Common use of Removal of Property Clause in Contracts

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 2 contracts

Sources: Lease (Biocept Inc), Lease (Biocept Inc)

Removal of Property. 30.1 Except At Landlord's request, Tenant shall remove all of its personal property and (i) all improvements that are part of the Premises Improvements and are identified in the Improvement Agreement as provided belowbeing removable fixtures or improvements, (ii) all trade Exterior Signs, (iii) all improvements, fixtures and equipment that comprise the Tenant Generator or Tenant HVAC System, and (iv) all voice and data cabling and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed telecommunications equipment installed by Tenant at the termination of this Lease either by expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Leasecause, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to pay Landlord for any restoration work under this Article as if the restoration was an alteration, addition damages or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject injury to the provisions of Section 12.2 hereof. 30.4 Leased Premises or the Building resulting from such removal. If Tenant shall fail to remove any fixtures or personal property which it is entitled required to remove under this Article 30 from be removed by Tenant at the Premises prior to termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may dispose remove and store such property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, or permit to be sold, any or all such property at public or private sale, in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, unless notice is required under applicable statutes, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the property costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due to Landlord from Tenant under the provisions of Section 1980 et seq. any of the California Civil Codeterms hereof; and, as such provisions may be modified from time fourth, the balance, if any, to time, or under any other applicable provisions of California lawTenant.

Appears in 2 contracts

Sources: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, Inc.)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease; (c) no Event of Default exists at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, restore wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or wiring for Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building) shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord’s sole election, upon written notice by Landlord to Tenant at the time Tenant submits the plans and specifications for the Tenant Alterations to Landlord for its approval, Tenant shall be obligated, at its sole cost and expense, to remove at the end of the Lease Term or earlier termination of this Lease all (or such portion as Landlord shall designate) of the Removal Alterations (hereinafter defined) (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the same condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)as existed prior to the installation of such Removal Alterations, reasonable wear and tear excepted. At As used herein, the term “Removal Alterations” means any Tenant Alterations (including all Telecommunications Facilities and/or cabling in the Premises or running between the Premises and any other portion of the Building) (i) which Landlord, in response to a minimum, even if they are determined to be fixtures or personal property owned Removal Inquiry (hereinafter defined) by Tenant, indicated to Tenant must be removed by Tenant at the end of the Term; or (ii) with respect to which Tenant did not deliver a Removal Inquiry to Landlord at the time Tenant sough Landlord’s approval of such Tenant Alteration (in accordance with the provisions of this paragraph 4.7). As used herein, the term “Removal Inquiry” means an inquiry by Tenant, made to Landlord contemporaneously with Tenant’s request for approval of any Tenant Alternation, as to whether or not such Alteration must be removed by Tenant at the end of the Lease Term. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall leave in place and repair fail to remove any damage to of its property from the interior floorsPremises, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon Building or Land at the expiration or earlier termination of this Lease, Landlord may, at its option, remove and store such property at Tenant’s expense without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. Tenant shall remain upon pay all reasonable, actual and documented costs incurred by Landlord within fifteen (15) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of thirty (30) days or more, sell or permit to be surrendered with the Premises sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as a part thereof. The provisions of Article 17 Landlord in its sole discretion may deem proper, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys’ fees actually incurred; second, to the payment of the costs or charges for storing any restoration work such property; third, to the payment of any other sums of money which may then be or later become due Landlord from Tenant under this Article as Lease; and, fourth, the balance, if the restoration was an alterationany, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofTenant. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 2 contracts

Sources: Deed of Lease (Opower, Inc.), Deed of Lease (Opower, Inc.)

Removal of Property. 30.1 Except as provided belowUpon expiration or earlier termination of this Lease, all Tenant may remove its personal property, trade fixtures fixtures, office supplies and other personal property placed within office furniture and equipment if (a) such items are readily moveable and are not permanently attached to the Premises at Tenant’s cost and expense Premises; (and not at the cost and expense of Landlordb) shall be and remain the property of Tenant and may be removed by Tenant at such removal is completed prior to the expiration or earlier termination of the term of this Lease. 30.2 ; (c) no Event of Default exists at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All improvements, fixtures and personal other property presently existing in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or later installed Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building) shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord’s sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and any other improvements made return the Premises to the Premises at same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant’s submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord’s expense and cost, shall be and remain the property of Landlord, and approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease, remain upon Landlord shall identify such Tenant Alterations (if any) by a written notice (a “Removal Notice”) to Tenant given at the time of Landlord’s approval of such plans and be surrendered specifications if, but only if, Tenant’s request for approval of such plans and specifications is submitted with a notice at the Premises as top of the page having a part thereof. 30.3 Notwithstanding Section 30.1heading in at least 12-point type, bold and all capital letters stating “LANDLORD’S APPROVAL MUST IDENTIFY ANY TENANT ALTERATIONS WHICH LANDLORD MAY REQUIRE TENANT TO REMOVE UPON THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE”, and Tenant shall have no obligation to remove any Tenant Alterations which have not been so identified by Landlord. In all events, unless otherwise agreed in writing by Landlord, Tenant may not shall be required to remove all wiring and cabling installed in the Building by or at the request of the Tenant. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property if such removal would cause material damage to from the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, restore Landlord may, at its option, remove and return the Premises store such property at Tenant’s expense without liability for loss of or damage to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)such property, reasonable wear and tear excepted. At a minimum, even if they are determined such storage to be fixtures or personal property owned by for the account and at the expense of Tenant, . Tenant shall leave in place and repair pay all reasonable costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any damage such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to the interior floorsbe sold, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney’s fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become the property of due Landlord upon the expiration or earlier termination of from Tenant under this Lease; and, and shall remain upon and be surrendered with fourth, the Premises as a part thereof. The provisions of Article 17 shall apply balance, if any, to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofTenant. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 2 contracts

Sources: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)

Removal of Property. 30.1 Except as provided belowUnless otherwise agreed to in writing by Landlord, all Tenant agrees that there are and shall be no trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the owned by Tenant. Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease (beyond the expiration of any applicable notice and return cure periods) at the time of such removal; and (d) Tenant promptly repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property ) shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions Premises; provided, however, at Landlord’s sole election, upon written notice by Landlord to Tenant at the time of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination approval of the Lease to complete such restorationplans and specifications for the Tenant Alterations, Tenant shall be a tenant obligated, at sufferance subject its sole cost and expense, to remove all (or such portion as Landlord shall have designated at the provisions time of Section 12.2 hereof. 30.4 giving consent to such Tenant Alterations) of the Tenant Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to substantially the same condition as existed prior to such Tenant Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property at Tenant’s expense without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within five (5) Business Days after written demand for such payment. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such safe: first, to the cost and expense of such sale, including reasonable attorney’s fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 2 contracts

Sources: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)

Removal of Property. 30.1 Except as provided belowin Section 10.5 and in this Article 30, all trade fixtures and other personal property placed within the Premises at owned by Tenant (“Tenant’s cost and expense (and not at the cost and expense of LandlordRemovable Property”) shall be and remain the property of Tenant Tenant, and may be removed by Tenant at any time. Landlord waives any and all rights, title and interest Landlord now has, or hereafter may have, whether statutory or otherwise, in Tenant’s Removable Property. At the expiration or earlier termination of the term of this Lease, Tenant shall remove all Tenant’s Removable Property in accordance with this Lease, unless Landlord shall have otherwise agreed in writing. 30.2 All improvementsThe Project, Building and Tenant Improvements, and all fixtures and personal property presently existing in the Premises or later installed at owned by Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and shall, upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, and notwithstanding the provisions of Section 30.1, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the BuildingPremises, all cabling and wiring in the Premises, and the heating, ventilation, air conditioning, plumbing, and electrical systemssystems in the Premises; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof, unless tenant obtains Landlord’s consent pursuant to Section 12.1 prior to the termination or earlier termination of the Lease. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 2 contracts

Sources: Lease (Genelux Corp), Lease (Genelux Corp)

Removal of Property. 30.1 Except as provided belowUpon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, without expense to Landlord, remove or cause to be removed from the Premises the following items, repairing all damage (ordinary wear and tear excepted) caused by the installation or removal of any of the following items: (a) all debris and rubbish, (b) such items of furniture, equipment, business and trade fixtures fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or installed or placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing its expense in the Premises or later installed as part of the Tenant Improvements, including any Communications Equipment (as defined in Paragraph 30.2 below), (c) any Alterations that Landlord timely requires to be removed pursuant to Paragraph 8.5 above, (d) any Lines that Landlord requires to be removed pursuant to Paragraph 24.3, and (e) any signage required to be removed pursuant to Paragraph 27.1. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s expenseelection: (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other improvements made person. Landlord shall have no duty to the Premises at Landlord’s expense and costbe a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall be and remain liable to Landlord for the property costs of: (1) removal of Landlordany such Alterations or personal property, (2) storage, transportation, and disposition of the same, and (3) repair and restoration of the Premises. Except as expressly provided in this Lease, including the Tenant Improvement Agreement, Tenant shall have no obligation to remove any Tenant Improvements shown on the Preliminary Space Plan (as defined in the Tenant Improvement Agreement) upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (Harmonic Inc)

Removal of Property. 30.1 28.1 Upon the expiration of this Lease, Tenant shall remove all goods and effects of Tenant and all fixtures and items required to be removed pursuant to this Lease (including, but not limited to, any such removal required as a result of an election by Landlord to require such removal as contemplated in Section 17.6), and Tenant shall repair any damage. caused by such removal (but Tenant shall not be required to repair, renovate or otherwise improve any other portion of the Premises except as required by the provisions of this Lease). Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) owned by Tenant shall be and remain the property of Tenant Tenant, and may be removed by Tenant at the expiration or earlier termination of the term of this Lease, or at such earlier time as Tenant is not in default hereunder. 30.2 All improvements28.2 The Building and Improvements, and all fixtures and personal property presently existing in the Premises or later installed at owned by Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon Tenant shall surrender the Premises, the Building and be surrendered with the Premises Improvements, including any additions, alterations and improvements thereto, and all items attached thereto (including, but not limited to, sinks, lab benches, fume hoods, wet laboratories and cold rooms), in good, working and sanitary order, condition and repair, and as a part thereofrequired by Section 14.5 hereof, ordinary wear and tear, casualty and condemnation excepted. 30.3 28.3 Notwithstanding Section 30.1Sections 28.1 and 28.2 hereof, Tenant may not remove any personal property if such removal would cause material damage to the Premises, unless such damage damages can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors walls and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofPremises. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should . 28.4 Tenant require expressly waives any period beyond and all interest in any personal property and trade fixtures not removed from the Premises by Tenant at the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then agrees that any such personal property and trade fixtures may, at Landlord’s election, be deemed to have been abandoned by Tenant, and authorizes Landlord may (at its election and without prejudice to any other remedies under this Lease or under applicable law) to remove and either retain, store or dispose of the such property under the provisions of Section 1980 et seq. of the California Civil Codeand Tenant waives all claims against Landlord for any damages-resulting from any such removal, as such provisions may be modified from time to timestorage, retention or under any other applicable provisions of California lawdisposal.

