Common use of Removal of Alterations Clause in Contracts

Removal of Alterations. At the time of making any Alteration, Tenant shall have the right to send Landlord a written notice requesting Landlord to indicate whether Landlord will require such Alteration to be removed upon the expiration or earlier termination of this Lease (an “Alteration Removal Request”), and if Landlord indicates in writing that it will not require removal of such Alteration, then Tenant shall not be required to remove such Alteration. If Landlord fails to respond to Tenant’s Alteration Removal Request within ten Business Days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within five Business Days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require removal of the Alteration upon the expiration or earlier termination of this Lease, and if Landlord does not respond to such Second Request within such five Business Day period, then Landlord shall be deemed to have agreed not to require removal of the Alteration described in Tenant’s original Alteration Removal Request.

Removal of Alterations. At Landlord shall notify Tenant in writing at the time of making Landlord’s approval of any AlterationAlterations, Tenant shall have excluding any Minor Alterations, whether or not the right to send Landlord a written notice requesting Landlord to indicate whether Landlord proposed Alterations will require such Alteration be required to be removed upon by Tenant at the expiration end of the Term. Provided Tenant has complied with the requirement below in this Subsection 4.11.3 to include in its request for consent a request that Landlord notify Tenant whether or earlier termination not the proposed Alteration will be required to be removed by Tenant at the end of this Lease (an “Alteration Removal Request”)the Term, and if any Alterations that Landlord indicates has not so designated in writing for removal at the time of Landlord’s approval, will be permitted to remain on the Premises in accordance with Section 4.8. Provided Tenant has complied with the requirement below in this Subsection 4.11.3 to include in its notice a request that it Landlord notify Tenant whether or not the proposed Minor Alteration will not require removal be required to be removed by Tenant at the end of the Term, any Minor Alteration shall be permitted to remain on the Premises in accordance with Section 4.8 unless Landlord, within ten (10) days after receipt of notice from Tenant of its intent to undertake such Minor Alteration, then furnishes notice to Tenant stating that Tenant shall not be required to remove such AlterationMinor Alteration at the end of the Term. If Landlord fails to respond to Tenant’s Alteration Removal Request within ten Business Days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have include in its request for consent to any Alteration, and in its notice of intent to undertake any Minor Alteration, a request that Landlord notify Tenant whether or not the right proposed Alteration or Minor Alteration will be required to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within five Business Days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require removal removed by Tenant at the end of the Term. In no event shall Tenant be required to remove any Alteration upon or Minor Alteration undertaken to eliminate or cure the expiration or earlier termination violation of this Lease, and if Landlord does not respond to such Second Request within such five Business Day period, then Landlord shall be deemed to have agreed not to require removal of the Alteration described in Tenant’s original Alteration Removal Requesta Legal Requirement.

Removal of Alterations. At the time of making any Alteration, Tenant shall have the right to send Landlord a written notice requesting Landlord to indicate whether Landlord will require such Alteration to be removed upon the expiration or earlier termination of this Lease (an “Alteration Removal Request”), and if Landlord indicates in writing that it will not require required removal of such Alteration, then Tenant shall not be required to remove such Alteration. If Landlord fails to respond to Tenant’s Alteration Removal Request within ten Business Days fifteen (15) days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within five Business Days seven (7) days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require required removal of the Alteration upon the expiration or earlier termination of this Lease, and if Landlord does not respond to such Second Request within such five Business Day 7-day period, then Landlord shall be deemed to have agreed not to require removal of the Alteration described in Tenant’s original Alteration Removal Request.

Removal of Alterations. At the time of making any Alteration, Tenant shall have the right to send Landlord a written notice requesting Landlord to indicate whether Landlord will require such Alteration to be removed upon the expiration or earlier termination of this Lease (an “Alteration Removal Request”), and if Landlord indicates in writing that it will not require removal of such Alteration, then Tenant shall not be required to remove such Alteration. If Landlord fails to respond to Tenant’s Alteration Removal Request within ten Business Days fifteen (15) days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within five Business Days seven (7) days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require removal of the Alteration upon the expiration or earlier termination of this Lease, and if Landlord does not respond to such Second Request within such five Business Day 7 day period, then Landlord shall be deemed to have agreed not to require removal of the Alteration described in Tenant’s original Alteration Removal Request.

