Common use of Landlord’s Property Clause in Contracts

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, 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 Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 5 contracts

Samples: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

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Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and and, other than Tenant’s equipment, which shall remain Tenant’s sole property, shall be and become the property of Landlord; provided. Landlord may, however, 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 (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Above Standard Tenant Improvements,” as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing “Building Standard Tenant Improvements,” as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.. ARTICLE 9

Appears in 4 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and Tenant. Upon the expiration or early termination of the Lease Term, at Landlord’s election in its sole discretion, such Alterations, improvements, fixtures and/or equipment, or any of them, shall be and become the property of Landlord; provided, howeverexcept that Tenant shall retain ownership and be entitled to remove all fixtures and equipment paid for by Tenant’s own funds provided that Tenant repairs any damage to the Premises caused by such removal. Furthermore, Landlord may, by written notice to at the time of its approval of any such Alteration requested, require that Tenant prior to remove such Alterations, improvements, fixtures and/or equipment, or any of them, upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, 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 Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 4 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementssubject to Section 7.4, fixturesTenant, equipment and/or appurtenances which may be installed before the expiration or placed in or about the Premisesearlier termination hereof, from time to timeat its expense, and except as otherwise notified by Landlord, shall be at the sole cost of Tenant and remove any Tenant-Insured Improvements (other than any supplemental HVAC unit, which shall be and become the property of Landlord; providedgoverned by Section 25.5), however, 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 Alterations or improvements and to repair any resulting damage to the Premises or Building, and Building caused by such removal and return restore the affected portion of the Premises to their its configuration and condition existing prior to before the installation of such Alterations or improvements orTenant-Insured Improvements; provided, at Landlord’s electionhowever, to a building standard tenant improved condition that if the estimated cost of such work, as reasonably determined by Landlord; provided; however, that notwithstanding exceeds $60,000.00, then Tenant shall not be required to perform such work, but shall instead reimburse Landlord for the foregoingreasonable actual cost of such work, upon request not to exceed $60,000.00, within 30 days after receiving demand therefor together with reasonable documentation thereof. If Tenant fails to timely perform any work required to be performed by Tenant under the preceding sentence, Landlord may perform such work at the time of Tenant’s request for expense. If, when it requests Landlord’s consent to approval of any Alteration Tenant Improvements or improvementAlterations, Tenant specifically requests that Landlord shall notify identify any such Tenant whether the applicable Alteration Improvements or improvement Alterations that Landlord will be required require to be removed pursuant to the terms of this Section 8.58, Landlord shall do so (subject to Section 7.4) when it provides such approval. If Nothing herein shall be deemed to (a) transfer to Landlord ownership of any of Tenant’s trade fixtures, furniture, equipment or other personal property installed in the Premises (“Tenant’s Property”), or (b) prohibit Tenant fails to complete such removal and/or to repair any from removing Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the removal of any Alterations its installation or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 Leaseremoval.

Appears in 4 contracts

Samples: Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and remain the property of Tenant, but shall, upon the expiration or earlier termination of this Lease, become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior delivered at the time Landlord's consent to the end of the Lease Term, or given following any earlier termination of this LeaseAlteration was requested, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements such Alteration at the end of the Lease Term and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant's installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises. Notwithstanding the foregoing, which obligations of Tenant shall survive not be required to remove any alterations, improvements, fixtures, equipment, trade fixtures and/or appurtenances existing on the expiration or earlier termination of this LeaseLease Commencement Date. Tenant may remove equipment brought to the Premises by Tenant and not paid for by Landlord.

Appears in 4 contracts

Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Landlord consents to the end of the Lease Termsuch Alteration (or with respect to Alterations not requiring Landlord consent, or given following any earlier termination of this Leaseupon Tenant’s request for a determination), require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any of the Tenant Improvements upon the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease, Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to the provisions of Section 8.6, below) and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such removal, and returns the affected portion of the Building or the Premises to an as-improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days 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 Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations (including any Cosmetic Alterations), (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required deemed to be removed pursuant have agreed to the terms [***] Confidential portions of this Section 8.5document have been redacted and filed separately with the Commission. waive the removal requirement with regard to such Alterations or Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Furthermore, Landlord may, by written notice to Tenant at least ninety (90) days 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to 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, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 3 contracts

Samples: Massachusetts Avenue (Werewolf Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 3 contracts

Samples: Office Lease (Quality Systems Inc), Office Lease (United Pan Am Financial Corp), Office Lease (Quality Systems Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord (specifically excluding trade fixtures and the equipment installed by Tenant upon taking possession of the Premises), except that Tenant may remove any fixtures and/or equipment (e.g., additional HVAC or chillers) which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord; provided, howeverprovided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, (i) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and (ii) Tenant shall be deemed to be in holdover until such time as the removal and restoration is completed (and, accordingly, the terms of Article 16 of this Lease shall be applicable during such period). Tenant hereby protects, defends, indemnifies and holds the Landlord Parties harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Landlord shall not under any circumstances be liable to any equipment lessor or construction lender for loss or other impairment of their collateral.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 2.1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord, except for the Testing Xxxxxxxx (defined below). Furthermore, 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 Alterations or improvements Alterations, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding Tenant shall have no obligation to remove the foregoing, upon request by Tenant at Improvements being constructed pursuant to the time Work Letter (excepting only any and all of Tenant’s request for Landlord’s consent to any Alteration test xxxxxxxx and equipment and infrastructure associated therewith (collectively and whether installed as Improvements or improvementAlterations, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5“Testing Xxxxxxxx”)). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementsexcept as otherwise notified by Landlord, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, 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 expenseits expense and before the expiration or earlier termination hereof, to shall remove any Alterations or improvements and to Alterations, repair any resulting damage to the Premises or Building, and Building caused by such removal and return restore the affected portion of the Premises to their to, at Landlord’s election, either (a) its condition existing prior to before the installation of such Alterations or improvements or(b) a “Standard Office/R&D Configuration”, at Landlord’s electionwhich, to for purposes of this Lease, means a building standard tenant improved condition drop ceiling open-office environment with materials and finishes consistent, as reasonably determined by Landlord; provided; however, that notwithstanding with the foregoinggeneral office improvements located in the remainder of the Building or, upon request by Tenant at if there are no general office improvements located in the time remainder of the Building, then such materials and finishes must be consistent with the general office improvements located in other buildings in the Project. If Tenant’s request for Landlord’s consent approval of any proposed Alterations contains a request that Landlord identify any portion of such Alterations that Landlord will require Tenant to any Alteration or improvementremove as provided above, then Landlord shall notify will, at the time it approves such Alterations, identify such portion of the Alterations, if any, that Landlord will require Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5so remove. If Tenant fails to complete timely perform any work required under the foregoing provisions of this Section, Landlord may perform such removal and/or to repair work at Tenant’s expense. Notwithstanding the foregoing, (a) Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property, (b) at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedremoval, and (c) Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense no lien or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, other interest in any manner relating to the installation, placement, removal or financing item 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 LeaseTenant’s Property.

Appears in 2 contracts

Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

Landlord’s Property. All retrofit work (and all Alterations, improvementsupon their completion) made by or for Tenant, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed and whether made by Landlord or placed in or about the Premises, from time to timeTenant, shall be at the sole cost of Tenant Landlord’s property, and shall be surrendered to Landlord in good order, condition, and become repair (ordinary wear and tear excepted and damage caused by fire or other casualty excepted), broom clean, upon the property expiration or earlier termination of Landlord; providedthe Term, however, and Tenant shall not be entitled to any compensation therefor. Unless Landlord may, by written notice to shall have previously stated in writing (in connection with its approval of any Alternations) that it will require the removal of any Alteration or Tenant prior to Improvement at the end of the Lease Term, or given following any earlier termination of this Lease, require Term (in which case Tenant, at Tenant’s expense, to shall remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, same prior to the expiration of the Term and repair all damage caused by such removal), Landlord shall not have the right to require that Tenant remove from the Premises such retrofit work and Alterations (or earlier termination such portion thereof as Landlord has not required to be removed). Any damage or deterioration of the Premises or any retrofit work that could have been prevented by good maintenance practices shall not be deemed to be ordinary wear and tear. The foregoing notwithstanding, in no event shall Landlord, pursuant to the foregoing provisions of this LeaseSubsection 10.3.1, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after require removal of any retrofit work or Alterations that the end tenant next taking possession of the Lease Term until such work Premises desires to remain in the Premises or that constitute “Standard Office Improvements.” As used herein, the term “Standard Office Improvements” shall include any tenant improvements that can be completed, removed and Landlord shall have the right, but disposed of at a cost not the obligation, to perform such work and to charge materially greater than the cost thereof of removing and disposing of ordinary and customary tenant improvements for general office use. In no event, however, shall “Standard Office Improvements” be deemed to Tenant. Tenant hereby protectsinclude any interior stairwells, defendsshower installations, indemnifies and holds Landlord harmless from any liabilityraised computer flooring, costdata centers, obligationtelephone switch rooms (other than those included as part of Base Building), expense ceramic tile floor coverings, heat pumps, special life safety installations, cafeterias, or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 Leasevaults.

Appears in 2 contracts

Samples: Letter (Riverbed Technology, Inc.), Riverbed Technology, Inc.

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord. Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to the provisions of Section 8.6, below) and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such removal, and returns the affected portion of the Building or the Premises to an as-improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days 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 Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations (including any Cosmetic Alterations), (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, [***] Confidential portions of this document have been redacted and filed separately with the Commission. 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.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition that existed prior to the installation of such Alterations. Furthermore, 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 Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by LandlordAlterations; 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any Tenant Improvements or Alterations which are normal and customary business office improvements for the South of Market (“SOMA”) portion of the financial district area of San Francisco, California; provided, however, in any event Landlord may require Tenant to remove, all (i) rolling files and structural supports, (ii) built-in or high-density file systems, (iii) any supplemental HVAC system installed by Tenant, (iv) any improvements which affect the Building Structure, including, without limitation, any stairwells, internal staircases or vaults, and any improvements which affect the Building Systems, including, without limitation, any cooking kitchens (i.e., with gas ovens/stoves) other than in the 9th Floor Premises, any fitness or exercise facility, showers, or core drills, (v) any security or information technology systems installed by or on behalf of Tenant in the Premises, including, without limitation, any data center, (vi) any Additional Bicycle Storage installed by Tenant or on behalf of Tenant, (vii) any Generator installed by Tenant or on behalf of Tenant, and (viii) any “Communications Equipment” (as that term is defined below) installed by or on behalf of Tenant. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orrequired condition, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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, except to the extent due to Landlord’s negligence, willful misconduct or violation of this Lease, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Except as set forth in this Section 8.5, Tenant shall not be required to restore any improvements constructed pursuant to the Tenant Work Letter.