Appears in 1 contract

Sources: Lease (Ligand Pharmaceuticals Inc)

Removal of Property. 30.1 Except as provided below, all trade All fixtures and other personal property placed within paid for by Tenant, including telephone switch equipment and the Premises at Tenant’s cost movable office partitions and expense (and not at the cost and expense of Landlord) systems, shall be and remain the property of Tenant Tenant, and, except as otherwise provided in Sections 30.3 and 30.4, may be removed by Tenant at the expiration or earlier termination of the term of this Lease, or at any earlier time provided Tenant is not then in material default hereunder. Landlord agrees to execute within ten (10) days after request such landlord lien waivers as may reasonably be requested from time to time for Tenant's Removable Property for the benefit of Tenant's lenders. 30.2 All improvements, fixtures The Site Improvements and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, Building Shell shall be and remain the property of Landlord, and shall remain upon and be surrendered with the Premises. 30.3 The Tenant Improvements shall be and remain the property of Tenant throughout the term of the Lease, but shall become the property of Landlord upon the expiration or earlier termination of the Lease, and shall remain upon and be surrendered with the Premises, except for the UPS equipment, generators and Liebert air conditioning system, the dry fire suppressant system (FM 200), and the computer floors, all of which shall remain Tenant's property and may be removed by Tenant upon the expiration or earlier termination of this Lease. All fixtures, remain upon personal property and Tenant Improvements which may be surrendered with removed by Tenant at Lease termination are referred to in this Lease as "Tenant's Removable Property". In any event, all other improvements, additions, alterations, and decorations constructed or installed in the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, by Tenant may not remove any property if such removal would cause material damage that are of general utility to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings operation of the Building, and the heatingexcept for Tenant's Removable Property, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if Premises, including, without limiting the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination generality of the Lease to complete such restorationforegoing, walls, partitions and related coverings; non-computer flooring and floor coverings; ceilings; insulation; doors, frames and related hardware; built-in cabinet work and paneling; lighting fixtures; built-in security systems; "wet" fire sprinkler system; lobbies; rest rooms; mechanical (HVAC) system, including central plant and controls, and including equipment, screens and enclosures; environmental control and monitoring systems; telephone, electrical and other wires and cabling; elevator and related components; plumbing system and fixtures; and electrical and other utility systems and components thereof and appurtenances thereto. Tenant shall be a tenant at sufferance subject to also have the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail right to remove any fixtures improvement, addition, alteration, decoration and/or trade fixture installed or personal property which it is entitled to remove under this Article 30 from constructed in the Premises prior to termination of this Lease, then Landlord may dispose by Tenant that are not part of the property under Building Shell or Tenant Improvements and are not of general utility to the provisions of Section 1980 et seq. operation of the California Civil Code, Building and/or that are used in the operation of Tenant's business so long as any damage caused by such provisions may be modified from time to time, or under any other applicable provisions of California lawremoval is repaired.

Appears in 1 contract

Sources: Lease (Globix Corp)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at Upon the expiration or earlier termination of the term of this Lease. 30.2 All improvementsLease Term, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and upon any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and Tenant shall, without expense to Landlord, remove or cause to be surrendered with removed from the Premises as a part thereof. 30.3 Notwithstanding Section 30.1the following items, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the installation or removal of any of the following items: (a) all debris and rubbish, (b) such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant may not remove any property if such removal would cause material damage to or installed or placed by Tenant at its expense in the Premises, unless and such damage can similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and is repaired by (c) any Alterations that Landlord elects to be removed pursuant to Section 8.5 above. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord’s election: (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the property, and without liability to Tenant or any other person. FurthermoreLandlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall repair any damage be liable to Landlord for the Premises caused by Tenant’s costs of: (1) removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures Alterations or personal property owned by Tenantdescribed in clause (b) above, Tenant shall leave in place (2) storage, transportation, and repair any damage to the interior floors, walls, doors and ceilings disposition of the Buildingsame, and the heating, ventilation, air conditioning, plumbing, (3) repair and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationPremises, Tenant shall be a tenant together with interest thereon at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 Interest Rate from the Premises prior to termination date of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California lawexpenditure by Landlord.

Appears in 1 contract

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

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies and office furniture and equipment at any time during the Lease Term if (a) such items are readily moveable and are not remove any property if such removal would cause material damage permanently attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease; and (c) Tenant immediately repairs all damage caused by or resulting from such removal. All of Tenant’s personal office supplies and office furniture and equipment shall at all times during the Lease Term remain Tenant’s property and may be disposed of, restore transferred or replaced at any time in Tenant’s sole and return absolute discretion. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property ) shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationPremises; provided, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, at Landlord’s sole election made in accordance with Section 4.4, Tenant shall be a tenant obligated, at sufferance subject its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the provisions of Section 12.2 hereof. 30.4 same condition as existed prior to such Tenant Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property at Tenant’s expense without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within ten (10) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney’s fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Office Lease (Mannkind Corp)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this ------------------- Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal; and Tenant shall immediately remove all such property if requested to do so by Landlord. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises Premises, except as a part thereofmay be otherwise provided in the paragraph captioned "Tenant Alterations" or the ------------------ paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". The provisions of Article 17 shall apply Tenant ------------------------------------------------- waives all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation for such property. If, addition or improvement thereunder. Should Tenant require any period beyond at the expiration or earlier termination of the this Lease to complete or at such restorationtime as Landlord exercises its right of re-entry, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail has failed to remove any fixtures property from the Premises, Building or personal property Land which it is entitled or required to remove under this Article 30 from the Premises prior to termination of as provided in this Lease, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second to the ------ payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth the balance, if any, to Tenant.

Appears in 1 contract

Sources: Office Lease (Onepoint Communications Corp /De)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and moveable office furniture and equipment not remove any property if such removal would cause material damage attached to the Premises; provided that, unless (a) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (b) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article permanently affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)floor, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures walls or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings ceiling of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as unless removal of any such item was a part thereof. The provisions condition of Article 17 shall apply Landlord's consent to any restoration work under this Article as if the restoration was an alteration, addition proposed Tenant Alteration. Tenant waives all rights to any payment or improvement thereundercompensation for such Tenant Alterations. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, after it has been stored for a period of twenty (20) Business Days or more, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Office Lease (Rosetta Inpharmatics Inc)

Removal of Property. 30.1 Except as provided below, Tenant's Property, and all trade other fixtures and other personal property placed within the Premises at owned by Tenant’s cost and expense (and not at the cost and expense of Landlord) , shall be and remain the property of Tenant Tenant, and may be removed by Tenant at the expiration or earlier termination of the of the term of this Lease, or at such earlier time as Tenant is not in default hereunder. 30.2 All improvementsExcept as provided below, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, 's Collateral shall be and remain the property of LandlordTenant, and may be removed by Tenant at the expiration of the term of this Lease, or at such earlier time as Tenant is not in default hereunder, subject to the provisions of the Security Agreement and Fixture Filing between Landlord and Tenant executed concurrently herewith. 30.3 Landlord's Property, and all fixtures (other than trade fixtures) and personal property not owned by Tenant, and all other Improvements, additions, alterations, and decorations attached to or built into the Premises, including (without limiting the generality of the foregoing) all wallcoverings, built-in cabinet work and paneling, shall, unless Landlord elects otherwise, become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. 30.3 30.4 Notwithstanding Section 30.1Sections 30.1 and 30.2 hereof, Tenant may not remove any property property, including any portion of Landlord's Collateral or Tenant's Property, if such removal would cause material damage to the Premises, unless such damage damages can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s 's removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenantregardless of the ownership of such improvements, Tenant shall leave in place and repair any damage to the interior floors, walls, doors walls and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofPremises. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall restoration, Tenant hall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 30.5 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et at seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Sublease Agreement (Affymetrix Inc)

Removal of Property. 30.1 Except as provided belowUpon expiration or earlier termination of this Lease, all Tenant may remove its personal property, trade fixtures fixtures, office supplies and other personal property placed within office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises at Tenant’s cost and expense Premises, or if they are attached to the Premises, Tenant complies with subsection (and not at the cost and expense d) of Landlordthis Paragraph 4.7; (b) shall be and remain the property of Tenant and may be removed by Tenant at such removal is completed prior to the expiration or earlier termination of the term of this Lease. 30.2 ; (c) no Event of Default exists at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All improvements, fixtures and personal other property presently existing in the Premises or later installed at Landlord’s expense, and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other improvements made articles affixed to the floor, walls, ceiling or any other part of the Premises at Landlord’s expense and cost, or Building) shall be and remain become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant's submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord's approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease, remain upon and be surrendered with Landlord shall identify such Tenant Alterations (if any) by notice to Tenant given at the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, time of Landlord's approval of such Tenant may not Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property if such removal would cause material damage to from the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, restore Landlord may, at its option, remove and return the Premises store such property at Tenant's expense without liability for loss of or damage to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)such property, reasonable wear and tear excepted. At a minimum, even if they are determined such storage to be fixtures or personal property owned by for the account and at the expense of Tenant, . Tenant shall leave in place and repair pay all actual out-of -pocket costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any damage such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to the interior floorsbe sold, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become the property of due Landlord upon the expiration or earlier termination of from Tenant under this Lease; and, and shall remain upon and be surrendered with fourth, the Premises as a part thereof. The provisions of Article 17 shall apply balance, if any, to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofTenant. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Gross Lease (Lightbridge Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and moveable office furniture and equipment not remove any property if such removal would cause material damage attached to the Premises; PROVIDED THAT, unless (a) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (b) such removal is not in violation of Landlord's statutory lien rights; and return (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)floor, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures walls or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings ceiling of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as unless removal of any such item was a part thereof. The provisions condition of Article 17 shall apply Landlord's consent to any restoration work under this Article as if the restoration was an alteration, addition proposed Tenant Alteration. Tenant waives all rights to any payment or improvement thereundercompensation for such Tenant Alterations. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature from the Premises prior to Premises, Buildings or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, after it has been stored for a period of twenty (20) Business Days or more, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Lease Agreement (Integrated Measurement Systems Inc /Or/)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at Upon the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier sooner termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if its trade fixtures, office supplies and movable office furniture and equipment provided (a) such removal would cause material is made prior to the termination or expiration of this Lease, (b) Tenant is not in default under any provision of this Lease beyond any applicable notice and cure periods at the time of such removal, and (c) Tenant immediately repairs all damage to caused by or resulting from such removal. If Tenant has, in connection with its lease of the Premises, unless such damage can be and is repaired by Tenant. Furthermoreelected to upgrade the generator that Landlord would otherwise have provided to operate the life safety systems of the Building, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to then upon the expiration or earlier sooner termination of this Lease, restore Landlord may retain such generator by paying to Tenant the depreciated value of the generator based on a fifteen (15) year useful life and return the actual cost of such generator, including sales tax, less the amount that would be the depreciated value of the generator based on a fifteen (15) year useful life and a purchase price of $64,000.00 plus sales tax. All other property in the Premises and any alterations or additions thereto (including, without limitation, wall-to- wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)floor, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures wall or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings ceiling of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property Premises shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply Premises, Tenant hereby waiving all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation therefor. If, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, Landlord so requests in writing, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to shall, upon termination of this Lease, then remove such alterations, additions, fixtures, equipment and property placed or installed by Tenant in the Premises subsequent to the completion of the tenant improvements to be made pursuant to Exhibit E and to which Landlord --------- withheld its consent under the terms of Section 13 above, and shall immediately repair any damage caused by or resulting from such removal to the condition of the Premises prevailing upon commencement of this Lease, reasonable wear and tear excepted. If Tenant fails to remove any of its property of any nature whatsoever from the Premises or the Building at the termination of this Lease or when Landlord has the right of reentry, Landlord may, at its option, remove and store said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant does not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell or permit to be sold any or all of such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its reasonable discretion may deem proper without notice to Tenant, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the property costs or charges for storing any such property; third, to the payment or any other sums of money which may then be or thereafter become due Landlord from Tenant under the provisions of Section 1980 et seq. any of the California Civil Codeterms hereof; and fourth, as such provisions may be modified from time the balance, if any, to time, or under any other applicable provisions of California lawTenant.