Removal of Alterations. At Except as otherwise expressly provided pursuant to Section 9.1 above, if any Alterations are made without the prior written consent of Landlord, Landlord shall have the right, in addition to all other remedies, at Tenant’s expense to remove and correct such Alterations and restore the Premises to its condition immediately prior thereto, or to require Tenant to do the same. All Alterations to the Premises during the Lease Term shall be the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that, at Landlord’s election, Tenant shall remove all Alterations and other items in the Premises if (i) such Alteration or item was not approved by Landlord hereunder, or (ii) if at the time that Landlord approved of making the Alteration or item, Landlord advised Tenant in writing that Landlord would require Tenant to remove the same at the expiration or other termination of this Lease. Upon the removal of any AlterationAlteration or items hereunder, Tenant shall repair any damage to the Premises caused by such removal. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to send Landlord a written notice requesting Landlord claim, during the Lease Term, all federal and state income tax benefits associated with Alterations to indicate whether Landlord will require such Alteration to be removed upon the expiration or earlier termination of this Lease (an “Alteration Removal Request”), and if Landlord indicates in writing that it will not require removal of such Alteration, then Tenant shall not be required to remove such Alteration. If Landlord fails to respond to Premises performed at Tenant’s Alteration Removal Request within ten Business Days after Landlord’s receipt of sole cost and expense during the Lease Term, if and to the extent permitted under applicable Laws; provided, however, that in no event shall Landlord have any liability to Tenant whatsoever in connection with any inability by Tenant to obtain any such Alteration Removal Request, then Tenant shall have the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within five Business Days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require removal of the Alteration upon the expiration or earlier termination of this Lease, and if Landlord does not respond to such Second Request within such five Business Day period, then Landlord shall be deemed to have agreed not to require removal of the Alteration described in Tenant’s original Alteration Removal Requestbenefits.

Removal of Alterations. At Landlord shall notify Tenant within ten (10) days after Landlord receives the time of making plans and specifications for any proposed Alteration or, if Tenant is not required to obtain Landlord's consent to the Alteration, within ten (10) days after Tenant notifies Landlord in writing of its intent to make an Alteration, as to whether Tenant will be required to remove the proposed Alteration upon the termination of Tenant's lease of that portion of the Premises in which the Alteration is to be constructed. If Landlord so notifies Tenant within said ten (10)-day period, then Tenant shall have remove the right proposed Alteration and to send Landlord a written notice requesting Landlord to indicate whether Landlord will require repair or restore any damage caused by the installation and removal of such Alteration to be removed upon at the expiration or earlier termination of this Lease (an “Tenant's lease of that portion of the Premises in which the Alteration Removal Request”)is constructed, all at Tenant's sole cost and if Landlord indicates in writing that it will not require removal of such Alterationexpense; provided, then however, Tenant shall not only be required to remove such Alterationthose Alterations which are specified in Landlord's notice. If Landlord fails to respond to Tenant’s Alteration Removal Request within ten Business Days after Landlord’s receipt of such Alteration Removal Request, then Tenant shall have fully and promptly repair all damage caused by the right to send Landlord a second written Alteration Removal Request (a “Second Request”). If Tenant’s Second Request clearly states IN ALL CAPITAL LETTERS that Landlord’s failure to respond to such Second Request within five Business Days after Landlord’s receipt thereof shall be deemed Landlord’s agreement not to require removal of Alterations from the Alteration upon the expiration or earlier termination of this Lease, and if Landlord does not respond Premises. In no event shall Tenant be required to such Second Request within such five Business Day period, then Landlord shall be deemed to have agreed not to require removal remove any of the Alteration described initial Tenant Improvements, except where Landlord has given Tenant written notice that such Tenant Improvements, or portion thereof, must be removed in Tenant’s original Alteration Removal Requestaccordance with this Paragraph 7(d).