Appears in 2 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to timeafter the initial Tenant Improvements (which initial Tenant Improvements shall be governed by the terms of the Tenant Work Letter), shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orremoval; PROVIDED; HOWEVER, at Landlord’s electionTHAT NOTWITHSTANDING THE FOREGOING, to a building standard tenant improved condition as determined by Landlord; provided; howeverUPON REQUEST BY TENANT AT THE TIME OF TENANT’S REQUEST FOR LANDLORD’S CONSENT TO ANY ALTERATION OR IMPROVEMENT, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section LANDLORD SHALL NOTIFY TENANT WHETHER THE APPLICABLE ALTERATION OR IMPROVEMENT WILL BE REQUIRED TO BE REMOVED PURSUANT TO THE TERMS OF THIS SECTION 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises Premises, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Yelp Inc), Office Lease (Yelp Inc)

Landlord’s Property. All AlterationsSubject to SECTION 12.2, improvements, all fixtures, equipment and/or machinery, equipment, improvements and appurtenances which may be installed attached to, or built into, the Premises at the commencement of, or during the Term, whether or not placed in there by or about at the expense of Tenant, shall become and remain a part of the Premises, from time to time, ; shall be at the sole cost of Tenant and shall be and become deemed the property of LandlordLandlord (the "LANDLORD'S PROPERTY"), without compensation or credit to Tenant; provided, however, 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 Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request shall not be removed by Tenant at the time of Tenant’s request for Landlord’s consent to Expiration Date unless Landlord requests their removal. "NOTWITHSTANDING THE FOREGOING, (i) THE UPS SYSTEM AND BACKUP GENERATOR SHALL NOT BE DEEMED LANDLORD'S PROPERTY AND SHALL BE REGARDED AS A COMPONENT OF TENANT'S PROPERTY (AS HEREINAFTER PROVIDED) AND (ii) TENANT SHALL BE RESPONSIBLE FOR REPAIRING (TO LANDLORD'S REASONABLE SATISFACTION) ANY DAMAGES TO PREMISES OR THE PROPERTY RESULTING FROM ANY INSTALLATION AND/OR REMOVAL OF THE UPS SYSTEM AND BACKUP GENERATOR." Further, any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements personal property in the Premises on the Commencement Date, movable or otherwise, unless installed and return paid for by Tenant, shall be and shall remain the affected portion property of Landlord and shall not be removed by Tenant. In no event shall Tenant remove any of the Premises to their condition existing following materials or equipment without Landlord's prior to the installation of such Alterations written consent (which consent may be given or improvements orwithheld in Landlord's sole discretion): any power wiring or power panels, if elected by Landlordlighting or lighting fixtures, to a wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, operating equipment and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 Leasedecorations.

Appears in 2 contracts

Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 2.1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant prior given at the time Landlord provides its consent (if any) to the end of the Lease Termproposed Alterations or Improvements, or given following any earlier termination of this Leaseas applicable, require Tenant, at Tenant’s expense, to remove any Alterations or improvements Improvements in the Premises which are “Specialty Improvements” (as defined hereinbelow), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their its condition existing immediately prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5Specialty Improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Specialty Improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their its condition existing immediately prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseSpecialty Improvements, then at Landlord’s option, either (A) Rent shall continue to accrue under this Lease at the reasonable rental value of the Premises (but not in accordance with excess of the Rent set forth in Article 16, below), after until the end earlier to occur of (1) the Lease Term until date such work shall be completedcompleted by Tenant, and or (2) if Landlord shall have the right, but not the obligation, elects to perform such work under item (B) hereof, then the date Landlord would reasonably be expected to complete such work at Tenant’s expense, and/or (B) Landlord may do so and to may charge the reasonable cost thereof to Tenant, provided that Landlord shall not have the right to elect item (A) of this sentence with respect to any Specialty Improvements that are designated for removal by Landlord and which Tenant fails to remove which are of an immaterial nature (including, without limitation, with respect to the ease and cost of such removal) individually or in the aggregate, which determination shall be made in Landlord’s sole, but good faith, discretion. “Specialty Improvements” means any Alterations or Improvements other than normal and customary general office improvements. Notwithstanding the foregoing, “Specialty Improvements” (i) shall not include conference rooms, or Cosmetic Alterations and (ii) shall include (a) any Alterations or Improvements which affect the Base Building, (b) any kitchens (other than basic office kitchens), showers, restrooms, washrooms or similar facilities in the Premises that are not part of the Base Building, (c) any Lines (as that term is defined in Section 29.32 below), (d) any other items or fixtures which Tenant is expressly required to remove pursuant to the terms of this Lease. Notwithstanding the foregoing, Tenant shall have the right to install (subject to Landlord’s approval rights under this Lease and the Work Letter), without an obligation to remove, up to two (2) gender-neutral restrooms per floor of the Premises. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Landlord’s Property. All Alterations, improvements, fixtures, conduit, equipment (excepting Tenant's telecommunications equipment) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, including any non-general office use improvements made at the time of Tenant's initial occupancy of the Premises, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverand shall be and remain part of the Premises and shall not be removed by Tenant at the end of the term of this Lease, unless Landlord agreed to its removal at the time Landlord consented to such Alteration. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base Premises Work (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures and equipment, plumbing systems, electrical systems, lighting systems, silencing equipment, switching conduit and cabling, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Tenant requests Landlord's consent to the end of the Lease Termany Alteration pursuant to Section 8.1 or Section 22,, or given following any earlier termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements Alterations, improvements, fixtures, conduit, equipment, and/or appurtenances in the Premises and Project, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, and Project to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Alterations, improvements, fixtures, conduit, equipment, and/or appurtenances in the Premises and return Project, and returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, and Project to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures fixtures, conduit, equipment, and/or equipment appurtenances in, on or about the PremisesPremises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Universal Access Inc), Office Lease (Universal Access Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition existing prior to construction of such Alterations or improvements. Furthermore, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing prior to the installation construction of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordimprovements; 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 Alterations or improvementimprovements, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If by the end of the Lease Term (including the sooner termination thereof), Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their the condition existing prior to the installation construction of such Alterations or improvements orimprovements, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord excluding Tenant’s fixtures and equipment, including portable benches (other than iLab benches provided by Landlord and/or if otherwise paid for by Landlord which shall remain Landlord; provided’s property), howeverautoclaves, glasswashes, freezers, refrigerators, portable fume hoods, and biosafety cabinets. Furthermore, Landlord maymay require that Tenant remove any specialized/non-Building Standard Alterations, by written notice to improvements, fixtures and/or equipment (other than the Tenant prior to Improvements) upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided that Landlord notifies in writing that such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant will be required at the time of Tenant’s request for Landlord’s Landlord provides its consent to any Alteration such Alterations, improvements, fixtures and/or equipment (or improvement, at the time Tenant notifies Landlord shall notify Tenant whether the applicable Alteration or improvement will be required with respect to be removed pursuant to the terms of this Section 8.5Alterations not requiring Xxxxxxxx’s consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, 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 Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.consent Landlord may withhold in its sole and absolute discretion. 24 GENESIS 1900 ALAMEDA [BigHat Biosciences, Inc.] Execution Original

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in Section 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, 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 Alterations or improvements in the Premises (including, without limitation the Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior given at the time Landlord grants its consent to any Alteration (which notice shall specify the end of the Lease Term, or given following any earlier termination of this Leasereasonable grounds for such requirement), require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements in the Premises upon the expiration or earlier termination of this Lease, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of Premises, provided that Tenant does not fulfill such Alterations or improvements or, if elected by obligation within ten (10) days following notice from Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost Actual Cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Equity Marketing Inc), Office Lease (Artistdirect Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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 Alterations or improvementimprovements, Landlord shall notify Tenant whether the applicable Alteration Alterations or improvement improvements will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant’s 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.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, expiration or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Tenant Improvements or Alterations or improvements which are not customary general office improvements, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Tenant Improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which Tenant may be have installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, 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 Alterations or improvements (as opposed to the Improvements being constructed pursuant to the Work Letter, which Improvements Tenant shall not be required to remove unless otherwise expressly identified by Landlord at the time of approval in accordance with the terms set forth in Section 2.4 of the Work Letter), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing immediately prior to the installation performance of the subject Alterations; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or improvements orCosmetic Alterations, at Landlord’s electionand (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations or Cosmetic Alterations; provided; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their the condition existing immediately prior to the installation performance of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Leasesubject Alterations, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, at Landlord’s option Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, 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 Alterations or improvements (excluding the Improvements other than any Non-Conforming Improvements) in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify be deemed to have agreed to waive the removal requirement with regard to such Alterations or Cosmetic Alterations. Notwithstanding any provision to the contrary contained herein, Tenant whether the applicable Alteration or improvement will shall not be required to be removed pursuant to remove any Alterations, improvements (including the terms of this Section 8.5Improvements) or Cosmetic Alterations which are normal and customary business office improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and and, other than Tenant’s equipment, which shall remain Tenant’s sole property, shall be and become the property of Landlord; provided. Landlord may, however, 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 (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Above Standard Tenant Improvements,” as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing “Building Standard Tenant Improvements,” as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvementsTenant Improvements, fixtures, and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (except as otherwise set forth on Exhibit 5) and any Alterations and Tenant Improvements and, to the extent the removal of the same will cause damage to the Premises or such items are otherwise funded by use of the Tenant Improvements Allowance, fixtures and equipment shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing to the contrary, Landlord may, by written notice to Tenant prior given at the time that Landlord consents to the end of the Lease Term, or given following any earlier termination of this LeaseAlterations, require Tenant, at Tenant’s expense, to remove any Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to 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, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvementsfixtures, fixtures and/or equipment equipment, and or any of Tenant’s personal property in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord (other than with respect to Tenant’s trade fixtures and equipment which Tenant can substantiate to Landlord have not been paid for with any improvement allowance funds provided to Tenant by Landlord, which may be removed by Tenant from the Premises provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord), and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however. Furthermore, 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 (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any “Improvements,” as that term is defined in Section 2.1 of the Work Letter, located within the Premises and to replace the same Building standard improvements, and repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however. Notwithstanding the above, that notwithstanding in the foregoingevent that, upon request by Tenant at the time of Tenant’s request for LandlordTenant requests Xxxxxxxx’s consent to any Alteration Alterations, if Tenant also requests in writing a determination of whether Landlord will require restoration and/or removal of the particular Alterations or improvementportions thereof for which consent is being requested upon expiration or any earlier termination of this Lease, Landlord shall so notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5along with Landlord’s consent (if such consent is given). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord excluding Tenant’s fixtures and equipment, including portable benches (other than ilab benches installed by Landlord as part of the Tenant Improvements which shall remain Landlord; provided’s property), howeverautoclaves, glasswashes, freezers, refrigerators, portable fume hoods, and biosafety cabinets. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to improvements, fixtures and/or equipment (other than the Tenant prior to Improvements) upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal; provided that Landlord notifies in writing that such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant will be required at the time of Tenant’s request for Landlord provides its consent to such Alterations, improvements, fixtures and/or equipment (or at the time Tenant notifies Landlord with respect to Alterations not requiring Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, 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 Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord maymay require that Tenant remove any Alterations, by written notice to Tenant prior to improvements, fixtures and/or equipment upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition so long as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Landlord notified Tenant in writing at the time Landlord approved such Alterations and Tenant Improvements (or with respect to Alterations not requiring Landlord’s consent, at the time Tenant notified Landlord of Tenant’s request for such Alterations) that Landlord will require the removal of any such Alterations and Tenant Improvements but only if Tenant requested (in writing) that Landlord make such removal determination at the time Tenant requested Landlord’s consent to any Alteration such Alterations or improvement, Tenant Improvements (or at the time Tenant provided Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms with written notice of this Section 8.5Alterations not requiring Landlord’s consent). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies and holds remove any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, 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 Premiseswithout Landlord’s prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 2 contracts