Appears in 1 contract

Sources: Lease Agreement (Stamps Com Inc)

Removal of Property. 30.1 Except as provided below‌ Unless otherwise agreed to in writing by ▇▇▇▇▇▇, all ▇▇▇▇▇▇ agrees that there are and shall be no trade fixtures and other personal property placed within on the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and owned by ▇▇▇▇▇▇ except as may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing described in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Section 9 above. Upon expiration or earlier termination of this Lease, remain upon Lessee shall remove its personal property and be surrendered with equipment immediately and repair all damage caused by or resulting from such removal. All other property on the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove and any property if such removal would cause material damage to Lessee’s Existing Improvements (including the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings surface of the Building, asphalt paving and the heating, ventilation, air conditioning, plumbing, non-County constructed retaining walls) and electrical systems; all such property ▇▇▇▇▇▇’s New Improvements (including the surface of the parking spaces and the non-County constructed retaining walls) shall become the property of Landlord upon the expiration or earlier termination of this Lease, Lessor and shall remain upon and be surrendered with the Premises; provided, however, at Lessor’s sole election, Lessee shall be obligated, at its sole cost and expense, to remove all (or such portion as Lessor shall designate) of the Lessee’s Existing and New Improvements, excepting the non-County constructed retaining walls and asphalt paving, and repair any damages resulting from such removal and return the Premises to the same condition as a part thereofexisted prior to such ▇▇▇▇▇▇’s Existing and New Improvements. The provisions of Article 17 shall apply Lessee waives all rights to any restoration work under this Article as if payment or compensation for such ▇▇▇▇▇▇’s Existing and New Improvements. If Lessee shall fail to remove any of its property from the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond Premises at the expiration or earlier termination of this Lease or when Lessor has the Lease right of re-entry, Lessor may, at its option, remove and store such property at Lessee’s expense without liability for loss of or damage to complete such restorationproperty, Tenant such storage to be for the account and at the expense of Lessee. Lessee shall pay all costs incurred by Lessor within five (5) Business Days after demand for such payment. If Lessee fails to pay the cost of storing any such property, Lessor may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Lessor may become a tenant purchaser at sufferance subject such sale), in such manner and at such times and places as Lessor in its sole discretion may deem proper, without notice to Lessee, and Lessor shall apply the proceeds of such sale: first, to the provisions cost and expense of Section 12.2 hereof. 30.4 If Tenant shall fail such sale, including reasonable attorney’s fees actually incurred; second, to remove the payment of the costs or charges for storing any fixtures such property; third, to the payment of any other sums of money which may then be or personal property which it is entitled to remove later become due Lessor from Lessee under this Article 30 from Lease; and, fourth, the Premises prior balance, if any, to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California lawLessee.

Appears in 1 contract

Sources: Lease Agreement

Removal of Property. 30.1 Except (a) Subject to compliance with the HUD Loan Documents and, in all material respects, with Applicable Law, so long as provided belowno Default or Event of Default shall have occurred and be continuing, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and Lessee may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, remove any Severable Modification and any other improvements made property to which the Lessee shall have title as provided in Section 8.4 or otherwise, provided that the Lessee, at its expense and prior to the Premises at Landlord’s expense and costLease Termination Date, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises Assets (or any part thereof) caused by Tenant’s such removal and (in the case of any removal of property not constituting a Severable Modification) shall restore (in all material respects) any diminishment in the value, utility or remaining useful life of the Assets caused by such propertyremoval. (b) In addition, if at any time during the Term the Lessee shall conclude that any IPC Tangible Personal Property or any fixture or appurtenance thereto (or any part thereof, other than consumables) in respect of which the Lessor shall have title is obsolete or redundant and shallcan be removed without causing any material diminishment of the value, utility or remaining useful life of the remaining Assets as a whole (below that of all of the Assets prior to such removal, assuming the expiration or earlier termination of this Lease, restore and return Lessee's compliance with the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination terms of this Lease, and when aggregated with any diminishment in such value, utility or remaining useful life caused by any prior removal of IPC Tangible Personal Property or fixtures) and provided (i) no Default or Event of Default shall remain upon have occurred and be surrendered with continuing, (ii) all applicable consents have been obtained (including those required under the Premises as a part thereof. The provisions HUD Loan Documents) and (iii) in the Lessee's reasonable opinion the value of Article 17 such property is $100,000 or less, the Lessee may remove such property and title to such property shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject pass to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail Lessee without any obligation to remove any fixtures or personal property which it is entitled to remove under this Article 30 from replace same; provided, however, that if in the Premises prior to termination of this LeaseLessee's reasonable opinion, then Landlord may dispose the value of the property so removed at any time exceeds $100,000, the Lessee shall give notice to the Lessor 30 days prior to such removal and shall comply with any reasonable directive received from the Lessor within 30 days after receiving such notice regarding the disposition of such property. At the Lessor's request (contained in such directive), the Lessee agrees, at its cost, to crate and deliver such property to a place to be designated by the Lessor in the greater Richmond metropolitan area or to attempt to sell such property on the Lessor's behalf and remit to the Lessor the net proceeds of such sale. (c) Provided no Default or Event of Default shall have occurred and be continuing and all applicable consents have been obtained (including those required under the provisions HUD Loan Documents), the Lessee may remove and replace IPC Tangible Personal Property or fixtures and appurtenances thereto. If any such property is removed from the IPC Improvements (or any part thereof) for the purpose of Section 1980 et seq. replacement thereof with other property of equal or greater value and utility, title to such removed property shall remain in the Lessor, no matter where such removed property is located, until such time as a replacement property of equal or greater value shall have been incorporated into the IPC Improvements, at which time, without further act, title to such removed property shall vest in the Lessee or in such Person as shall be designated by the Lessee, and such removed property shall not thereafter be part of the California Civil CodeAssets. Each such replacement property shall be free and clear of all Liens (except Permitted Liens), shall upon installation become a part of the Assets (with title thereto vesting in the Lessor), and shall be in as such provisions may be modified from time to timegood physical and operating condition as, or under any other applicable provisions of California law.and shall have a value, utility and

Appears in 1 contract

Sources: Deed of Lease (American Retirement Corp)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon ------------------- Tenant shall remove its personal property, supplies and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may furniture and equipment if (a) such items are moveable and are not remove any property if such removal would cause material damage permanently attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) there exists no uncured Event of Default by Tenant at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The Premises, except that any Tenant Alterations which did not require Landlord's consent pursuant to the provisions of Article 17 paragraph 4.4 above shall apply be removed by Tenant unless Tenant obtained Landlord's written approval to any restoration work under this Article as if surrender such Tenant Alterations with the restoration was an alterationPremises; provided, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination however, at Landlord's sole election made in Landlord's approval of the Lease to complete such restorationaffected Tenant Alterations, Tenant shall be a tenant obligated, at sufferance subject its sole cost and expense, to remove all (or such portion as Landlord shall have designated) of the provisions of Section 12.2 hereof. 30.4 Tenant Alterations and repair any damages resulting from such removal. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its commercially reasonable discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such ----- sale, including reasonable attorney's fees actually incurred; second, to the ------ payment of the property under costs or charges for storing any such property; third, to the provisions ----- payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to ------ Tenant.

Appears in 1 contract

Sources: Lease (Sonosite Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the Upon expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier sooner termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment not remove any property if attached to the Building provided (a) such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, made prior to the termination or expiration or earlier termination of this Lease, restore (b) Tenant is not in material default under any provision of this Lease at the time of such removal, and return (c) Tenant immediately repairs all damages caused by or resulting from such removal. All other property in the Premises and any alterations thereto (including, without limitation, wall-to-wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixes to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)floor, reasonable wear and tear excepted. At a minimum, even if they are determined wall to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings ceiling of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property Premises shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises, Tenant hereby waiving all rights to any payment or compensation therefore. If, however, Landlord so requests in writing, Tenant will, upon termination of this Lease, remove such alterations, additions, fixtures, equipment and property placed or installed by it in the Premises as a part thereof. The provisions of Article 17 shall apply requested by Landlord, and will immediately repair any damage caused by or resulting from such removal to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination condition of the Lease to complete such restorationPremises prevailing upon commencement of this Lease, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 reasonable wear and tear expected. If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature whatsoever from the Premises prior to or the Building at the termination of this LeaseLease or when Landlord has the right of reentry, then Landlord may dispose at its option, remove and store said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost or storing any such property after it has been stored for a period of 30 days or more, Landlord may, at its option, sell, or permit to be sold, any of all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and place as Landlord in its sole discretion may deem proper without notice to Tenant, and shall apply the proceeds of such sale: first, to the cost and expense or such sale, including reasonable attorneys' fees actually incurred; second, to the payment of costs or charges for storing any such property; third, to the payment or any other sums of money which may then be or thereafter become due landlord from Tenant under any of the property under terms hereof; and fourth, the provisions of Section 1980 et seq. of the California Civil Codebalance, as such provisions may be modified from time if any, to time, or under any other applicable provisions of California lawTenant.

