or would require unusual expense to non-readapt the Premises to normal use as office usage (space. If Landlord fails to notify Tenant at the time Landlord approves any Alterations that such as classroomsAlterations have been deemed Specialty Alterations, the Bicycle Improvements installed by then Tenant in the Tenant Bicycle Storage Area or the Commercial Kitchen), (vi) are located in Common Areas (such as, Tenant’s Off-Premises Equipment), or (vii) are otherwise expressly shall not be required to be removed pursuant to remove such Alterations at the terms end of this Lease. An open ceiling will not be considered a Specialty Alterationthe Term.

Specialty Alterations. At any time All fixtures, equipment, improvements, ventilation and air-conditioning equipment and appurtenances attached to or built into the Premises at the commencement of or during the Lease Termterm of this Lease, whether or not by or at the expense of Tenant may remove any of “(but excluding Tenant’s Property” (as that term is defined in Section 15.2 below) located in ), shall be and remain a part of the Premises. Landlord may, by written notice to Tenant prior to shall, upon the end of the Lease Term, expiration or given following any earlier sooner termination of this Lease, require be deemed the property of Landlord (without representation or warranty by Tenant) and shall not be removed by Tenant, at Tenant’s expenseexcept as provided in this Section 8.7. Notwithstanding the foregoing provisions, upon notice to Tenant no later than forty-five (45) days prior to the Expiration Date or upon reasonable notice with respect to such earlier date upon which the Lease Term shall expire, Landlord, subject to the provisions of the last sentence of this Section 8.7, may require Tenant to remove any Specialty Alterations and to repair any damage substantially to the Premises, Building, and Project and return the affected portion condition of the Premises raw space existing prior to their installation (but in no event to the condition existing prior to the installation of such Specialty Alteration as reasonably determined by Landlord; provided; howeverinstallation, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement (or at the time of Landlord’s approval of the “Final Space Plan” or the “Final Working Drawings” (as defined in the Work Letter)), Landlord shall notify Tenant whether the applicable Alteration or Improvement constitutes a Specialty Alteration that will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete any required removal and/or to repair any damage caused by the required removal of any Specialty Alterations, and return the affected portion of the Premises to unless the condition existing prior to the installation was raw space), any cooking kitchens, cafeterias, vaults, private restrooms (excluding, however, any unisex restrooms installed by Tenant to comply with the requirements of the ADA in lieu of renovating existing core bathrooms and any wiring or cabling installed by or on behalf of Tenant or any other Tenant Party), security areas, staircases, raised or above-slab reinforced flooring, slab cuts, generators, uninterrupted power supply systems and preaction fire alarm systems and associated equipment, high density file rooms, free-standing or floor mounted supplemental HVAC systems (but not those built into ceilings), or other items which are substantially as difficult or expensive to remove as any of the foregoing items enumerated in this sentence (herein collectively called “Specialty Alterations”). Notwithstanding the foregoing, in no event shall Tenant be required to remove any Specialty Alterations existing in the Premises on the Commencement Date. In such Specialty Alteration as reasonably determined by Landlord, Landlord may do so event Tenant shall remove the foregoing from the Premises and may charge the actual and reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating Building prior to the installationexpiration of this Lease at Tenant’s expense. Upon such removal Tenant shall, placementat its expense, removal or financing repair any damage to the affected portion(s) of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration Unit, the Common Elements or earlier termination of this Leasethe Building due to such removal. As used Notwithstanding anything to the contrary contained herein, “Specialty Alterations” shall mean any Alteration or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which : (i) perforate, penetrate or Tenant may include with any Alterations request a written request that Landlord designate any Alterations that constitute Specialty Alterations and which Landlord will require reinforcement Tenant to remove pursuant to the provisions of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), this Section 8.7 and (ii) consist of Landlord shall not have the installation of a raised flooring systemright to require Tenant to remove any Specialty Alterations not so designated by Landlord at such time (provided, however, that any internal staircase connecting the thirty-second (iii32nd) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the Commercial Kitchen, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion floor of the Premises to non-office usage (such as classrooms, the Bicycle Improvements 31st Floor Premises and the slab cuts relating thereto installed by on behalf of Tenant in shall be deemed Specialty Alterations with respect to which Tenant shall be required to remove and restore). Any such request made by Tenant must specifically refer to the Tenant Bicycle Storage Area or provisions of this Section 8.7 and the Commercial Kitchen), (vi) are located in Common Areas (consequences of Landlord’s failure to designate any such as, Tenant’s Off-Premises Equipment), or (vii) are otherwise expressly Alterations as Specialty Alterations which will be required to be removed pursuant by Tenant. Landlord shall not have the right to require Tenant to remove Specialty Alterations (A) which are already in place as of the terms Commencement Date or (B) which Landlord does not require Tenant to remove in accordance with the second sentence of this Lease. An open ceiling will not be considered a Specialty AlterationSection 8.7.