Samples: Lease (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Landlord’s Property. All Alterationsalterations, additions, ------------------- fixtures and improvements, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed or placed made in or about to the Premises by Landlord or Tenant (other than personal property and trade fixtures owned by Tenant), shall no later than the termination of this Lease, become part of the Property and Landlord's property. Upon termination of this Lease, Landlord shall have the right, at Landlord's option, by giving written notice to Tenant at any time before or within sixty (60) days after such termination, to retain all such alterations, additions, fixtures and improvements in the Premises, without compensation to Tenant, or to remove all such alterations, additions, fixtures and improvements from time the Premises, repair all damage caused by any such removal, and restore the Premises to timethe condition in which the Premises existed before such alterations, additions, fixtures and improvements were made, and if Landlord has the right to require Tenant to perform such work under section 6.3 or section 2.3 hereof, and Tenant failed to do so, Tenant ----------- ----------- shall be at pay to Landlord, upon billing by Landlord, the sole reasonable cost of such removal, repair and restoration (including any other reasonable, third party costs incurred by Landlord in connection with such removal). All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the property of Tenant. Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and shall other personal property from the Property and repair all damage caused by any such removal, and if not removed within thirty (30) days following termination of this Lease, such personal property shall, consistent with section 10.6 ------------ hereof, be deemed abandoned and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination . Termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to Lease shall not affect the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 pursuant to this Lease.section 7.2 to be performed after such termination. -----------

Appears in 2 contracts

Samples: Campus Lease (Monsanto Co /New/), Campus Lease (Monsanto Co /New/)

Landlord’s Property. All Alterations, improvements, fixtures, equipment (“FF&E”) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements (including demountable walls), and any FF&E purchased with the “Alterations Allowance” defined in Section 8.6, below, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.

Appears in 2 contracts

Samples: Lease (RAPT Therapeutics, Inc.), Lease (RAPT Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements (including demountable walls), shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the HCP, INC [Britannia Pointe Grand] [ORIC Pharmaceuticals, Inc.] 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. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit F may be updated from time to time by agreement of the parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.

Appears in 2 contracts

Samples: Lease (Oric Pharmaceuticals, Inc.), Lease (Oric Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment ------------------- conduit, (excluding Tenant's Generator, generator enclosures, paralleling gear, DC plant or UPS system and Tenant HVAC Equipment, Liebert units and chillers [collectively, "Tenant's Trade Fixtures"]) and/or appurtenances which may be installed or placed in or about the Premises, from time to time, including any non-general office use improvements made at the time of Tenant's initial occupancy of the Premises, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverand shall be and remain part of the Premises and shall not be removed by Tenant at the end of the term of this Lease, unless Landlord agreed to its removal at the time Landlord consented to such Alteration. Such fixtures, alterations, additions, repairs, improvements and/or appurtenances shall include, without limitation, the Base, Shell and Core (as defined in the Tenant Work Letter) and improvements, built-in utilities such as heating, ventilating and air conditioning units in the Premises, floor coverings, drapes, paneling, molding, doors, kitchen and dishwashing fixtures, plumbing systems, electrical systems, lighting systems, silencing equipment, switching conduit and cabling, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior at the time Tenant requests Landlord's consent to the end of the Lease Termany Alteration pursuant to Section ------- 8.1 or Section 22, or given following any earlier termination of this Lease, --- ---------- require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements Alterations, improvements, fixtures, conduits and/or appurtenances (not including the initial Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter) in the Premises and Project, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, and Project to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements Alterations, improvements, fixtures, conduits and/or appurtenances in the Premises and return Project, and returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, and Project to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures fixtures, conduit, and/or equipment appurtenances in, on or about the PremisesPremises and Project, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Office Lease (Equinix Inc), Equinix Inc

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which that may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding Landlord may not require Tenant to remove any Tenant Improvements shown in the foregoingApproved Schematic Plans or any Alternations consistent with the improvements shown in the Approved Schematic Plan, upon request by Tenant at or any Alterations which are otherwise consistent with typical tenant improvements in the time of Tenant’s request for Landlord’s consent to any Alteration biotechnology or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit F attached hereto (the "Tenant's Property") shall at all times be and remain Tenant's property. Exhibit F may be updated from time to time by agreement of the Parties. Tenant may remove the Tenant's Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant's Property.

Appears in 2 contracts

Samples: Sublease (Sutro Biopharma, Inc.), Five Prime Therapeutics Inc

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, 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 Alterations or improvements within the Premises (excluding the Tenant Improvements) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition 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 at the time of Tenant’s notice for any Alteration or improvementthat does not require Landlord’s consent, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner [Decipher Biosciences, Inc.] relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment (excluding the Tenant Improvements) in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to remove any of the Tenant Improvements upon the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Sorrento Highlands (Decipher Biosciences, Inc.), Sorrento Highlands (Decipher Biosciences, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances other than Tenant’s trade fixtures and equipment (which shall expressly include all of Tenant’s laboratory equipment, testing devices, and ancillary equipment, whether affixed to the Premises or not) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or earlier termination of this Lease, subject to the requirements of SECTION 8.2 and Landlord; provided’s right to require Tenant to remove such items as provided in this SECTION 8.5. Under no circumstances shall Tenant be required to remove standard office finishes from the Premises (i.e. those office materials and fixtures that are commercially reasonable, howeverappropriate and common in Comparable Buildings). Upon the expiration or earlier termination of this Lease, Tenant may remove any equipment or fixtures installed by Tenant, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to Building Standard condition. Furthermore, 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 Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted) and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by LandlordBuilding Standard condition; provided; , however, that notwithstanding the foregoingif, upon request by Tenant at the time of Tenant’s in connection with its request for Landlord’s consent approval for particular Alterations, (1) Tenant requests Landlord’s decision with regard to the removal of such Alterations, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alteration or improvementAlterations, fails to address the removal requirement with regard to such Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseBuilding Standard condition, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with Article the TCCs of ARTICLE 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and Tenant shall reimburse Landlord for such costs within ten (10) days after receipt of Landlord’s invoice therefore. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant’s 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 for one (1) year following such expiration or earlier termination. At all times during the Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant’s trade fixtures and equipment.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any tenant improvement allowance funds (but not Moving Allowance funds) provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord’s consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by removal. Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed remove any of the initial Tenant Improvements constructed by Landlord pursuant to the terms of this Section 8.5Tenant Work Letter. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof (plus Landlord’s fee) to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, subject to the terms of Section 8.2 of this Lease, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding . Notwithstanding the foregoing, upon request in no event shall Tenant be obligated to remove from the Premises (i) any typical general office tenant improvements, and (ii) the Tenant Improvements constructed by Landlord under the Tenant at Work Letter (provided that same are consistent with the time Space Plan referenced in the Tenant Work Letter as of the date of this Lease), provided that the foregoing shall not limit or reduce Tenant’s request for Landlord’s consent obligation to any Alteration or improvementremove 000 XXXXXXXX XXXXXXXXX “Lines,” as that term is defined in Section 29.31 of this Lease, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required subject to be removed pursuant to and in accordance with the terms of Section 29.31 of this Section 8.5Lease. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord may, by written notice have not been paid for with any Tenant improvement allowance funds provided to Tenant prior to the end of the Lease Termby Landlord, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair provided Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however. Furthermore, that notwithstanding prior to the foregoingexpiration or earlier termination of this Lease, upon request by Tenant shall, at the time of Tenant’s request for Landlord’s consent to expense, remove any Alteration or improvementdesignated by Landlord and restore the same to the condition existing prior to the installation of such Alteration (provided such previous condition did not require any repair, Landlord in which event Tenant shall notify restore the same to the condition existing as of the completion of the initial Tenant whether the applicable Alteration or improvement will be required to be removed pursuant Improvements), subject to the terms of this Section 8.58.2, above. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements orrequired hereunder, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal 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.

Appears in 2 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, subject to the last sentence of this Section 8.5, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their its condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5normal wear and tear excepted. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their its condition existing prior to the installation of such Alterations Alteration or improvements orimprovement, if elected by Landlordnormal wear and tear excepted, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable and actual out-of-pocket cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Upon submission of any plans for Landlord’s approval, Tenant may request prior to the installation of specific fixtures, equipment or improvements in the Premises, that Landlord agree not to require Tenant to remove such items upon expiration or termination of the Lease or agree to permit Tenant to remove any item it may otherwise not be permitted to remove under the terms of this Lease. Such consent may be granted or denied in Landlord’s reasonable discretion, must be granted in writing prior to the installation of the subject items in order to be binding against Landlord; provided that, notwithstanding the foregoing sentence, if Landlord fails to notify Tenant of Landlord’s waiver or nonwaiver of Tenant’s obligation to remove such addition, alteration or improvement at the end of the Term within twenty (20) days after Tenant’s written request for that waiver, Tenant shall have the right to provide Landlord with a second written request (a “Second Waiver Request”) that contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR EITHER (I) WAIVER OF TENANT’S OBLIGATION TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS OR (II) AUTHORIZATION FOR TENANT TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS, IN EACH CASE UPON EXPIRATION OR TERMINATION OF THE LEASE PURSUANT TO THE PROVISIONS OF SECTION 8.5 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER DELIVERY OF THIS NOTICE TO LANDLORD, THEN LANDLORD SHALL BE DEEMED TO HAVE EITHER (I) WAIVED THE OBLIGATION OF TENANT TO REMOVE CERTAIN ADDITION, ALTERATION OR IMPROVEMENT DESCRIBED HEREIN OR (II) AUTHORIZED TENANT TO REMOVE CERTAIN ADDITIONS, ALTERATIONS OR IMPROVEMENTS DESCRIBED HEREIN.” If Landlord fails to respond to such Second Waiver Request within five (5) business days after delivery by Tenant, Landlord shall be deemed to have either (a) waived the right to require Tenant to remove such addition, alteration or improvement at the end of the Term or (b) authorized Tenant to remove such addition, alteration or improvement at the end of the Term.