Appears in 1 contract

Sources: Lease Agreement (Synchronoss Technologies Inc)

Removal of Property. 30.1 Except (a) Subject to compliance with ------------------- Applicable Laws, so long as provided belowno Event of Default or Specified Default shall have occurred and be continuing, all trade fixtures and other personal property placed within Lessee from time to time may remove any Severable Modification (or any Part in replacement thereof or in substitution therefor). Notwithstanding the Premises at Tenant’s cost and expense foregoing, if Lessee does not exercise a purchase option under Article XV hereof with respect to the Equipment, Lessee will (and i) notify Lessor in writing not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at less than 90 days prior to the expiration or earlier termination of the term Lease Term of any Severable Modification that Lessee is entitled to remove and intends to remove in accordance with this Lease. 30.2 All improvements, fixtures Section 7.06(a) and personal property presently existing in the Premises or later installed (ii) afford Lessor an opportunity to purchase such Severable Modification at Landlord’s expense, and any other improvements made a cash price equal to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part Fair Market Sale Value thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove . In any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall event Lessee will repair any damage to the Premises Equipment caused by Tenant’s the removal of a Severable Modification therefrom as provided herein. (b) In addition, if at any time during the Lease Term Lessee shall conclude that any property included in the Equipment to which Lessor shall have title (other than a Severable Modification that may be removed as provided in Section 7.06(a)) is unnecessary and can be removed without diminishment of the fair market value, residual value, utility or remaining useful life of the Equipment, Lessee may remove such property; provided, however, that, if, in the -------- ------- reasonable judgment of Lessee, the sum of the net proceeds from a disposition of such property plus the net proceeds from any and shall, all prior dispositions of property of the type referred to the expiration or earlier termination of in this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by LandlordSection 7.06(b), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings would exceed 0.5% of Lessor's Cost of the BuildingEquipment, and the heatingthen, ventilation, air conditioning, plumbing, and electrical systems; Lessee shall give Lessor reasonably prompt notice of all such property shall become so removed, which notice will request Lessor's direction as to the property disposition of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofsuch property. The provisions of Article 17 shall apply If Lessor does not respond to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination such notice within 60 days of the Lease to complete such restorationdate of delivery thereof, Tenant shall be a tenant at sufferance subject to the provisions Lessee may, on behalf of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this LeaseLessor, then Landlord may dispose of such property in a commercially reasonable manner and upon such disposal, without further act, title thereto shall vest in the property under purchaser thereof, on an "as-is, where-is" basis, without recourse or warranty and free and clear of any Lien or other interest in favor of Lessor or the provisions Owner Participant. Lessee shall pay over to Lessor any net proceeds received from such dispositions in excess of Section 1980 et seq. 0.5% of Lessor's Cost of the California Civil Code, as such provisions may be modified from Equipment. From time to timetime at the request of Lessee and at Lessee's expense, or under any other applicable provisions of California lawLessor shall take such action as is reasonably practicable to confirm the relevant purchaser's title to such property.

Appears in 1 contract

Sources: Lease Agreement (SDW Holdings Corp)

Removal of Property. 30.1 Except as provided belowAt or before the Expiration Date of this Contract , all trade fixtures and other personal property placed or the date of any earlier termination hereof or within fifteen (15) days after such an earlier termination date, Tenant, at its expense, shall remove from the Premises at all of Tenant’s cost and expense 's Property (and not at except such items thereof as which Landlord shall have expressly permitted in writing to remain, which property shall become the cost and expense Property of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense), and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s or the Property resulting from any installation and/or removal of any such propertyTenant's Property. Any other items of Tenant's Property which shall remain in the Premises after the Expiration Date of this Contract , or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and shallin such case, prior such items may be retained by Landlord as its property or disposed of by Landlord for its own account, without liability to Tenant, or parties claiming through Tenant in such manner as Landlord shall determine, at Tenant's expense. Tenant shall indemnify Landlord for claims resulting from such removal. Notwithstanding the expiration or earlier termination foregoing, if Tenant is in default under the terms of this LeaseContract , restore and return it shall only remove Tenant's Property from the Premises to upon the condition they were express, written direction of Landlord. If directed by Landlord in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenantwriting, Tenant shall leave in place also remove at its expense at or before the time specified for removal of Tenant's Property, any or all of the items of Landlord's Property installed or built on the premises as a part of the Alterations and Tenant shall repair any damage to the interior floors, walls, doors and ceilings Premises or the Property resulting from the installation or removal of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofsaid item. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationIn removing Tenant's Property, Tenant shall be a tenant at sufferance subject not impede, impair or interfere with the operation of Landlord's transit service or the flow of passengers to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 and from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California lawtrain lines.

Appears in 1 contract

Sources: Concession Agreement

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and moveable office furniture and equipment not remove any property if such removal would cause material damage attached to the Premises, unless ; provided that (a) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (b) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)floor, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures walls or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings ceiling of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as unless removal of any such item was a part thereof. The provisions condition of Article 17 shall apply Landlord's consent to any restoration work under this Article as if the restoration was an alteration, addition proposed Tenant Alteration. Tenant waives all rights to any payment or improvement thereundercompensation for such Tenant Alterations. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature from the Premises prior to or Project at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, after it has been stored for a period of twenty (20) Business Days or more, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second to the payment of the property under costs or charges for storing any such property; third to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth the balance, if any, to Tenant.

Appears in 1 contract

Sources: Sublease Agreement (MLC Holdings Inc)

Removal of Property. 30.1 Except as provided below‌ Unless otherwise agreed to in writing by ▇▇▇▇▇▇, all ▇▇▇▇▇▇ agrees that there are and shall be no trade fixtures and other personal property placed within on the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed owned by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing ▇▇▇▇▇▇ except as described in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Section 9 above. Upon expiration or earlier termination of this Lease, remain upon Lessee shall remove its personal property and be surrendered with equipment immediately and repair all damage caused by or resulting from such removal. All other property on the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove and any property if such removal would cause material damage to Lessee Alterations (including the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings surface of the Building, parking lot and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property concrete portion of the flood wall) shall become the property of Landlord upon the expiration or earlier termination of this Lease, Lessor and shall remain upon and be surrendered with the Premises; provided, however, at Lessor’s sole election, Lessee shall be obligated, at its sole cost and expense, to remove all (or such portion as Lessor shall designate) of the Lessee Alterations, including the terrace improvements but excluding all concrete and slate as mentioned prior in this paragraph, and repair any damages resulting from such removal and return the Premises to the same condition as a part thereofexisted prior to such Lessee Alterations. The provisions of Article 17 shall apply Lessee waives all rights to any restoration work under this Article as if payment or compensation for such Lessee Alterations. If Lessee shall fail to remove any of its property from the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond Premises at the expiration or earlier termination of this Lease or when Lessor has the Lease right of re-entry, Lessor may, at its option, remove and store such property at Lessee’s expense without liability for loss of or damage to complete such restorationproperty, Tenant such storage to be for the account and at the expense of ▇▇▇▇▇▇. Lessee shall pay all costs incurred by Lessor within five (5) Business Days after demand for such payment. If Lessee fails to pay the cost of storing any such property, Lessor may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Lessor may become a tenant purchaser at sufferance subject such sale), in such manner and at such times and places as Lessor in its sole discretion may deem proper, without notice to Lessee, and Lessor shall apply the proceeds of such sale: first, to the provisions cost and expense of Section 12.2 hereof. 30.4 If Tenant shall fail such sale, including reasonable attorney’s fees actually incurred; second, to remove the payment of the costs or charges for storing any fixtures such property; third, to the payment of any other sums of money which may then be or personal property which it is entitled to remove later become due Lessor from Lessee under this Article 30 from Lease; and, fourth, the Premises prior balance, if any, to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California lawLessee.

Appears in 1 contract

Sources: Lease Agreement

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at Upon the expiration or earlier termination of the term of this Lease. 30.2 All improvementsLease Term, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and upon any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and Tenant shall, without expense to Landlord, remove or cause to be surrendered with removed from the Premises as a part thereof. 30.3 Notwithstanding Section 30.1the following items, and shall restore the Premises to its condition prior to their installation, including, without limitation, repairing all damage caused by the installation or removal of any of the following items: (a) all debris and rubbish, (b) such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant may not remove any property if such removal would cause material damage to or installed or placed by Tenant at its expense in the Premises, unless and such damage can similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and is repaired by (c) any Alterations that Landlord elects to be removed pursuant to Section 8.5 above. If Tenant does not timely remove such property, then Tenant shall be conclusively presumed to have, at Landlord's election: (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant's sole cost, without waiving Landlord's right to claim from Tenant all expenses arising out of Tenant's failure to remove the property, and without liability to Tenant or any other person. FurthermoreLandlord shall have no duty to be a bailee of any such personal property. If Landlord elects to consider such property abandoned, Tenant shall repair any damage be liable to Landlord for the Premises caused by Tenant’s costs of: (1) removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures Alterations or personal property owned by Tenantdescribed in clause (b) above, Tenant shall leave in place (2) storage, transportation, and repair any damage to the interior floors, walls, doors and ceilings disposition of the Buildingsame, and the heating, ventilation, air conditioning, plumbing, (3) repair and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationPremises, Tenant shall be a tenant together with interest thereon at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 Interest Rate from the Premises prior to termination date of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California lawexpenditure by Landlord.