Specialty Alterations. At “Specialty Alterations” shall mean Alterations consisting of kitchens (but not standard office pantries), raised or structurally reinforced floors, vaults, structurally reinforced filing systems, internal staircases (provided, that one internal staircase in the Premises shall not constitute a Specialty Alteration, but any time during additional internal staircase shall constitute a Specialty Alteration), dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems, any slab penetrations or expansion of an existing slab penetrations, removal of slabs to construct double height ceilings, any Alteration to the Lease core bathrooms (but not any additional bathrooms installed in the Premises), any other Alterations which affect the structural elements of the Building, and any other Alterations which are not customary for general office use in Comparable Buildings. Specialty Alterations shall not include any vertical or horizontal telecommunications or data wiring and cabling located within the Premises. Prior to the expiration or earlier termination of the Term, Tenant may remove any of “Tenant’s Property” (as that term is defined in Section 15.2 below) located in the Premises. Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenantshall, at Tenant’s cost and expense, to remove any Specialty Alterations and to Alteration, repair any damage to the PremisesPremises or the Building due to such removal, Buildingcap all electrical, plumbing and Project waste disposal lines in accordance with sound construction practice if required as a result of such removal and return restore the affected portion area of the Premises to the condition existing prior to the installation making of such Specialty Alteration as reasonably determined by Landlord; provided; howeverAlteration, that notwithstanding the foregoingreasonable wear and tear excepted and, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement (or at the time of Landlord’s approval of the “Final Space Plan” or the “Final Working Drawings” (as defined in the Work Letter))if applicable, Landlord shall notify Tenant whether the applicable Alteration or Improvement constitutes a Specialty Alteration that will be required to be removed pursuant subject to the terms of Articles 11 and 14. All removal and restoration work performed by Tenant pursuant to this Section 8.58.01(iii) shall be performed in accordance with plans and specifications first approved by Landlord (to the extent such approval is required pursuant to the provisions of this Article 8), which approval, if required, shall be granted or withheld in accordance with the provisions of Section 8.01(i) of this Lease, and all applicable terms, covenants, and conditions of this Lease. If Tenant fails to complete any required removal and/or to repair any damage caused by the required removal Landlord’s insurance premiums increase as a result of any Specialty Alterations, and return the affected portion Tenant shall pay each such increase each year as Additional Rent within thirty (30) days after Tenant’s receipt of a xxxx therefor from Landlord, provided that Landlord shall have provided reasonable evidence of the Premises to the condition existing prior to the installation of causal relationship 7 between such Specialty Alteration as reasonably determined by Landlord, Landlord may do so Alterations and may charge the actual and reasonable cost thereof to Tenantsuch increased premiums. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim The provisions of lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant this Section 8.01(iii) shall survive the expiration or earlier termination of this Lease. As used herein, “Specialty Alterations” shall mean any Alteration or Improvement that is not a normal and customary general office improvement, including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, the Commercial Kitchen, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of the Premises to non-office usage (such as classrooms, the Bicycle Improvements installed by Tenant in the Tenant Bicycle Storage Area or the Commercial Kitchen), (vi) are located in Common Areas (such as, Tenant’s Off-Premises Equipment), or (vii) are otherwise expressly required to be removed pursuant to the terms of this Lease. An open ceiling will not be considered a Specialty Alteration.