Appears in 2 contracts

Samples: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances other than Tenant's trade fixtures and equipment (which shall expressly include all of Tenant's laboratory equipment, testing devices, and ancillary equipment, whether affixed to the Premises or not) which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or earlier termination of this Lease, subject to the requirements of SECTION 8.2 and Landlord; provided's right to require Tenant to remove such items as provided in this SECTION 8.5. Under no circumstances shall Tenant be required to remove standard office finishes from the Premises (i.e. those office materials and fixtures that are commercially reasonable, howeverappropriate and common in Comparable Buildings). Upon the expiration or earlier termination of this Lease, Tenant may remove any equipment or fixtures installed by Tenant, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to Building Standard condition. Furthermore, 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 Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal (reasonable wear and tear excepted) and return the affected portion of the Premises to their condition existing prior Building Standard condition; provided, however, if, in connection with its request for Landlord's approval for particular Alterations, (1) Tenant requests Landlord's decision with regard to the installation removal of such Alterations or improvements orAlterations, at Landlord’s electionand (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall not be required to a building standard tenant improved condition as determined by Landlordso remove such Alterations; provided; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, in its approval of any Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration or improvementsuch Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this LeaseBuilding Standard condition, then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with Article the TCCs of ARTICLE 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and Tenant shall reimburse Landlord for such costs within ten (10) days after receipt of Landlord's invoice therefore. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the Tenant's 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 for one (1) year following such expiration or earlier termination. At all times during the Term of this Lease, Tenant shall be entitled to remove, and Landlord shall have no interest in, Tenant's trade fixtures and equipment.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Landlord may, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, Lease require Tenant, at Tenant’s expense, to remove any Alterations or improvements in the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Alteration. Notwithstanding the foregoing, upon request by Tenant at the time Tenant, as part of Tenant’s its request for Landlord’s consent to any Alteration or improvementsuch Alterations may request Landlord’s designation as to whether Landlord will require such removal and repair. In the event Tenant makes such a request, Landlord shall notify Tenant whether make such designation at the applicable Alteration or improvement will be required to be removed pursuant to the terms time of this Section 8.5Landlord’s consent. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their the condition existing that existed prior to the installation of such Alterations or improvements orAlteration, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant either prior to or following the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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 Alterations or improvementimprovements (if such consent was required, or with respect to Permitted Alterations, within ten (10) business days after Tenant notifies Landlord in writing of such Permitted Alteration), Landlord shall notify Tenant whether the applicable Alteration Alterations or improvement improvements will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.. PARK PLACE AT BAY XXXXXXX ZS Pharma, Inc.

Appears in 1 contract

Samples: Office Lease (ZS Pharma, Inc.)

Landlord’s Property. All Alterations, improvementswhether temporary or permanent, fixturesincluding hardware, equipment and/or appurtenances which may be installed or non-trade fixtures and wall and floor coverings, whether placed in or about upon the Premises, from time to timePremises by Landlord or Tenant, shall be become Landlord’s property and shall remain with the Premises at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, 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 whether by lapse of time or otherwise, without compensation, allowance or credit to Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, Landlord may request that any or all of such Alterations in or upon request the Premises made by Tenant be removed by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue . If Tenant sends Landlord a written notice at the time an Alteration is made making reference to accrue under this Lease in accordance with Article 16, below, after Section 6(d) and requesting that Landlord notify Tenant if Landlord will require Tenant to remove such Alteration at the end of the Lease Term until term, Landlord shall respond to such work notice within ten (10) business days of receipt thereof, and if Landlord fails to respond, it shall be completeddeemed that Tenant need not remove such Alteration at the expiration or sooner termination of the Lease. If Landlord requests such removal, or upon Tenant’s removal of its trade fixtures, wiring or cabling, Tenant shall remove the same within three (3) Business Days after the expiration of the Term and Landlord shall have the right, but not the obligation, repair all damage to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 the Building or the Property caused by such removal. Tenant shall not, however, be required to remove pipes concealed in floors, walls or ceilings, provided that Tenant properly cuts and caps the same, and seals them off in a safe, lawful and worker-like manner, in accordance with Landlord’s reasonable requirements and all applicable building codes. If Tenant does not remove any Alterations when requested by Landlord to do so, Landlord may remove the same and repair all damage caused thereby, and Tenant shall pay to Landlord the cost of Tenant such removal and repair immediately upon demand therefor by Landlord, plus fifteen percent (15%) of the cost of such removal to reimburse Landlord for its administrative expense. Tenant’s obligation to observe or perform this covenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Pdi Inc)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementsif any Tenant-Insured Improvements (other than any supplemental HVAC unit, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at governed by Section 25.5) are not, in Landlord’s reasonable judgment, Building-standard, then before the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, expiration or given following any earlier termination of this Leasehereof, require TenantTenant shall, at Landlord’s election, either (a) at Tenant’s expense, to and except as otherwise notified by Landlord, remove any Alterations or improvements and to such Tenant-Insured Improvements (other than the Excluded Items (defined below)), repair any resulting damage to the Premises or Building, and Building caused by such removal and return restore the affected portion of the Premises to their its configuration and condition existing prior to before the installation of such Alterations or improvements Tenant-Insured Improvements (or, at Landlord’s election, to a building Building-standard tenant tenant-improved configuration and condition 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant but only to the terms extent that the cost of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by restoration does not exceed the removal reasonably estimated cost of any Alterations or improvements in the Premises and return restoring the affected portion of the Premises to their its configuration and condition existing prior to before the installation of such Alterations Tenant-Insured Improvements), or improvements or(b) pay Landlord an amount equal to the estimated cost of such work, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior . If Tenant fails to the expiration or earlier termination of this Lease, then Rent shall continue to accrue timely perform any work required under this Lease in accordance with Article 16, below, after the end clause (a) of the Lease Term until such work shall be completedpreceding sentence, and Landlord shall have the right, but not the obligation, to may perform such work and to charge the cost thereof to at Tenant’s expense. If, when it requests Landlord’s approval of any Tenant hereby protectsImprovements or Alterations, defends, indemnifies and holds Tenant specifically requests that Landlord harmless from identify any liability, cost, obligation, expense such Tenant Improvements or claim of lien, including but not limited to, court costs and reasonable attorneys’ feesAlterations that, in any manner relating Landlord’s judgment, are not Building-standard, Landlord shall do so when it provides such approval. As used herein, “Excluded Items” means the Tenant Improvements shown or described with reasonable specificity on the Approved Space Plan. Nothing herein shall be deemed to the installation, placement, removal or financing (a) transfer to Landlord ownership of any such Alterationsof Tenant’s trade fixtures, improvementsfurniture, fixtures and/or equipment inor other personal property installed in the Premises (“Tenant’s Property”), on or about (b) prohibit Tenant from removing Tenant’s Property from the Premises, which obligations provided that Tenant, at its expense, repairs all damage caused by the installation or removal of Tenant shall survive the expiration or earlier termination of this Leasesuch Tenant’s Property.

Appears in 1 contract

Samples: Office Lease (InvenSense Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed Upon the expiration or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, 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 Tenantall Alterations shall become Landlord’s property and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale and Landlord is free to dispose of the Alterations in any manner it deems fit in its sole discretion with no further obligation to Tenant or any third party. The Alterations shall be surrendered with the Premises at the end of the Term, at Tenant’s expense, to except that Tenant may remove any Alterations or improvements and which Tenant can substantiate to repair Landlord have not been paid for with any funds from Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal removal. Furthermore, Landlord can elect at the end of the Term, by written notice, to require Tenant to remove any Alterations. If Landlord so elects, Tenant at its sole cost shall remove such Alterations and return the affected portion of restore the Premises to their the condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined designated by Landlord; provided; however, that notwithstanding before the foregoing, upon request by Tenant at last day of the time of Term. At Tenant’s request for Landlordrequest, Landlord shall advise Tenant in writing when Tenant requests Xxxxxxxx’s consent to any an Alteration or improvement, whether Landlord shall notify will require Tenant whether to remove such Alteration at the applicable Alteration or improvement will be required to be removed pursuant to end of the terms of this Section 8.5Term. If Tenant fails to promptly complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protectsindemnifies, defends, indemnifies defends and holds Landlord harmless from any liabilityClaims, costas defined in this Section, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations. “Claims” means losses, improvementsjudgments, fixtures and/or equipment inliabilities, on or about demands, claims, causes of action, costs and expenses (including the Premises, which obligations reasonable fees and costs of Tenant shall survive the expiration or earlier termination of this Leaseattorneys and other consultants).

Appears in 1 contract

Samples: Office Lease

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, Cosmetic Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept as more particularly set forth below, and (ii) the Improvements to be constructed in the Premises pursuant to the terms and conditions of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord, except that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any improvement allowance funds, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 Alterations Alterations, Cosmetic Alterations, or improvements in the Premises, (excluding the “Improvements” (as that term is defined in the Work Letter), the removal of which shall be as set forth in Section 8.6, below and in the Work Letter), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, upon request by Tenant in the event that, at the time of Tenant’s request for Tenant requests Landlord’s consent to any Alteration Alterations, if Tenant also requests in writing a determination of whether Landlord will require restoration and/or removal of the particular Alterations (or improvementCosmetic Alterations) or portions thereof for which consent is being requested upon expiration or any earlier termination of this Lease, Landlord shall so notify Tenant whether along with Landlord’s consent (if such consent is given) (or, with respect to any Cosmetic Alterations, within five (5) business days following Landlord’s receipt of notice from Tenant of such Cosmetic Alterations). Notwithstanding the applicable Alteration foregoing or improvement will the terms of Section 8.6 below or Section 2.3 of the Work Letter, Tenant shall, without the necessity of any such notice from Landlord, be required to be removed pursuant (I) repair any damage to the Premises and Building caused in connection with the installation, construction or alteration of the “Improvements” (as that term is defined in the Work Letter), including, but not limited to, the repairing and restoring of any holes or saw cuts in the walls or ceiling, (II) remove all cabling and other “Lines” (as that terms of this is defined in Section 8.529.32, below), and (III) repair any damage to the Improvements themselves (normal wear and tear excepted). If Tenant fails to complete any such removal and/or to repair any damage caused by the removal of any Alterations Alterations, Cosmetic Alterations, or improvements in the Premises (including items (I)-(III), above), and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, Landlord prior to the expiration or earlier termination of this Lease, then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, Cosmetic Alterations, improvements, fixtures and/or equipment in, on or about the Premises, except to the extent that such liability, cost, obligation, expense or claim of lien is due to the willful misconduct or gross negligence of Landlord, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or permanently affixed equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. If, howeverpursuant to the Removal Notice, Tenant is obligated to remove the Alterations at the expiration of the Term and Tenant does not desire to do so, Tenant shall notify Landlord mayof such fact within ten (10) Business Days after receipt of the Removal Notice. Landlord may then, by written notice at its option, require Tenant to Tenant pay, prior to the end expiration of the Lease Term, an amount reasonably determined by Landlord as necessary to cover the cost of demolishing such Alterations and/or the cost of returning the Premises to its condition prior to such Alterations (the "Alterations Removal Deposit"), reasonable wear and tear, damage by casualty and condemnation excepted. Upon payment of the Alterations Removal Deposit to Landlord, notwithstanding anything set forth in Landlord's notice of consent to such Alterations or given following any earlier termination of in this Lease, require Tenant, at Tenant’s expense, Tenant shall have no obligation to remove any such Alterations or improvements and to repair any damage to at the Premises and Building caused by such removal and return the affected portion expiration of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding Term. Notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed remove the Tenant Improvements constructed pursuant to the terms of this Section 8.5. Tenant Work Letter attached hereto as Exhibit B. If Tenant fails to complete such the removal of any Alterations that Tenant is required to remove under this Lease and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises such Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable cost thereof to Tenant. Except as set forth in this Section 8.4, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: And Attornment Agreement (Redenvelope Inc)

Landlord’s Property. All Except as specifically set forth below, all Alterations, improvements, fixturesfixtures and/or equipment which, equipment and/or appurtenances which may be installed or placed in or about the Premises, including any cabling and wiring associated with the Wi-Fi Network, and aligns installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to may require that Tenant prior to remove any improvement or Alteration (including any cabling and wiring associated with the end Wi-Fi Network) upon the expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal removal, unless Tenant requests and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at obtains Landlord’s electionwritten agreement, to a building standard tenant improved condition as 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 approval of tire improvements or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required Alterations to be removed pursuant to the terms of this Section 8.5made by Tenant, that such improvements or Alterations need not be removed. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in (including any cabling and wiring associated with the Premises Wi-Fi Network), Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to TenantTenant (together with a five percent (5%) supervision/administration fee), and Tenant shall pay such cost to Landlord within thirty (30) days of being billed for the same. Notwithstanding the foregoing, in no event shall Tenant have any obligation to remove the Tenant Improvements made pursuant to the Work Letter attached hereto as Exhibit B: provided, however. Tenant hereby protects, defends, indemnifies shall be obligated to remove all cabling and holds Landlord harmless from any liability, cost, obligation, expense or claim of lienwiring, including but not limited to, court costs any cabling and reasonable attorneys’ fees, in any manner relating wiring installed as part of the Tenant Improvements made pursuant to the installationWork Letter attached hereto as Exhibit B, 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 upon the expiration or earlier early termination of this Leasethe Lease Term, and repair any damage to the Premises and Building caused by such removal.