Appears in 1 contract

Sources: Office Lease (Netgear, Inc)

Removal of Property. 30.1 Except Tenant hereby irrevocably appoints Landlord as provided belowagent and attorney-in-fact of Tenant, to enter upon the Premises on the occurrence of an Event of Default and to remove any and all trade fixtures furniture and other personal property placed within whatsoever situated upon the Premises. Any and all property which may be removed from the Premises at Tenant’s cost and expense (and not by Landlord pursuant to the authority of this Lease or of law, to which Tenant is or may be entitled, may be handled, removed or stored by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord) , upOn demand, all expenses incurred in such removal and all storage charges against such property so long as the same shall be in Landlord's possession or under Landlord's control. Landlord may place such property in storage for the account of, and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination expense of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expenseTenant, and if Tenant fails to pay the cost of storing such property after it has been stored for a period of ninety (90) days or more, Landlord may sell any other improvements made or all of such property in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to or demand upon Tenant for the Premises at Landlord’s expense and cost, shall be and remain payment of any part of such charges or the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any of such property and shall apply the proceeds thereof, first to such sale, including reasonable attorneys' fees; second, to the payment of the costs and charges of storing any property; third, to the payment of any other sums of money which may then or thereafter be due to Landlord from Tenant under any of the terms hereof, and shallfourth, prior the balance, if any, to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions removal and storage of Article 17 Tenant's property as above provided shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination not constitute a waiver of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofLandlord's lien thereon. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (Newagecities Com Inc)

Removal of Property. 30.1 Except as provided belowin this Article 30, all trade fixtures and other personal property placed within the Premises at owned by Tenant ("Tenant’s cost and expense (and not at the cost and expense of Landlord's Removable Property") shall be and remain the property of Tenant Tenant, and may be removed by Tenant at any time. Landlord waives any and all rights, title and interest Landlord now has, or hereafter may have, whether statutory or otherwise, in Tenant's Removable Property. At the expiration or earlier termination of the term of this Lease, Tenant shall remove all Tenant's Removable Property in accordance with this Lease, unless Landlord shall have otherwise agreed in writing. As used in the Lease, "Tenant's Removable Property" includes all of Tenant's inventory, equipment, trade fixtures, furniture, furnishings, books and records and other personal property, including without limitation any and all vacuum pumps, uninterruptible power systems, warehouse racks, parts racks, scientific research equipment, portable cold rooms, movable unattached lunch room and office furnishings and equipment, telecommunications and data equipment (other than cabling), machine shop tools and portable equipment, portable glass wash equipment, equipment monitoring systems, air compressors, emergency generators, fume hoods, and machines and equipment used to produce Tenant's products, unless any such items were installed by Landlord at Landlord's cost as part of the Tenant Improvements described on Exhibit "E". 30.2 All improvementsThe Project, Building and Tenant Improvements (except as set forth in Section 30.3 below), and all fixtures and personal property presently existing in the Premises or later installed at owned by Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and shall, upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 That portion of the Tenant Improvements paid for by Tenant shall be and remain the property of Tenant; provided, however, all such Tenant Improvements (other that fixtures and personal property described in Section 30.1) shall, upon the expiration or earlier termination of this Lease, become the property of Landlord and remain upon and be surrendered with the Premises as a part thereof. Prior to the Term Commencement Date, Landlord and Tenant shall identify in writing portions of the Tenant Improvements equal in value to the portion of the Tenant Improvements paid for by Tenant, and those portion paid for by Landlord from the Tenant Improvement Allowance or otherwise. 30.4 Notwithstanding Section 30.130.1 and 30.3, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s 's removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear exceptedtear, casualty, condemnation, and alterations not required to be removed by Tenant. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the BuildingPremises, all case work installed as part of the Tenant Improvements, all cabling and wiring in the Premises, and the heating, ventilation, air conditioning, plumbing, and electrical systemssystems in the Premises; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof, unless Tenant obtains Landlord's consent pursuant to Section 12.1 prior to the termination or earlier termination of the Lease, which consent shall not be unreasonably withheld or delayed. 30.4 30.5 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may store such property at Tenant's expense and dispose of the property under the applicable provisions of Section 1980 et seq. of the California Civil CodeWashington law, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease (Nastech Pharmaceutical Co Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration On or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon before the expiration or earlier termination of this Lease, remain upon Tenant shall remove its trade fixtures, personal property, office supplies and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to office furniture and equipment from the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair all damage caused by or resulting from such removal. All other property in the Premises and any damage Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or any other article affixed to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property ) shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises Premises; provided, however, at Landlord’s sole election, Tenant shall, at Tenant’s sole cost and expense, remove (i) all low-voltage wiring installed in the Premises, and (ii) all (or such portion as a part thereof. The provisions of Article 17 Landlord shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination designate) of the Lease Tenant Improvements and/or Tenant Alterations which constitute “specialty items” (such as raised flooring, supplemental HVAC equipment and systems, decorative water features and the like) of which Landlord informed Tenant in writing at the time of Landlord’s review of Tenant’s plans and drawings and Landlord’s consent to complete such restorationthe Tenant Improvements and/or Tenant Alterations, as the case may be, or which Tenant installed in the Premises without Landlord’s consent, and in each case, Tenant shall be a tenant at sufferance subject repair any damages resulting from such removal and return the Premises to the provisions of Section 12.2 hereof. 30.4 same condition as existed prior to such installation or work, reasonable wear and tear excepted. Tenant waives all rights to any payment or compensation for such Tenant Improvements and/or Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any fixtures of its property from the Premises, Building or personal property Land which it Tenant is entitled required to remove under this Article 30 from at the Premises prior to expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property at Tenant’s expense without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all documented out-of-pocket costs incurred by Landlord within thirty (30) days after demand for such payment. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney’s fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Lease (Mattersight Corp)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises Premises, except as a part thereofmay be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". The provisions of Article 17 shall apply Tenant waives all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation for such property. If, addition or improvement thereunder. Should Tenant require any period beyond at the expiration or earlier termination of the this Lease to complete or at such restorationtime as Landlord exercises its right of re-entry, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail has failed to remove any fixtures property from the Premises, Building or personal property Land which it is entitled or required to remove under this Article 30 from the Premises prior to termination of as provided in this Lease, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second to the payment of the property under costs or charges for storing any such property; third to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth the balance, if any, to Tenant.

Appears in 1 contract

Sources: Lease (Integrated Information Systems Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) All Alterations shall be and remain become the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property ------------------- of Landlord, and shall be surrendered to Landlord, upon the expiration or earlier termination of this Lease; provided, remain upon however, that this provision shall not apply to movable equipment, trade fixtures, personal property or furniture owned by Tenant ("Tenant Owned Property"), including the Generator Equipment, the HVAC Equipment and the Other Equipment (which terms are defined in Article 19). At Landlord's sole election, any or all Alterations made by or on behalf of Tenant shall be surrendered with removed from the Premises as a part thereof. 30.3 Notwithstanding Section 30.1at Tenant's sole cost and expense at the expiration or sooner termination of this Lease (provided that, Tenant may not remove if Landlord's consent was required for any property if Alteration, such removal would cause material damage to shall be required only if Landlord expressly conditioned its consent upon the Premises, unless requirement that Tenant remove such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the Alteration upon expiration or earlier termination of this Lease), restore and return the Premises shall be restored, at Tenant's sole cost and expense, to their condition before the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear exceptedmaking of such Alterations. At a minimum, even if they are determined to be fixtures or personal property owned by TenantNotwithstanding the foregoing, Tenant shall leave in place have the right to elect not to remove conduit, cabling, piping, electrical conductors or standard office equipment. Tenant shall repair at its sole cost and repair any expenses all damage caused to the interior floors, walls, doors and ceilings Premises or the Building by removal of any Alterations or Tenant Owned Property. Any Tenant Owned Property not removed from the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon Premises before the expiration or earlier termination this Lease shall, at Landlord's option, become the property of this LeaseLandlord, or Landlord may remove them and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject pay to Landlord the provisions cost of removal. Tenant waives and releases its rights under Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. 1019 of the California Civil Code, as such provisions may be modified from time or any similar law now or hereafter in effect, to time, or under any other applicable the extent inconsistent with the provisions of California lawthis Lease.

Appears in 1 contract

Sources: Office Building Lease (Inflow Inc)

Removal of Property. 30.1 Except as provided belowUnless otherwise agreed to in writing by Landlord, all Tenant agrees that there are and shall be no trade fixtures and other personal property placed within in the Premises at owned by Tenant’s cost . Upon expiration or earlier termination of this Lease, Tenant may remove its personal property, office supplies and expense office furniture and equipment if (a) such items are readily moveable and are not at attached to the cost and expense of LandlordPremises; (b) shall be and remain the property of Tenant and may be removed by Tenant at such removal is completed prior to the expiration or earlier termination of the term this Lease; (c) Tenant is not in default of any covenant or condition of this Lease. 30.2 Lease at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All improvements, fixtures and personal other property presently existing in the Premises or later installed at Landlord’s expense, and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other improvements made article affixed to the floor, walls, ceiling or any other part of the Premises at Landlord’s expense and cost, or Building) shall be and remain become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities, but excluding the Tenant Improvements (the removal of which is governed by Paragraph 2.5.2 hereof)), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant's submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord's approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease, remain upon and be surrendered with Landlord shall identify such Tenant Alterations (if any) by notice to Tenant given at the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, time of Landlord's approval of such Tenant may not Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property if such removal would cause material damage to from the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, restore Landlord may, at its option, remove and return the Premises store such property at Tenant's expense without liability for loss of or damage to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)such property, reasonable wear and tear excepted. At a minimum, even if they are determined such storage to be fixtures or personal property owned by for the account and at the expense of Tenant, . Tenant shall leave in place and repair pay all costs incurred by Landlord within ten (10) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any damage such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to the interior floorsbe sold, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become the property of due Landlord upon the expiration or earlier termination of from Tenant under this Lease; and, and shall remain upon and be surrendered with fourth, the Premises as a part thereof. The provisions of Article 17 shall apply balance, if any, to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofTenant. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Gross Lease (Clicksoftware Technologies LTD)

Removal of Property. 30.1 Except as provided belowUpon the expiration, all trade fixtures termination or cancellation of this Lease, Lessee shall surrender the Leased Premises and any other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant Owner used by Lessee pursuant to this Lease in good order and may be removed by Tenant at condition and in compliance with all governmental laws, ordinances, rules, regulations, requirements and orders affecting conditions or the expiration activities of Lessee on the Leased Premises or earlier termination such other property or pertaining to reclamation of the Leased Premises or such other property including, but not limited to, those relating to the reclamation, restoration, reconditioning or conservation of lands and waters or to air and water quality which are in effect or which become effective during the term of this Lease. 30.2 All improvements. Lessee shall have twelve (12) months from date of expiration, fixtures termination, or cancellation to remove all its machinery, tools, facilities, and personal property presently existing in improvements from the Leased Premises or later installed at Landlord’s expense, and any other property of Owner used by Lessee pursuant to this Lease; provided, however, that no tools, machinery, facilities, or improvements made to the Premises at Landlord’s expense and cost, shall be and remain removed while Lessee may be in any manner indebted to Owner under any obligation imposed by this Lease. Lessee shall not remove any timbers or improvements which may be necessary or desirable to leave in the Leased Premises or any other property of LandlordOwner used by Lessee pursuant to this Lease to protect their value as a mining property or to prevent subsidence, unless prior written approval is obtained from Owner to do so. When any mining operations on the Leased Premises are suspended and upon the expiration expiration, termination or earlier termination cancellation of this Lease, remain upon Lessee shall backfill or in some manner effectively close or blockade all shafts, tunnels, or other surface openings and be surrendered with shall fence all surface pits and depressions on the Leased Premises. Lessee shall reclaim the Leased Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of Owner used by Lessee pursuant to this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationstandards and regulations established by the Federal, Tenant shall be a tenant at sufferance subject to state or local agencies having jurisdiction over the provisions of Section 12.2 hereofLeased Premises. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Mining Lease (Pershing Gold Corp.)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) owned by Tenant shall be and remain the property of Tenant Tenant, and may be removed by Tenant at the expiration or earlier termination of the term of this Lease; however, cabling for telecom and computers, package HVAC units, and case work, including lab benches and sinks, may not be removed by Tenant, even if paid for by Tenant in addition to the Tenant Improvement Allowance. 30.2 All improvementsThe Project, Building and Tenant Improvements, and all fixtures and personal property presently existing in owned by Landlord, including all fixtures and improvements paid from the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and costTenant Improvement Allowance, shall be and remain the property of Landlord, and shall, upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage damages can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s 's removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, applicable law now or under any other applicable provisions of California lawhereafter in effect.