Appears in 1 contract

Samples: Lease (InterPrivate III Financial Partners Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, 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 Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, at Landlord’s 's election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation installment of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Corgentech Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any "Extraordinary Alterations," as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing "Building Standard Tenant Improvements," as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services Inc)

Landlord’s Property. All Alterations, improvementsand Tenant Improvements constructed pursuant to EXHIBIT B, fixtureswhether temporary or permanent in character, equipment and/or appurtenances which may be installed or placed made in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end Premises by Landlord or Tenant shall become part of the Lease TermProject and Landlord's property, or given following any earlier except as provided below, without compensation to Tenant. As to Alterations, upon termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligationat Landlord's option, by giving written notice to Tenant at any time before or within sixty (60) days after such termination, to perform remove specific Alterations identified in such work notice, repair all damage caused by any such removal, and restore the Premises to charge the cost thereof condition in which the Premises existed before such Alterations were made. As to the Tenant Improvements, Landlord, at the time of its approval of Tenant Improvements pursuant to EXHIBIT B, shall have the option to require Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating writing, to the installation, placement, removal or financing of any remove such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier Improvements upon termination of this Lease. Such option shall not apply to the following Tenant Improvements made pursuant to EXHIBIT B: standard central electric wiring, standard interior walls and partitions erected to separate the general office and light manufacturing facilities located in the Building and improvements made that are customary for a general office use. In the case of any removal, Tenant shall pay to Landlord, upon billing by Landlord, the cost of such removal, repair and restoration (including a reasonable charge for Landlord's overhead and profit) of Alterations and/or Tenant Improvements with respect to which Landlord may require and has required removal. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the property of Tenant. Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Project and repair all damage caused by any such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this SECTION 7.2 to be performed after such termination. Tenant acknowledges that except as described in EXHIBIT D hereto, there will be no trade fixtures in the Premises and Xxxxxx does not contemplate installing any in the Premises. Tenant may install trade fixtures from time to time upon compliance with this ARTICLE 7 and upon receiving Xxxxxxxx's written consent, which Xxxxxxxx agrees it will not withhold unreasonably. Tenant may update the description in EXHIBIT D with similar items, otherwise, Landlord's consent is required.

Appears in 1 contract

Samples: Lease (Wj Communications Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant immediately 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 Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations (subject to wear and tear, repairs that are the responsibility of Landlord under this Lease and damage by casualty or condemnation), except that Tenant shall not be required to remove any Alterations installed by it constituting standard office improvements orand/or Alterations which are substantially similar to those improvements existing on the Delivery Date. Notwithstanding anything to the contrary contained herein, when requesting consent to an Alteration, Tenant may request for Landlord to notify Tenant whether or not Landlord will require such Alteration to be removed at the expiration or earlier termination of the Lease. If Landlord fails to notify Tenant within fifteen (15) days of Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time receipt of Tenant’s request for Landlord’s consent then Tenant shall deliver to any Alteration or improvement, Landlord shall a second written notice and if Landlord again fails to notify Tenant whether such Alteration must be removed at the applicable expiration or earlier termination of the Lease within an additional fifteen (15) day period, it shall be deemed that Landlord shall not require the removal of the Alteration or improvement will at the expiration of earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall not be required to remove the Tenant Improvements described in Section 11 of Exhibit B attached hereto, except that Tenant shall be removed pursuant required to remove, at its sole cost and expense, the terms security system that comprises part of this Section 8.5. the Tenant Improvements as described in Exhibit B. If Tenant is required to remove an Alterations and fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or(subject to wear and tear, if elected repairs which are specifically made the responsibility of Landlord hereunder and damage by Landlord, to a building standard tenant improved condition as determined by Landlordcasualty or condemnation), prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (COUPONS.com Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations and permanently affixed improvements and fixtures which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Tenant may remove equipment, howevertrade fixtures and other improvements that are added to the Premises by Tenant after the date of full execution and delivery of this Lease and are readily removable from the Property at any time during the Lease Term, provided that Tenant repairs, at Tenant’s sole cost and expense, any damage resulting from such removal promptly. Tenant may request, at the time of Landlord’s consent to the installation of any such new item, Landlord’s opinion as to whether such item constitutes an item that is readily removable pursuant to the immediately preceding sentence and Landlord shall promptly respond to such request. If Landlord, as a condition to Landlord’s consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Lease (Genomatica Inc)

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Landlord’s Property. All AlterationsExcept for Trade Fixtures, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations shall be and become the property of LandlordLandlord upon installation, and Landlord shall have no obligation to reimburse Tenant for any portion of the value or cost; provided, however, that if Landlord’s default is the sole cause of a termination of this Lease, Landlord mayshall reimburse Tenant for the cost of such Alterations, by not to exceed the lesser of (i) $100,000, or (ii) the unreimbursed portion of the costs amortized over no longer than five years. By written notice to Tenant prior to the end delivered either before expiration of the Lease Term, Term or given following within 30 days after the effective date of any earlier termination of this Lease, Landlord may require Tenant, at Tenant’s sole expense, to remove any Alterations or improvements and restore the Leased Premises to repair their configuration and condition before the Alterations were made. Notwithstanding the foregoing, if Tenant delivers copies of the plans and specifications for any damage Alteration to Landlord and a written request for Landlord’s advance determination regarding the removal of such Alterations hereunder, at least 15 days prior to Tenant’s commencement of construction of such Alteration, and Landlord fails to notify Tenant within such 15 day period that Landlord requires that the Alteration be removed at the termination of the Lease and the Leased Premises be restored to their condition prior to the Premises Alteration, Landlord may not later require Tenant to remove the Alteration and Building caused by such removal and return restore the affected portion of the Leased Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5Alteration. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements required restoration in the Premises a timely manner, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof of the restoration to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 Leaseas Rent.

Appears in 1 contract

Samples: Beach Studios (Marvel Entertainment, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to the provisions of Section 8.6, below) and shall be and become part of the Premises and the property of Landlord, and (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however, Tenant may remove any Alterations, improvements (excluding the Improvements), fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for by any Improvement Allowance funds, provided that Tenant repairs any and all damage to the Premises or the Building caused in whole or in part by such removal, and returns the affected portion of the Building or the Premises to an as-improved building standard condition, as reasonably approved by Landlord. Furthermore, Landlord may, by written notice to Tenant Tenant, at least sixty (60) days 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 Alterations or improvements and located within the Premises, to repair any damage to the Premises and Building caused by such removal removal, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations (including any Cosmetic Alterations), (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement when approving (or, if applicable, following notification of) such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or any earlier termination of this Lease, except that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any tenant improvement allowance funds provided to Tenant by Landlord; provided, howeverprovided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord. Furthermore, Landlord, if Landlord has so provided with respect to any Cosmetic Alteration pursuant to Section 8.1 above or with respect to any Alteration pursuant to Section 8.2 above, 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 Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, . Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Cotherix Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice to Tenant not less than sixty (60) days 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 Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Sirna Therapeutics Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant's removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, however. Furthermore, 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 Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (i) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (ii) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration such Alterations or improvementCosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Viking Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which (i) are not permanently affixed to the Premises and/or the Building, and (ii) Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Cision Ltd.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord (other than Tenant’s personal property and trade fixtures) at the expiration of the Lease Term, or the earlier termination thereof; provided, however, 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 Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordimprovements; 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlordimprovements, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term after Landlord delivers written notice to Tenant of its failure to surrender the Premises in the required condition until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Except to the extent due to the gross negligence or willful misconduct or violation of this Lease by Landlord or its agents, employees or contractors, Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.. 811311.04/WLA 378421-00002/2-14-20/mem/mem -24- 000 XXXXXXX XXXXXXXXX [Akero Therapeutics, Inc.]

Appears in 1 contract

Samples: Office Lease (Akero Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord’s consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant prior to given at the end of the Lease Term, or given following any earlier termination of this Leasetime Tenant requests Landlord’s consent for such Alterations, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Tekelec)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the TCCs of the Work Letter Agreement shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord maymay require Tenant, (x) with regard to Alterations, by written notice to Tenant prior at the time of Landlord’s consent to such items (or, with respect to Alterations not requiring Landlord’s consent, within three (3) business days after Tenant’s written notice to Landlord of such Alterations as provided in Section 8.1 above), (y) with regard to the end Improvements constructed pursuant to Exhibit B, by notice that the same constitute “Removal Items” in accordance with the TCCs of Section 2.4 of such Exhibit B, and (z) with regard to the “Original Improvements,” as that term is set forth in Section 10.3.2, by express inclusion on Exhibit I attached to this Lease Term(as so identified, or given following any earlier termination of this Lease, require Tenantthe “OI Removal Items”), at Tenant’s expense, to remove any Alterations such timely identified Alterations, Removal Items or improvements OI Removal Items in the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 PremisesPremises by or on behalf of Tenant, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Entropic Communications Inc)

Landlord’s Property. All AlterationsLeasehold Improvements shall become Landlord’s property upon installation and without compensation to Tenant. Notwithstanding the foregoing, improvementsif any Tenant-Requested Improvements (other than any Unit, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at governed by Section 25.5) are not, in Landlord’s reasonable judgment, Building-standard, then before the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, expiration or given following any earlier termination of this Leasehereof, require TenantTenant shall, at Landlord’s election, either (a) at Tenant’s expense, to and except as otherwise notified by Landlord, remove any Alterations or improvements and to such Tenant-Requested Improvements, repair any resulting damage to the Premises or Building, and Building caused by such removal and return restore the affected portion of the Premises to their its configuration and condition existing prior to before the installation of such Alterations or improvements Tenant-Requested Improvements (or, at Landlord’s election, to a building Building-standard tenant tenant-improved configuration and condition as 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, (b) pay Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant an amount equal to the terms estimated cost of this Section 8.5such work, as reasonably determined by Landlord. If Tenant fails to complete such removal and/or to repair timely perform any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion work required under clause (a) of the Premises to their condition existing prior to the installation of such Alterations or improvements orpreceding sentence, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to may perform such work and to charge the cost thereof to at Tenant’s expense. If, when it requests Landlord’s approval of any Tenant-Requested Improvements or Alterations, Tenant hereby protects, defends, indemnifies and holds specifically requests that Landlord harmless from identify any liability, cost, obligation, expense such Tenant-Requested Improvements or claim of lien, including but not limited to, court costs and reasonable attorneys’ feesAlterations that, in any manner relating to Landlord’s judgment, are not Building-standard, Landlord shall do so when it provides such approval. Notwithstanding the installationforegoing, 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 not be required to remove any of the expiration or earlier termination Tenant-Requested Improvements existing as of this Lease.the date hereof. Lease Form_FSG Office_California (YR21)