Appears in 1 contract

Sources: Lease Agreement (Epoch Biosciences Inc)

Removal of Property. 30.1 Except as provided below, a. Tenant shall own all trade fixtures and other of the personal property to be placed within in the Premises by Tenant, to the degree said personal property is not affixed to or a part of the building. Upon removal of Tenant’s property, Tenant shall (at Tenant’s cost sole expense, in a good workmanlike manner, and expense in compliance with all applicable laws) repair any damage caused by the removal of Tenant’s property and restore the Premises to the condition required by this Lease. Tenant shall, if so desired by Landlord, remove (at Tenant’s sole expense, in a good workmanlike manner, and not at the cost in compliance with all applicable laws) any plumbing, fixtures, walls, partitions, shelves, wiring and expense of Landlord) shall be and remain the property of Tenant and may be removed other improvements which were built or installed by Tenant or by the Landlord to the Tenant’s specifications or at the expiration or earlier termination of the term of this Lease. 30.2 All improvementsits request, fixtures and personal property presently existing in the Premises or later installed shall (at LandlordTenant’s sole expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlordin a good workmanlike manner, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered in compliance with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall all applicable laws) repair any damage to the Premises caused into the condition they would have been in but for the installation of the plumbing, fixtures, walls, partitions, shelves, wiring or other improvements or alterations by Tenant or by Landlord at the request of Tenant. Tenant’s removal obligation to observe the performance of any such property, and shall, prior to titis covenant shall survive the expiration or earlier sooner termination of Tenant’s rights under this lease. b. If Tenant fails and/or refuses to remove any of its property from the Premises or the Property at the termination of this Lease, or when Landlord has the right of reentry, Landlord may, at Landlord’s option, remove Tenant’s property, restore the Premises, and return store the Premises to property without liability for loss or damage, the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)removal, reasonable wear and tear excepted. At a minimum, even if they are determined restoration and/or storage to be fixtures or personal property owned by for the account of and at the expense of Tenant, . If Tenant shall leave in place not pay the cost of removing and repair storing any damage property after it has been stored for a period of thirty (30) days or more, Landlord may, at his option, sell, or permit to the interior floorsbe sold, walls, doors and ceilings any or all of the Buildingproperty at public or private sale, in the manner and at the heatingproper time, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Leasewithout notice to Tenant, and shall remain upon and be surrendered with apply the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination proceeds of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject sale: (i) to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose cost and expense of the property sale, including reasonable attorneys’ fees actually incurred; (ii) to the payment of costs or charges for removing and storing the property; (iii) to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under the provisions of Section 1980 et seq. of Lease; and (iv) the California Civil Codebalance, as such provisions may be modified from time if any, to time, or under any other applicable provisions of California lawTenant.

Appears in 1 contract

Sources: Lease (Volta Inc.)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at Upon the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier sooner termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment not remove any property if attached to the Building provided (a) such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, made prior to the termination or expiration or earlier termination of this Lease, restore (b) Tenant is not in default under any provision of this Lease at the time of such removal, and return (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any alterations or additions thereto (including, without limitation, wall-to- wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)floor, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures wall or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings ceiling of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property Premises shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply Premises, Tenant hereby waiving all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation therefor. If, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, Landlord so requests in writing, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to shall, upon termination of this Lease, then remove such alterations, additions, fixtures, equipment and property placed or installed by Tenant in the Premises subsequent to the completion of the tenant improvements to be made pursuant to Exhibit D below and to which Landlord withheld its consent under the terms of paragraph 12 above, and shall immediately repair any damage caused by or resulting from such removal to the condition of the Premises prevailing upon commencement of this Lease, reasonable wear and tear excepted. If Tenant fails to remove any of its property of any nature whatsoever from the Premises or the Building at the termination of this Lease or when Landlord has the right of reentry, Landlord may, at its option, remove and store said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant does not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell or permit to be sold any or all of such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper without notice to Tenant, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the property costs or charges for storing any such property; third, to the payment or any other sums of money which may then be or thereafter become due Landlord from Tenant under the provisions of Section 1980 et seq. any of the California Civil Codeterms hereof; and fourth, as such provisions may be modified from time the balance, if any, to time, or under any other applicable provisions of California lawTenant.

Appears in 1 contract

Sources: Lease Agreement (Interactive Objects Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at Upon the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier sooner termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment not remove any property if attached to the Building provided (a) such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, made prior to the termination or expiration or earlier termination of this Lease, restore (b) Tenant is not in default under any provision of this Lease at the time of such removal, and return (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any alterations or additions thereto (including, without limitation, wall-to-wall carpeting, paneling, wall covering, or lighting fixtures and apparatus) and any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)floor, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures wall or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings ceiling of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property Premises shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply Premises, Tenant hereby waiving all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation therefor. If, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, Landlord so requests in writing, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to shall, upon termination of this Lease, then remove such alterations, additions, fixtures, equipment and property placed or installed by Tenant in the Premises subsequent to the completion of the tenant improvements to be made pursuant to Exhibit D below and to which Landlord withheld its consent under the terms of paragraph 12 above, and shall immediately repair any damage caused by or resulting from such removal to the condition of the Premises prevailing upon commencement of this Lease, reasonable wear and tear excepted. If Tenant fails to remove any of its property of any nature whatsoever from the Premises or the Building at the termination of this Lease or when Landlord has the right of reentry, Landlord may, at its option, remove and store said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant does not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell or permit to be sold any or all of such property at public or private sale at a price as is deemed to be reasonable for such property (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper without notice to Tenant, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys' fees actually incurred; second, to the payment of the property costs or charges for storing any such property; third, to the payment or any other sums of money which may then be or thereafter become due Landlord from Tenant under the provisions of Section 1980 et seq. any of the California Civil Codeterms hereof; and fourth, as such provisions may be modified from time the balance, if any, to time, or under any other applicable provisions of California lawTenant.

Appears in 1 contract

Sources: Lease Agreement (Infowave Software Inc)

Removal of Property. 30.1 28.1 Upon the expiration of this Lease, Tenant shall remove all goods and effects of Tenant and all fixtures and items required to be removed pursuant to this Lease (including, but not limited to, any such removal required as a result of an election by Landlord to require such removal as contemplated in Section 17.6), and Tenant shall repair any damage caused by such removal (but Tenant shall not be required to repair, renovate or otherwise improve any other portion of the Premises except as required by the provisions of this Lease). Except as provided belowbelow and in Section 14.4, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) owned by Tenant shall be and remain the property of Tenant Tenant, and may be removed by Tenant at the expiration or earlier termination of the term of this Lease, or at such earlier time as Tenant is not in default hereunder. 30.2 All improvements28.2 The Building and Improvements, and all fixtures and personal property presently existing in the Premises or later installed at owned by Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon Tenant shall surrender the Premises, the Building and be surrendered with the Premises Improvements, including any additions, alterations and improvements thereto, and all items attached thereto (including, but not limited to, sinks, lab benches, fume hoods, wet laboratories and cold rooms), in good, working and sanitary order, condition and repair, and as a part thereofrequired by Section 14.4 hereof, ordinary wear and tear, casualty and condemnation excepted. 30.3 28.3 Notwithstanding Section 30.1Sections 28.1 and 28.2 hereof, Tenant may not remove any personal property if such removal would cause material damage to the Premises, unless such damage damages can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors walls and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofPremises. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should . 28.4 Tenant require expressly waives any period beyond and all interest in any personal property and trade fixtures not removed from the Premises by Tenant at the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then agrees that any such personal property and trade fixtures may, at Landlord’s election, be deemed to have been abandoned by Tenant, and authorizes Landlord may (at its election and without prejudice to any other remedies under this Lease or under applicable law) to remove and either retain, store or dispose of the such property under the provisions of Section 1980 et seq. of the California Civil Codeand Tenant waives all claims against Landlord for any damages resulting from any such removal, as such provisions may be modified from time to timestorage, retention or under any other applicable provisions of California lawdisposal.

Appears in 1 contract

Sources: Purchase Agreement (Ligand Pharmaceuticals Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within In the Premises at Tenant’s cost and expense (and not at the cost and expense event of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused or the condemnation of all or a portion thereof, Tenant shall as soon as practicable (but no later than seven (7) Business Days after receiving a notice from Landlord) remove any and all of Tenant’s Removable Property (as defined herein) from the Premises or the portion thereof destroyed or taken, as the case may be, and if Tenant does not promptly so remove Tenant’s Removable Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Removable Property to a public warehouse for deposit or retain the same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to the paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any sale, Tenant shall pay such excess to Landlord upon demand. As used herein “Removable Property” shall mean all articles of personal property and all business and trade fixtures, furniture, moveable partitions, freestanding cabinet work, machinery and equipment owned or installed by Tenant or any party claiming by, through or under Tenant. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s removal of any such property, and shall, insurance adjuster that may be desired by Tenant prior to the expiration or earlier termination removal of this Lease, restore and return the Premises to the condition they were in when first occupied Tenant’s Removable Property by Tenant (modified or Landlord, as provided in this paragraph or the performance by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings Landlord of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work and Landlord shall be under this Article as if no obligation to delay the performance of same, nor shall Landlord have any liability to Tenant in the event that Tenant fails to do so. Tenant shall promptly permit Landlord access to the Premises for the purpose of performing any evaluation or the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofwork. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (Castle Biosciences Inc)

Removal of Property. 30.1 Except as provided belowUnless otherwise agreed to in writing by ------------------- Landlord, all Tenant agrees that there are and shall be no trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the owned by Tenant. Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies and office furniture and equipment: if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in monetary or other material default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationPremises; provided, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 4.4, at Landlord's election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations and repair any damages resulting from such removal. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable ----- attorney's fees actually incurred; second, to the payment of the property under costs or ------ charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums ----- of California law.money which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant. ------

Appears in 1 contract

Sources: Lease Agreement (Digex Inc/De)

Removal of Property. 30.1 Except as provided belowin this Article 30, all Tenant Improvements (other than the Tenant Improvements paid for with the Tenant Improvement Allowance) and all alterations, trade fixtures and other personal property placed within installed in the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlordcollectively “Tenant’s Property”) shall at all times be and remain Tenant’s property and Tenant shall be entitled to all depreciation, amortization and other tax benefits with respect thereto. After completion of the property Tenant Improvements, Landlord and Tenant will attach to this Lease as Exhibit “G” a list of the Tenant Improvements that are Tenant’s Property, with preference being given to listing those items which are most easily removable from the Building, of most utility to Tenant in another location, and may least likely to interfere with the continued operation of the Premises for research and development purposes. Except for Tenant’s Property which cannot be removed without structural injury to the Premises, at any time Tenant may remove Tenant’s Property from the Premises, provided Tenant repairs all damage caused by such removal; provided, however, Tenant may elect to leave any or all of Tenant’s Property on the Premises at the expiration or earlier termination of the term Lease, in which event Landlord shall become the owner of such property. 30.2 Notwithstanding the foregoing Section 30.1, the following Tenant Improvements, even if determined to be Tenant’s Property, shall be surrendered to Landlord and become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof: interior floors, walls, doors and ceilings; heating, ventilation, air conditioning (including packaged HVAC units), plumbing, and electrical systems; cabling for telecom and computers; and permanently built-in case work, including lab benches and sinks, unless such property is, prior to installation, added to Exhibit “G” with the consent of Landlord (“Tenant’s Non-Removable Property”). At its election, upon termination of the Lease, Tenant may surrender any of the Tenant Improvements and all Alterations, other than Alterations which Landlord required to be removed at the time its consent to the Alteration is given pursuant to Section 17.6. 30.2 All improvements30.3 The Project, Building and all fixtures and personal property presently owned by Landlord and existing in on the Premises on the date this Lease is executed or later hereafter paid for by Landlord (including without limitation Tenant Improvements installed at Landlord’s expense, and any other improvements made to using the Premises at Landlord’s expense and cost, Tenant Improvement Allowance) shall be and remain the property of Landlord, and shall, upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 30.4 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the surrender/maintenance condition they were in when first occupied required by Tenant (modified by any other work approved by Landlord), reasonable wear and tear exceptedthis Lease. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become systems caused by the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofremoval. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof, unless tenant obtains Landlord’s consent pursuant to Section 12.1 prior to the termination or earlier termination of the Lease. 30.4 30.5 If Tenant shall fail to remove any fixtures or personal property which it is entitled required by this Lease to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California North Carolina law.

Appears in 1 contract

Sources: Lease (Icagen Inc)

Removal of Property. 30.1 Except as provided below(a) Notwithstanding anything in the Lease to the contrary, all trade permanent or built-in fixtures or improvements, and other personal property placed within all mechanical, electrical and plumbing equipment in the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Landlord as of the Termination Date. Otherwise, all furnishings, equipment, furniture and other removable personal property placed in the Premises by Tenant shall remain the property of Tenant and may shall be removed by Tenant on or before the Termination Date (unless otherwise agreed by Landlord and Tenant in writing). Tenant shall promptly reimburse Landlord for the estimated cost to repair any damage caused by such removal. (b) If any of Tenant’s personal property is not removed on or before the Termination Date, Tenant grants to Landlord the option, exercisable at any time thereafter without the expiration requirement of any notice to Tenant, (i) to treat such property, or earlier termination any portion thereof, as being abandoned by Tenant to Landlord, whereupon Landlord shall be deemed to have full rights of ownership thereof; (ii) to elect to remove and store such property, or any portion thereof, on Tenant’s behalf (but without assuming any liability to any person) and at Tenant’s sole cost and expense, with reimbursement therefor to be made to Landlord upon demand; and/or (iii) to sell, give away, donate or dispose of as trash or refuse any or all of such property without any responsibility to deliver to Tenant any proceeds therefrom. Landlord shall have no liability of any kind whatsoever to Tenant in respect of the term of exercise or failure to exercise the options set forth in this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by TenantParagraph. FurthermoreSpecifically, Tenant shall repair any damage not have the right to assert against Landlord a claim either for the Premises caused by Tenant’s removal value, or the use, of any such property, and shall, prior either as an offset against any amount of money owing to the expiration Landlord or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofotherwise. The provisions of Article 17 this Paragraph shall apply to any restoration work under this Article as if supersede the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination applicable provisions of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Texas Property Code, specifically including without limitation Section 93.002(d) and (e) thereof, as such provisions may be modified amended from time to time, or under and any other applicable provisions of California lawlaw purporting to restrict the options granted to Landlord herein.

Appears in 1 contract

Sources: Lease Termination Agreement (Prescient Applied Intelligence, Inc.)

Removal of Property. 30.1 Except as provided belowUnless otherwise agreed to in writing by Landlord, all Tenant agrees that there are and shall be no trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the owned by Tenant. Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies, office furniture and equipment and racks and conveyors if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationPremises; provided, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, at Landlord's sole election, Tenant shall be a tenant obligated, at sufferance its sole cost and expense, to remove all (or such portion as Landlord shall designate, subject to Section 4.4 above) of the provisions Tenant Alterations and all (or such portion as Landlord shall designate, subject to Section 2.4 above) of Section 12.2 hereof. 30.4 the Tenant Improvements constructed in the Premises and repair any damage resulting from such removal. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature from the Premises prior to or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), In such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: FIRST, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; SECOND, to the payment of the property under costs or charges for storing any such property; THIRD, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California law.money which may then be or later become due Landlord from Tenant under this Lease; and, FOURTH, the balance, if any, to

Appears in 1 contract

Sources: Industrial Lease (Oakley Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within owned by Tenant, including without limitation the Premises at cage wash installed by Tenant’s cost and expense (and not at the cost and expense of Landlord) , shall be and remain the property of Tenant Tenant, and may be removed by Tenant at the expiration or earlier termination of the term of this Lease; however, cabling for telecom and computers, package HVAC units, case work, including lab benches and sinks, and fume hoods may not be removed by Tenant, even if paid for by Tenant. 30.2 All improvementsThe Project, Building and Tenant Improvements, and all fixtures and personal property presently existing owned by Landlord, including all fixtures and improvements installed in the Premises by or later installed at Landlord’s expense, and for any other improvements made to previous tenant of the Premises at Landlord’s expense and costPremises, shall be and remain the property of Landlord, and shall, upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage damages can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, applicable law now or under any other applicable provisions of California lawhereafter in effect.

Appears in 1 contract

Sources: Lease (Acucela Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage permanently attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal; and Tenant shall immediately remove all such property if requested to do so by Landlord (unless Landlord has agreed pursuant to Section 4.5 that such property need not be removed). All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises Premises, except as a part thereofmay be otherwise provided in the paragraph captioned “Tenant Alterations” or the paragraph captioned “Tenant’s Contribution to Tenant Improvement Costs”. The provisions of Article 17 shall apply Tenant waives all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation for such property. If, addition or improvement thereunder. Should Tenant require any period beyond at the expiration or earlier termination of the this Lease to complete or at such restorationtime as Landlord exercises its right of re-entry, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail has failed to remove any fixtures property from the Premises, Building or personal property Land which it is entitled or required to remove under this Article 30 from the Premises prior to termination of as provided in this Lease, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney’s fees actually incurred; second to the payment of the property under costs or charges for storing any such property; third to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth the balance, if any, to Tenant.

Appears in 1 contract

Sources: Consent to Sublease (Cephalon Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property ) shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises; provided, however, Tenant shall remove all cabling and wiring installed by Tenant in the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationand, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationat Landlord’s sole election, Tenant shall be a tenant obligated, at sufferance subject its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities) of which Landlord informed Tenant at the time of Landlord’s consent to the provisions of Section 12.2 hereof. 30.4 Tenant Alteration or which Tenant installed in the Premises without Landlord’s consent, repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property at Tenant’s expense without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney’s fees actually incurred; second, to the payment of the property costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the provisions of Section 1980 et seqbalance, if any, to Tenant. (See Paragraph 8 of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.Rider)

Appears in 1 contract

Sources: Lease (PharMEDium Healthcare Holdings, Inc.)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, trade fixtures, voice and data cabling, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises Premises, except as a part thereofmay be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Payment of Tenant Improvement Costs". The provisions of Article 17 shall apply Tenant waives all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation for such property. If, addition or improvement thereunder. Should Tenant require any period beyond at the expiration or earlier termination of the this Lease to complete or at such restorationtime as Landlord exercises its right of reentry, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail has failed to remove any fixtures property from the Premises, Project, Building or personal property Land which it is entitled or required to remove under this Article 30 from the Premises prior to termination of as provided in this Lease, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Lease (Netlibrary Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the Upon expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier sooner termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment not remove any property if attached to the Improvements provided: (a) such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, made prior to the termination or expiration or earlier termination of this Lease, restore (b) there is then no uncured Event of Default under this Lease, and return (c) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in or around the Premises and any alterations or additions thereto (including, without limitation, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) and any other article affixed to the condition they were in when first occupied by Tenant (modified by floor, wall or ceiling of the Improvements or any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property improvement shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply Premises, Tenant hereby waiving all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation therefor. If, addition or improvement thereunder. Should Tenant require any period beyond however, Landlord so requests in writing before the expiration or earlier termination of the Lease to complete such restorationthis Lease, Tenant shall be a tenant at sufferance subject will, prior to termination of this Lease, remove such alterations, additions, fixtures, equipment, cabling, wiring and property placed or installed by it in or about the provisions of Section 12.2 hereof. 30.4 Premises as requested by Landlord, and will immediately repair any damage caused by or resulting from such removal. If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature whatsoever from the Premises prior to at the termination of this LeaseLease or when Landlord has the right of reentry, then Landlord may, at its option, remove and store said property without liability for loss thereof or damage thereto, such storage to be for the account and at the expense of Tenant. If Tenant shall not pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell, or permit to be sold, any or all of such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys’ fees actually incurred; second, to the payment of the property costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or thereafter become due Landlord from Tenant under the provisions of Section 1980 et seq. any of the California Civil Codeterms hereof; and, as such provisions may be modified from time fourth, the balance, if any, to time, or under any other applicable provisions of California lawTenant.