Appears in 1 contract

Samples: Office Lease (Soleno Therapeutics Inc)

Landlord’s Property. All Tenant may remove any Alterations, improvementsImprovements, fixtures, affixed equipment and/or appurtenances from the Premises which Tenant can reasonably demonstrate were not paid for with the Improvement Allowance or other funds provided by Landlord, and may be installed remove all items constituting Tenant's intellectual property or placed in or about trade secrets that are not affixed to the Premises, from time provided that Tenant repairs any damage to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverPremises caused by such removal. Furthermore, Landlord may, by written notice to Tenant prior at the time of Landlord's consent to the end of the Lease Termany Alterations, Improvements or given following any earlier termination of this LeaseTenant Requested Changes that constitute Specialty Alterations, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements Specialty Alterations, and to repair any damage to the Premises and Building Project caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such removal. “Specialty Alterations” means any Alterations or Improvements which are not typical tenant improvements orfor the Permitted Use and any Tenant Requested Changes. In addition to removing any Specialty Alterations designated by Landlord for removal as set forth above, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by in all cases Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to remove, and to restore the Premises or Project, as applicable, to their previous condition, the following: (a) any Cafeteria, kitchens, showers, restrooms, washrooms or similar facilities in the Premises that are not part of the Base Building, (b) any private/internal stairways in the Premises, as opposed to fire stairs (and Tenant shall be removed required to demolish and "cap" any such private/internal stairways at the expiration or earlier termination of this Lease), (c) any other items, improvements or fixtures which Tenant is expressly required to remove pursuant to the terms of this Section 8.5Lease, (d) any improvements or signage incorporating Tenant's name or logo, (e) safes and vaults, (f) raised flooring, and (g) any alteration, improvement or equipment not complying with Applicable Laws as of the date such Alteration or Improvement was made to the Premises (or subsequently modified by Tenant). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises anything required to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of be removed under this Leasesection, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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."

Appears in 1 contract

Samples: Lease (Cytokinetics Inc)

Landlord’s Property. All Alterations, improvementsimprovements (including Tenant Improvements), fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that (i) Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord may, by written notice have not been paid for with any Tenant Improvement Allowance funds provided to Tenant by Landlord, (ii) prior to the end of the Lease Term, expiration or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to Tenant shall remove any Alterations that Landlord notified Tenant must be removed at the time Landlord approved such Alterations pursuant to Section 8.1, provided, however, that Landlord may only be entitled to require that Tenant remove Specialty Alterations (defined below) and (iii) prior to the expiration or improvements and earlier termination of this Lease, Tenant shall remove any Specialty Alterations that did not require Landlord’s approval pursuant to repair Section 8.1; provided, in each of cases (i) - (iii) Tenant repairs any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or Alterations, improvements or(including Tenant Improvements), at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal fixtures and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenantequipment. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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, a “Specialty Alteration” is any Alteration 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 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, mechanical, or electrical connections (such as, for example but not by way of limitation, cooking kitchens, any 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 Office Space to non-office usage, or (vi) can be seen from outside the Building. For avoidance of doubt, an open ceiling will not be considered a Specialty Alteration. 35654\12546889.9 06907\011\8493037.v6

Appears in 1 contract

Samples: Lease (Penumbra Inc)

Landlord’s Property. All Alterations, improvementswhether temporary or permanent, fixturesincluding hardware, equipment and/or appurtenances which may be installed or non-trade fixtures and wall and floor coverings, whether placed in or about upon the Premises, from time to timePremises by Landlord or Tenant, shall be become Landlord's property and shall remain with the Premises at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, 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 whether by lapse of time or otherwise, without compensation, allowance or credit to Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , however, that notwithstanding the foregoing, Landlord may request that any or all of said Alterations in or upon request the Premises made by Tenant be removed by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease. If Landlord requests such removal or if Tenant removes its trade fixtures, then Rent Tenant shall continue remove the same prior to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work and shall be completed, and Landlord shall have the right, but not the obligation, repair all damage to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 the Building or the Property caused by such removal. Tenant shall not, however, be required to remove floors, ceilings and pipes and wires concealed in floors, walls or ceilings, provided that Tenant properly cuts and caps the same, and seals them off in a safe, lawful and workmanlike manner, in accordance with Landlord's reasonable requirements and all applicable building codes. If Tenant does not remove any Alterations when requested by Landlord to do so, Landlord may remove the same and repair all damage caused thereby, and Tenant shall pay to Landlord the cost of Tenant such removal and repair immediately upon demand therefor by Landlord, plus five percent (5%) of the cost of such removal to reimburse Landlord for its administrative expense. Tenant's obligation to observe or perform this covenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (PSB Bancorp Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordcondition; provided; , however, that notwithstanding in the foregoing, upon request by Tenant at the time of event that Tenant’s 's request for Landlord’s consent to 's approval of any Alteration or improvement, Landlord shall notify Tenant whether the applicable particular Alteration or improvement will requests a determination by Landlord as to whether or not such Alteration or improvement shall be required to be removed pursuant to upon the expiration or earlier termination of this Lease in accordance with the terms of this Section 8.5hereof, then Landlord's approval shall contain such a determination (and if such consent does not affirmatively require removal, Tenant shall have no obligation to remove the applicable Alteration). If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlordrequired herein, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Schuler Homes Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any fixtures and/or equipment (E.G., additional HVAC or chillers) which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a Building Standard tenant improved condition as determined by Landlord. Furthermore, Landlord may, by written notice 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard Building Standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard Building Standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, (i) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant, and (ii) Tenant shall be deemed to be in holdover until such time as the removal and restoration is completed (and, accordingly, the terms of ARTICLE 16 of this Lease shall be applicable during such period). Tenant hereby protects, defends, indemnifies and holds the Landlord Parties harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Landlord shall not under any circumstances be liable to any equipment lessor or construction lender for loss or other impairment of their collateral.

Appears in 1 contract

Samples: Office Lease (Aethlon Medical Inc)

Landlord’s Property. All Alterations, improvements, fixtures, built-in equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the reasonable cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Lease (VistaGen Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease; provided, howeverprovided that the foregoing shall not apply to Tenant’s trade fixtures. Notwithstanding the foregoing, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; , provided further, 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 Tenant's notice for any Alteration that does not require Landlord's consent, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as reasonably determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Partial Lease Termination Agreement (Zentalis Pharmaceuticals, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior to at the end time of Landlord's approval of the Lease Termproposed Alterations, Tenant Improvements or given following any earlier termination receipt of this Leasenotice of Tenant's proposed Cosmetic Alteration, require Tenant, at Tenant’s 's expense, to remove any Alterations, Tenant Improvements or Cosmetic Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding the foregoing, upon request by Tenant at the time if within fifteen (15) business days following Landlord's receipt of Tenant’s 's request for Landlord’s consent to any Alteration such Alterations, Tenant Improvements or improvementreceipt of notice of Tenant's proposed Cosmetic Alterations, Landlord fails to notify Tenant with respect to the removal requirement regarding such Alterations, Tenant Improvements or Cosmetic Alterations, Landlord shall notify be deemed to have agreed to waive the removal requirement with regard to such Alterations, Tenant whether the applicable Alteration Improvements or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises Premises, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the performance of any work under this Article 8 or 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.

Appears in 1 contract

Samples: Office Lease (INPHI Corp)

Landlord’s Property. All Landlord and Tenant hereby acknowledges and agree that (i) all Alterations, improvements, fixtures, fixtures and/or permanently affixed equipment and/or appurtenances which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon expiration or sooner termination of this Lease, and (ii) the Tenant Improvements to be constructed in the Premises pursuant to the terms and conditions of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord; provided, however. Furthermore, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, 's expense to remove such Alterations (including any Tenant Improvements), improvements, fixtures and/or equipment (excluding (x) all of the Tenant Improvements contemplated by the Work Letter other than those identified by Landlord in writing at the time of Landlord's approval of the Final Space Plan (as defined below) prior to the date hereof as being required to be removed [it being understood that Tenant shall perform the removal work described in Schedule 8.5 at its expense in connection with the Tenant Improvements by the expiration or sooner termination of this Lease], which Tenant shall otherwise have no obligation to remove, and (y) Alterations or improvements for which Landlord, in connection with its approval of such Alterations, has indicated in writing to Tenant that it will not require such Alterations to be removed) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements orAlterations, if elected by Landlordimprovements, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Leasefixtures and/or equipment, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. In addition, upon the expiration or earlier termination of the Term, Tenant, at Tenant's sole cost and expense, shall comply with any site closure requirements required by the City of San Jxxx or any other governmental authorities with respect to Tenant's use and operations at the Premises.

Appears in 1 contract

Samples: Lease (Veeco Instruments Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant's removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the "Improvements" (as that term is defined in Section 2.1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, 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 Alterations or improvements in the Premises (including, without limitation, the Improvements, but excluding Cosmetic Alterations and Original Improvements, as that term is defined in Section 10.3.2 below, in the Phase 2 Premises, which Tenant has no obligation to remove), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations, (x) Tenant requests Landlord's decision with regard to the removal of such Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations, then Tenant shall not be required to so remove such Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations, fails to address the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent removal requirement with regard to any Alteration or improvementsuch Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration or improvement will be required removal requirement with regard to be removed pursuant to the terms of this Section 8.5such Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating lien to the extent arising out of Tenant's 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.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which that may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s 's expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding Landlord may not require Tenant to remove any Tenant Improvements shown in the foregoingFinal Working Drawings or any Alternations consistent with the improvements shown in the Final Working Drawings, upon request by Tenant at or any Alterations which are otherwise consistent with typical tenant improvements in the time of Tenant’s request for Landlord’s consent to any Alteration biotechnology or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit G attached hereto (the "Tenant's Property") shall at all times be and remain Tenant's property. Exhibit G may be updated from time to time by agreement of the Parties. Tenant may remove the Tenant's Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant's Property.

Appears in 1 contract

Samples: Edgewater Business Park (Allogene Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which that may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and all Alterations and improvements, shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Landlord may, by written notice to Tenant prior given at the time it consents to the end of the Lease Term, or given following any earlier termination of this Leasean Alteration, require Tenant, at Tenant’s expense, to remove any Alterations or improvements within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; provided; , however, that notwithstanding Landlord may not require Tenant to remove any Tenant Improvements shown in the foregoingFinal Working Drawings or any Alternations consistent with the improvements shown in the Final Working Drawings, upon request by Tenant at or any Alterations which are otherwise consistent with typical tenant improvements in the time of Tenant’s request for Landlord’s consent to any Alteration biotechnology or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5pharmaceutical industries. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Notwithstanding the foregoing, except to the extent the same are paid for by the Tenant Improvement Allowance, the items set forth in Exhibit G attached hereto (the “Tenant’s Property”) shall at all times be and remain Tenant’s property. Exhibit G may be updated from time to time by agreement of the Parties. Tenant may remove the Tenant’s Property from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in the Tenant’s Property.

Appears in 1 contract

Samples: Lease (Allogene Therapeutics, Inc.)

Landlord’s Property. All AlterationsAny Alterations and other improvements and any equipment, improvementsmachinery, fixturesfurnishings and other property, equipment and/or appurtenances which may be installed or placed located in or about the Premises, from time to timethe Building or the Land by or on behalf of Landlord or Tenant, except for Tenant's Personal Property: (i) shall be at the sole cost of Tenant and shall be and immediately become the property of Landlord, and (ii) shall be surrendered to Landlord with the Premises as a part thereof at the end of the Term; provided, however, that if Landlord mayrequests Tenant to remove any Alterations installed by or on behalf of Tenant, Tenant shall cause the same to be removed at Tenant's expense on or before the Lease Expiration Date, or shall reimburse Landlord for the cost of such removal, as elected by written notice Landlord (unless Landlord expressly waives in writing the right to require such removal at the time Landlord give its consent to the making of such Alterations). Notwithstanding the foregoing, (1) with respect to all Alterations made pursuant to the Office Space Work Agreement attached hereto as Exhibit C, Landlord shall specify which, if any, of such Alterations Tenant prior shall be required to remove at the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant Term at the time of Landlord approves the plans and specifications for such Alterations, and (ii) with respect to all other Alterations, Tenant’s , upon submitting its request for Landlord’s consent to any Alteration or improvementLandlord to make such Alterations, shall have the right to request therein that Landlord shall notify specify whether and to what extent Landlord will require Tenant whether to remove the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after question at the end of the Lease Term until Term. If Tenant shall fall to request such work information in its request to make any Alterations specified in clause (ii) in the preceding sentence, such right shall be completeddeemed null and void as to the Alterations in question, and all such Alterations shall thereafter be subject to the exercise of Landlord's rights and to Tenant's obligations set forth in the first sentence of this Section 10.A. If Tenant submits its request for such information in accordance with the foregoing provisions and Landlord consents to the Alterations requested, Landlord shall, together with its consent, specify in writing whether and to what extent it will require Tenant to remove the Alterations in question at the end of the Term, and if Landlord fails so to specify, Tenant shall have no further obligation to remove the right, but not Alterations which were the obligation, to perform such work and to charge the cost thereof to subject of Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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's request.

Appears in 1 contract

Samples: Hagler Bailly Inc

Landlord’s Property. All Alterations, improvements, fixtures, equipment fixtures and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with the Tenant Improvement Allowance funds (or subsequent funds after the date hereof) provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition existing immediately prior to the installation of such Alteration, improvement, fixture, equipment and/or appurtenance. Furthermore, 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 Alterations or improvements Specialty Alteration (as that term is defined hereinbelow), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their the condition existing immediately prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by LandlordSpecialty Alteration; 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, Landlord shall notify Tenant whether the applicable Alteration or improvement constitutes a Specialty Alteration and will be required to be removed pursuant to the terms of this Section 8.59(g). If Tenant fails to complete such any required removal and/or to repair any damage caused by the required removal of any Alterations or improvements in the Premises Specialty Alteration, and return the affected portion of the Premises to their the condition existing immediately prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition Specialty Alteration as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 Alteration" shall mean any Alteration or Tenant 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 cafeterias, 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, or (vi) affect the exterior of the Building, including the New Entrance (defined below). Notwithstanding the foregoing, Specialty Alterations shall not include conference rooms, typical office kitchens and kitchenettes, eating areas, catering kitchens, audio recording rooms, reception areas, server rooms, meeting areas or City Ground Floor Requirements.

Appears in 1 contract

Samples: Standard Office Lease (Glu Mobile Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, 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 Alterations or improvements (excluding any Tenant Improvements) and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5; provided further, however, in no event shall Tenant be required to remove any Alterations that are a natural and logical extension of, are comparable to or are a replacement or refurbishment of the Tenant Improvements. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by LandlordPremises, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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. Notwithstanding anything to the contrary in this Lease, Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises shall at all times be and remain Tenant’s property and may be removed from the Premises at anytime, provided that Tenant repairs all damage caused by such removal.

Appears in 1 contract

Samples: Office Lease (Audience Inc)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be permanently installed in or placed in about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which are installed, provided Tenant repairs any damage to the Premises and Building caused by such removal, normal wear and tear excepted. Furthermore, if Landlord requires, at the time Landlord approves of the Alteration, that Tenant be required to remove any Alteration upon the expiration or early termination of the Lease Term, Landlord may, by written notice to Tenant no later than ninety (90) days prior to the end of the Lease Term, or given following upon any earlier termination of this Lease, require Tenant, Tenant at Tenant’s expense, expense to remove any such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal (normal wear and return the affected portion of the Premises to their condition existing prior tear excepted), subject, however, to the installation of such Alterations or improvements or, at restrictions on Landlord’s election, right to a building standard tenant improved condition so require Tenant to remove certain Alterations as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this provided in Section 8.515.2 below. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to at the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so upon ten (10) days’ notice to Tenant and Landlord shall have the right, but not the obligation, to perform such work and to may charge the actual, reasonable and documented cost thereof to TenantTenant (without profit or xxxx-up). Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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 except to the expiration extent the particular work is performed by Landlord and/or such liability, cost, obligation, claim or earlier termination of this Leaseexpense results from Landlord’s negligence or willful misconduct.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises by Tenant or on behalf of Tenant, from time to time, shall be at the sole cost of Tenant and shall be and become the property of LandlordLandlord upon expiration of this Lease; provided, however, 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 Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s 's election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. Notwithstanding the foregoing, Tenant shall not be required to remove any Tenant Improvements or Alterations which are normal and customary business office improvements; provided, however, in any event Landlord may require Tenant to remove all (i) rolling files and structural supports, (ii) built-in or high-density file systems, (iii) any supplemental HVAC system installed by Tenant, (iv) any structural improvements, and (v) any security or information technology systems installed by or on behalf of Tenant in the Premises. Tenant shall not be required to remove any improvements that are existing in the Premises on the Lease Commencement Date. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys' fees, 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.

Appears in 1 contract

Samples: Office Lease (Atlantic Acquisition Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the “Improvements” (as that term is defined in the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, Landlord may, by written notice to Tenant at least sixty (60) days 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 Alterations or improvements in the Premises (including, without limitation, the Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord, subject to reasonable wear and tear; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify be deemed to have required the removal requirement with regard to such Alterations or Cosmetic Alterations. In any event, Tenant whether the applicable Alteration or improvement will shall be required to remove the interconnecting stairwell between the second (2nd) and third (3rd) floors of the Premises (unless Landlord notifies Tenant in writing a new tenant is leasing both the second (2nd) and third (3rd) floors of the Premises and desires that the stairwell not be removed pursuant removed, in which event Tenant shall have no obligation to remove such stairwell), any ventilation systems located in any kitchen within the terms Premises and any showers installed in the Premises by or on behalf of this Section 8.5Tenant. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Amplitude, Inc.)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant’s removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the Improvements to be constructed in the Premises pursuant to the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, 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 Alterations or improvements in the Premises located within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord’s decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding the foregoingif Tenant requests such a determination from Landlord and Landlord, upon request by Tenant at the time of Tenant’s request for within ten (10) business days following Landlord’s consent receipt of such request from Tenant with respect to any Alteration Alterations or improvementCosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall notify Tenant whether be deemed to have agreed to waive the applicable Alteration removal requirement with regard to such Alterations or improvement will be required to be removed pursuant to the terms of this Section 8.5Cosmetic Alterations. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Selectica Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations and improvements which may be installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant (subject to reimbursement from the Tenant Improvement Allowance) and shall be and shall, unless Landlord requires their removal as provided below, become the property of Landlord at the expiration of this Lease, except that Tenant may remove any trade fixtures and personal property, which are not permanently affixed to the Premises and those items identified in Section 15.2, below, provided Tenant repairs any damage to the Premises and Buildings caused by such removal and returns that portion of the Premises to a Base Building condition as reasonably determined by Landlord; provided, however, that in the event Tenant disputes Landlord’s determination then such dispute shall be resolved by arbitration pursuant to Section 29.29 hereof. Landlord maymay require Tenant, by written notice to Tenant prior to the end of the Lease Term, expiration or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or which require Landlord’s consent and any other improvements (including the Tenant Improvements and to repair any damage Tenant’s Exterior Signage) to the Premises extent the same relate to a non-general office use of space and, when compared to general office improvements, are substantially more expensive to remove, provided further, however, that Landlord may, in any event, require Tenant to remove any stairwells and Building caused any Common Area Alterations installed by such removal and return Tenant in the affected portion of the Premises event that Landlord shall deliver notice thereof to their condition existing Tenant at any time prior to the installation expiration of such Alterations or improvements orthe Lease Term, at provided that in the event that Tenant’s request for approval of any particular Common Area Alteration shall include a “Removal Designation Reminder,” as that term is defined, below, in the manner and otherwise in accordance with the terms set forth below, then Landlord shall notify Tenant as to whether Tenant shall be required to remove the subject Common Area Alteration concurrently with Landlord’s electionapproval thereof (if applicable). Landlord shall also notify Tenant of its requirement that Tenant remove any Alteration or improvement (including the Tenant Improvements) in accordance with the terms hereof concurrently with Landlord’s approval thereof, provided that, except with respect to a building standard tenant improved condition as determined by Landlord; provided; howeverthe initial Tenant Improvements constructed in accordance with the Tenant Work Letter, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for approval shall state in bold face letters on the first page of the request for Landlord’s consent the following language (the “Removal Designation Reminder”): “CONCURRENTLY WITH LANDLORD’S APPROVAL (IF APPLICABLE) OF THE ALTERATIONS OR IMPROVEMENTS DESCRIBED HEREIN, LANDLORD MUST ELECT, SUBJECT TO THE TERMS OF THE LEASE, WHETHER SUCH ALTERATIONS OR IMPROVEMENTS SHALL BE REQUIRED TO BE REMOVED BY TENANT.” If Tenant fails to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be complete removal required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal , and/or to repair any damage caused by the removal of any Alterations or improvements in (including, but not limited to, the Premises Tenant Improvements, Tenant’s Exterior Signage, and the Common Area Alterations), and/or to return the affected portion of the Premises Premises, the Buildings and/or the Project to their the condition existing prior to the installation making of such Alterations Alteration or improvements or, if elected by Landlord, to a condition consistent with a first class office building standard tenant improved condition as determined project reasonably acceptable to Landlord with respect to areas affected by Landlord, prior to the expiration or earlier termination of this LeaseCommon Area Alterations, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost Actual Cost thereof to Tenant. ; provided, however, that in the event Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating disputes Landlord’s determination then such dispute shall be resolved by arbitration pursuant 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 LeaseSection 29.29 hereof.

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

Landlord’s Property. All Alterations, improvements, fixtures, fixtures and/or equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises by Tenant or at Tenant’s request (including, from time to timebut not limited to, all floor and wall coverings, built-in cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -21- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), shall be at the sole cost of Tenant and Tenant. Upon the expiration or early termination of the Lease Term, at Landlord's election in its sole discretion, such Alterations, improvements, fixtures and/or equipment, or any of them, shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written notice at the time it consents to any Alteration, require that Tenant prior to remove such Alterations, improvements, fixtures and/or equipment, or any of them, upon the end expiration or early termination of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedTerm, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Notwithstanding any other provision of this Article 8 to the contrary, in no event shall Tenant hereby protects, defends, indemnifies remove (and holds Tenant shall not be required to remove) any improvement from the Premises as to which Landlord harmless from any liability, cost, obligation, expense or claim of liencontributed payment, including but not limited tothe Tenant Improvements, court costs and reasonable attorneys’ fees, 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 Premiseswithout Landlord's prior written consent, which obligations of Tenant shall survive the expiration or earlier termination of this Leaseconsent Landlord may withhold in its sole and absolute discretion.

Appears in 1 contract

Samples: Industrial (Kura Oncology, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverLandlord and remain in place at the Premises following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, 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 Alterations or and/or improvements and/or systems and equipment within the Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlordremoval; 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.58.5 and whether Tenant will be required to restore any portion of the Premises affected by such removal, and Tenant shall have no removal or restoration obligations for Alterations or improvements identified in such notice as not requiring removal by Landlord. If Tenant fails to complete such any required removal and/or to repair any damage caused by the removal of any Alterations or and/or improvements and/or systems and equipment in the Premises and return the affected portion of the Premises to their a condition existing prior required by Landlord (subject to the installation of such Alterations or improvements orimmediately preceding sentence), if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.. 22 HCP, INC.[4939 Director's Place][Sorrento Therapeutics, Inc.]

Appears in 1 contract

Samples: Sorrento Gateway (Sorrento Therapeutics, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept that Tenant may remove any Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, 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 Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Office Lease (Team Communication Group Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledge and agree that (i) all Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the PremisesPremises (excluding Tenant's removable trade fixtures, furniture or non-affixed office equipment), from time to time, shall be at the sole cost of Tenant and shall be and become part of the Premises and the property of Landlord; provided, howeverand (ii) the "Improvements" (as that term is defined in Section 1 of the Work Letter) to be constructed in the Premises pursuant to the TCCs of the Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Furthermore, 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 Alterations, Cosmetic Alterations or other improvements in the Premises (unless and to the extent timely identified by Landlord as a Non-Conforming Improvement in accordance with Section 2.3 of the Work Letter, excluding the initial Improvements), and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided, however, if, in connection with its notice to Landlord with respect to any such Alterations or Cosmetic Alterations, (x) Tenant requests Landlord's decision with regard to the removal of such Alterations or Cosmetic Alterations, and (y) Landlord thereafter agrees in writing to waive the removal requirement with regard to such Alterations or Cosmetic Alterations, then Tenant shall not be required to so remove such Alterations or Cosmetic Alterations; provided further, however, that notwithstanding if Tenant requests such a determination from Landlord and Landlord, within ten (10) business days following Landlord's receipt of such request from Tenant with respect to Alterations or Cosmetic Alterations, fails to address the removal requirement with regard to such Alterations or Cosmetic Alterations, Landlord shall be deemed to have agreed to waive the removal requirement with regard to such Alterations or Cosmetic Alterations. Notwithstanding the foregoing, upon request by Tenant at Landlord may only require the time removal of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant Alterations and improvements to the terms extent the same consist of this Section 8.5non-typical general office use improvements or otherwise fail to conform with then-applicable Building Standard improvements. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and Premises, and/or to return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, and/or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such AlterationsAlterations (unless and to the extent Landlord has agreed that any such ./ -/// -28- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] Alterations may remain in the Premises as more particularly set forth in this Section 8.5, above), improvements, fixtures and/or equipment in, on or about the PremisesPremises (unless and to the extent timely identified by Landlord as a Non-Conforming Improvement in accordance with Section 2.3 of the Work Letter, excluding the initial Improvements), which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances Alterations or improvements which may be -------------------- installed or placed in or about the Premises, and all signs installed in, on or about the Premises, from time to time, shall be at the sole cost of Tenant and and, upon the expiration or sooner termination of the Lease Term, shall be and become the property of Landlord; provided. Notwithstanding the foregoing, howeverupon the expiration or earlier termination of the Lease, Tenant may remove all of its personal property, including, without limitation, the items listed on SCHEDULE 5 to ---------- EXHIBIT C, and, additionally, any Alterations, improvements or signs which --------- Tenant can reasonably substantiate to Landlord were not paid for with any tenant improvement allowance funds provided to Tenant by Landlord, and provided Tenant repairs any damage to the Premises and Building caused by such removal. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, required that Tenant, at Landlord's election, remove any Alteration upon the expiration or earlier termination of the Lease Term, and with respect to any "Tenant Improvement Removal Items," as that term is defined in SECTION ------- 2.1 of the Tenant Work Letter, Landlord may, by written notice to Tenant at --- least thirty (30) days prior to the end of the Lease Term, or given following concurrently with any earlier notice of termination of this Lease, require Tenant, at Tenant’s 's expense, to remove any such Alterations or improvements Tenant Improvement Removal Items and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Alterations, Landlord may do so and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Lease Agreement (21st Century Insurance Group)

Landlord’s Property. All Alterations, improvements, fixtures, equipment equipment, leasehold improvements and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided. Such alterations, howeverimprovements, fixtures, equipment, leasehold improvements, and/or appurtenances shall include but not be limited to: all floor coverings, drapes, paneling, built-in cabinetry, molding, doors, vaults (including vault doors), plumbing systems, security systems, electrical systems, lighting systems, silencing equipment, communication systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes, and any special flooring or ceiling installations. Notwithstanding the forgoing, Tenant may remove any Alterations, improvements, and/or equipment which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Furthermore, if Landlord, as a condition to Landlord's consent to any Alteration, requires that Tenant remove any Alteration upon the expiration or early termination of the Term, 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 such Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies indemnities and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, 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.

Appears in 1 contract

Samples: Cord Blood America, Inc.

Landlord’s Property. All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and and, except for Tenant's Property (as defined in Section 15.2), shall be and become the property of Landlord; provided, however. Furthermore, Landlord may, by written S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 notice to Tenant prior to given at the end time of the Lease Term, or given following any earlier termination of this LeaseLandlord's consent thereto, require Tenant, at Tenant’s 's expense, upon the expiration or earlier termination of this Lease to (i) remove any Alterations or improvements in the Premises, and/or (ii) remove any "Non Standard Tenant Improvements," as that term is defined in Section 3.5 of the Tenant Work Letter, located within the Premises, and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises, then at Landlord's option, either (A) Tenant shall be deemed to be holding over in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, 16 below, after the end of the Lease Term until such work shall be completed, or (B) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protectsagrees to protect, defendsdefend, indemnifies indemnify and holds hold Landlord harmless from any liability, cost, damages, obligation, expense or claim of lien, (including but not limited to, court costs and reasonable attorneys' fees, ) in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment placed or installed in, on or about the PremisesPremises by or on behalf of Tenant, which obligations of Tenant shall survive the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary set forth in this Lease or the Tenant Work Letter, Tenant shall have no obligation to remove the Original Improvements, any Permitted Alterations, or any Alterations which Landlord has not designated to be removed at the time of its consent thereto.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

Landlord’s Property. All Alterations, improvements, fixtures, equipment fixtures and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord upon the expiration or earlier termination of this Lease, except that Tenant may remove any Alterations, improvements and/or fixtures which Tenant can substantiate to Landlord have not been paid for with any Tenant improvement allowance funds provided to Tenant by Landlord; provided, howeverprovided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to the condition which existed as of the Lease Commencement Date, reasonable wear and tear excluded. Furthermore, 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 Alterations or improvements in the Premises, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their the condition existing prior to which existed as of the installation of such Alterations or improvements orLease Commencement Date, at Landlord’s election, to a building standard tenant improved condition as 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, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5reasonable wear and tear excluded. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return the affected portion of the Premises to their the condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition which existed as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completedCommencement Date, reasonable wear and tear excluded, Landlord shall have the right, but not the obligation, to perform such work may do so and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, improvements and/or fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Salon Media Group Inc)

Landlord’s Property. All Landlord and Tenant hereby acknowledges and agree that (i) all Alterations, improvements, fixtures, affixed equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, howeverexcept as more particularly set forth below, and (ii) the Tenant Improvements to be constructed in the Premises pursuant to the TCCs of the Tenant Work Letter shall, upon completion of the same, be and become a part of the Premises and the property of Landlord. Notwithstanding the foregoing, and provided that (A) the same are not Tenant Improvements constructed pursuant to the terms of the Tenant Work Letter, and (B) Landlord has not previously identified the same as “must-remain” items pursuant to the procedure set forth below, Tenant may remove any other Alterations, improvements, fixtures and/or equipment which Tenant can substantiate to Landlord have not been paid for (in whole or in part) with any improvement allowance funds provided to Tenant by Landlord, provided Tenant repairs any damage to the Premises and Building caused by such removal and returns the affected portion of the Premises to a building standard general laboratory improved condition as reasonably determined by Landlord. Furthermore, 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 (i) remove any Alterations or improvements in the Premises installed pursuant to this Article 8, and/or (ii) remove any “Above Building Standard Tenant Improvements,” as that term is defined in Section 2.4 of the Tenant Work Letter, located within the Premises and replace the same with then existing “Building Standard Tenant Improvements,” as that term is defined in Section 2.3 of the Tenant Work Letter, and to repair any damage to the Premises and Building caused by such removal and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as reasonably determined by Landlord; provided; , however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s if in connection with its request for Landlord’s consent approval for particular Alterations, (1) Tenant requests Landlord’s decision with regard to any Alteration or improvementthe removal of such Alterations, and (2) Landlord thereafter agrees in writing to waive the removal requirement when approving such Alterations, then Tenant shall notify Tenant whether the applicable Alteration or improvement will not be required to be removed pursuant to so remove such Alterations; provided further, however, that Landlord may, in connection with Landlord’s approval for particular Alterations (or, in Landlord’s approval is not required or sought, then within thirty (30) days of Landlord being notified of such Alterations), identify particular Alterations as those which must-remain in the terms Premises and become the property of this Section 8.5Landlord. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises Premises, and return returns the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior then at Landlord’s option, either (X) Tenant shall be deemed to be holding over in the expiration or earlier termination of this Lease, then Premises and Rent shall continue to accrue under this Lease in accordance with the terms of Article 16, below, after the end of the Lease Term until such work shall be completed, or (Y) Landlord may do so and Landlord shall have the right, but not the obligation, to perform such work and to may charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, lien in any manner relating to the installation, placement, removal or financing violation of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premisesforegoing provisions, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Favrille Inc)

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