Appears in 1 contract

Sources: Ground Lease

Removal of Property. 30.1 Except as provided belowin Section 10.5 and in this Article 30, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense owned by Tenant (and not at the cost and expense of Landlord"TENANT'S REMOVABLE PROPERTY") shall be and remain the property of Tenant Tenant, and may be removed by Tenant at any time. Landlord waives any and all rights, title and interest Landlord now has, or hereafter may have, whether statutory or otherwise, in Tenant's Removable Property. At the expiration or earlier termination of the term of this Lease, Tenant shall remove all Tenant's Removable Property in accordance with this Lease, unless Landlord shall have otherwise agreed in writing. 30.2 All improvementsThe Project, Building and Tenant Improvements, and all fixtures and personal property presently existing in the Premises or later installed at owned by Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and shall, upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s 's removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to substantially the same condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, and notwithstanding the provisions of Section 30.1, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the BuildingPremises, all cabling and wiring in the Premises, and the heating, ventilation, air conditioning, plumbing, and electrical systemssystems in the Premises; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof, unless tenant obtains Landlord's consent pursuant to Section 12.1 prior to the termination or earlier termination of the Lease. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (Aethlon Medical Inc)

Removal of Property. 30.1 Except as provided below(a) Machinery, all furniture and equipment in the nature of tenant’s trade fixtures and other personal property placed within property, that are located in the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) Premises, shall be and remain the property of the Tenant and may be removed by the Tenant at during the expiration Term and shall be removed by the Tenant upon the expiry or earlier termination of this Lease provided the term Tenant is not then in default of payment under this Lease, and provided the Tenant shall repair any damage caused by such removal. 30.2 All (b) Leasehold improvements, building fixtures and personal property presently existing fixtures not in the Premises nature of tenant’s trade fixtures, including HVAC equipment, the back-up power generator and related equipment in or later installed at Landlord’s expenseon the Building and the mechanical, electrical, plumbing and any other improvements made to the Premises at Landlord’s expense and costbase building systems, shall be and remain the property of Landlordthe Landlord and shall not be removed by the Tenant from the Premises. Notwithstanding the foregoing, and if requested by the Landlord to do so, upon the expiration expiry or earlier termination of this Lease, remain upon and be surrendered with Lease the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not shall remove any property if such removal would cause material damage to non-standard leasehold improvements made by the Premises, unless such damage can be Tenant during the Term and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s such installation and removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, shall restore and return the Premises to the condition they were in when first occupied by Tenant prior to such installation. (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined c) Any property required to be fixtures or personal property owned removed by Tenant, the Tenant shall leave in place and repair any damage according to the interior floors, walls, doors and ceilings of foregoing but not so removed at the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration expiry or earlier termination of this LeaseLease may, at the option of the Landlord: (i) be removed by the Landlord and the Tenant shall remain upon forthwith on demand pay to the Landlord the cost of such removal and be surrendered with the cost to repair and restore the Premises as a part result thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if ; or (ii) become the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination property of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject Landlord without any payment or compensation by the Landlord to the provisions of Section 12.2 hereofTenant therefor. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (D-Wave Quantum Inc.)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in material default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the BuildingPremises, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationPremises; provided, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, at Landlord's sole election, Tenant shall be a tenant obligated, at sufferance subject its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the provisions Tenant Alterations and all (or such portion as Landlord shall designate) of Section 12.2 hereof. 30.4 the Tenant Improvements constructed in the Premises, and repair any damage resulting from such removal. Except as Landlord and Tenant may otherwise expressly agree, Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature from the Premises prior to or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: FIRST, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; SECOND, to the payment of the property under costs or charges for storing any such property; THIRD, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, FOURTH, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Industrial Lease Agreement (Childrens Place Retail Stores Inc)

Removal of Property. 30.1 Except as provided belowin Sections 4.5 and 10.5 and in this Article 30, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) owned by Tenant shall be and remain the property of Tenant Tenant, and may be removed by Tenant at the expiration or earlier termination of the term of this Leaseany time. 30.2 All The Project, Building and all improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, owned by Landlord shall be and remain the property of Landlord, and shall, upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to the expiration or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)Tenant, reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the BuildingPremises, and the heating, ventilationventilation (other than any fume hoods installed by Tenant), air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof, unless tenant obtains Landlord’s consent pursuant to Section 12.1 prior to the termination or earlier termination of the Lease. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (Salmedix Inc)

Removal of Property. 30.1 (a) Except as provided belowset forth in paragraph (b) of this Section, all trade fixtures and other personal property placed within (including trade fixtures) installed by the Premises at Tenant’s cost and expense (and not at Lessee in or on the cost and expense of Landlord) Terminal, shall be deemed to be and remain the property of Tenant the Lessee (which personal property exclusive of the Operating Terminal Property, as hereinafter defined, is hereinafter called the “Lessee’s Personal Property”). All of the Lessee’s Personal Property, provided that the Lessee shall install suitable replacements therefor if such property is necessary to operate the Terminal in accordance with the terms and provisions hereof, may at the Lessee’s option be removed by Tenant the Lessee from the Terminal at any time during the term of the letting hereunder. Furthermore, notwithstanding the previous sentence, all of the Lessee’s Personal Property shall, unless otherwise agreed in writing by the parties hereto, be removed by the Lessee on or before the expiration or earlier other termination of the term of this Lease. 30.2 All improvementsthe letting hereunder. Any of the Lessee’s Personal Property, fixtures and personal property presently existing except for the Existing Tanks (as defined in Section 61 hereof entitled “Storage Tanks”), remaining on the Premises or later installed at Landlord’s expense, and Terminal thereafter shall be deemed abandoned by the Lessee. Without limiting any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration term or earlier termination provision of this LeaseAgreement, remain upon the Lessee shall indemnify and be surrendered with hold harmless the Premises as a part thereof. 30.3 Notwithstanding Section 30.1Port Authority, Tenant may not remove any its Commissioners, officers, agents, employees and contractors from all claims of third Persons arising out of the Port Authority’s removal and disposition of property if such removal would cause material so abandoned by the Lessee, including claims for conversion, claims for loss of or damage to the PremisesLessee’s Personal Property, unless such damage can be claims for injury to Persons (including death), and is repaired by Tenant. Furthermoreclaims for any other damages, Tenant shall repair consequential or otherwise. (b) Notwithstanding the foregoing or any damage term or condition set forth in Section 14 of this Agreement to the Premises caused by Tenant’s removal of contrary, the Lessee shall not remove from the Terminal any such propertyjet bridges, and shallbaggage handling systems or equipment, prior counters, scales, lounge furniture or signs which are generic to the expiration or earlier termination Terminal (all of this Lease, restore and return the Premises foregoing property being herein referred to at the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord“Operating Terminal Property”), reasonable wear and tear excepted. At a minimumwhether or not installed by the Lessee, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to except with the interior floors, walls, doors and ceilings prior written approval of the Building, Port Authority and the heating, ventilation, air conditioning, plumbing, and electrical systems; all in accordance with any requirements set forth in such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofapproval. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (Jetblue Airways Corp)

Removal of Property. 30.1 Except as provided below(a) Notwithstanding anything in the Lease to the contrary, all trade permanent or built-in fixtures or improvements and other personal property placed within all mechanical, electrical and plumbing equipment in the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) Reduction Space shall be and remain the property of Landlord as of the Effective Date. All furnishings, equipment, furniture, trade fixtures and other removable equipment installed in the Reduction Space by Tenant and may paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant at on or before the expiration or earlier termination Effective Date (unless otherwise agreed by Landlord and Tenant in writing). Tenant shall promptly reimburse Landlord for the actual cost to repair any damage caused by such removal, and shall pay Landlord the actual cost of such repair for which Tenant may be billed after the term of this LeaseEffective Date. 30.2 All improvements(b) If any furnishings, equipment, furniture, trade fixtures and personal property presently existing or other removable equipment are not removed on or before the Effective Date, Tenant grants to Landlord the option, exercisable at any time thereafter without the requirement of any notice to Tenant, (i) to treat such property, or any part of such property, as being abandoned by Tenant to Landlord, in the Premises which event Landlord shall be deemed to have full rights of ownership in such abandoned property; provided however, that Landlord shall not assume title to, or later installed at Landlord’s expensean ownership interest in, any "solid waste," "hazardous waste," or other material regulated by or subject to any applicable environmental, health or safety laws, and any other improvements such material may be disposed of in accordance with such laws at Tenant's sole cost and expense, with reimbursement therefor to be made by Tenant to Landlord upon demand; (ii) to elect to remove and store such property, or any part of such property, on Tenant's behalf (but without assuming any liability to any person) and at Tenant's sole cost and expense, with reimbursement therefor to be made by Tenant to Landlord upon demand; and/or (iii) to sell, give away, donate or dispose of as trash or refuse any or all of such property without any responsibility to deliver to Tenant any proceeds from such disposition. Landlord shall have no liability of any kind whatsoever to Tenant in respect of the Premises at Landlord’s expense and cost, shall be and remain exercise or failure to exercise the property of Landlord, and upon the expiration or earlier termination of options set forth in this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by TenantPARAGRAPH 5. FurthermoreSpecifically, Tenant shall repair any damage not have the right to assert against Landlord a claim either for the Premises caused by Tenant’s removal value, or the use, of any such property, and shall, prior either as an offset against any amount of money owing to the expiration Landlord or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofotherwise. The provisions of Article 17 this PARAGRAPH 5 shall apply to any restoration work under this Article as if supersede the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination applicable provisions of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Texas Property Code, specifically including without limitation Section 93.002(d) and (e) thereof, as such provisions may be modified amended from time to time, or under and any other applicable provisions of California lawlaw purporting to restrict the options granted to Landlord in this PARAGRAPH 5.

Appears in 1 contract

Sources: Lease Contract (Bisys Group Inc)

Removal of Property. 30.1 Except as provided below(a) Notwithstanding anything in the Lease to the contrary, all trade permanent or built-in fixtures or improvements and other personal property placed within all mechanical, electrical and plumbing equipment in the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) Reduction Space shall be and remain the property of Landlord as of the Effective Date. All furnishings, equipment, furniture, trade fixtures and other removable equipment installed in the Reduction Space by Tenant and may paid for by Tenant shall remain the property of Tenant and shall be removed by Tenant at on or before the expiration or earlier termination Effective Date (unless otherwise agreed by Landlord and Tenant in writing). Tenant shall promptly reimburse Landlord for the actual cost to repair any damage caused by such removal, and shall pay Landlord the actual cost of such repair for which Tenant may be billed after the term of this LeaseEffective Date. 30.2 All improvements(b) If any furnishings, equipment, furniture, trade fixtures and personal property presently existing or other removable equipment are not removed on or before the Effective Date, Tenant grants to Landlord the option, exercisable at any time thereafter without the requirement of any notice to Tenant, (i) to treat such property, or any part of such property, as being abandoned by Tenant to Landlord, in the Premises which event Landlord shall be deemed to have full rights of ownership in such abandoned property; provided however, that Landlord shall not assume title to, or later installed at Landlord’s expensean ownership interest in, any “solid waste,” “hazardous waste,” or other material regulated by or subject to any applicable environmental, health or safety laws, and any other improvements such material may be disposed of in accordance with such laws at Tenant’s sole cost and expense, with reimbursement therefor to be made by Tenant to Landlord upon demand; (ii) to elect to remove and store such property, or any part of such property, on Tenant’s behalf (but without assuming any liability to any person) and at Tenant’s sole cost and expense, with reimbursement therefor to be made by Tenant to Landlord upon demand; and/or (iii) to sell, give away, donate or dispose of as trash or refuse any or all of such property without any responsibility to deliver to Tenant any proceeds from such disposition. Landlord shall have no liability of any kind whatsoever to Tenant in respect of the Premises at Landlord’s expense and cost, shall be and remain exercise or failure to exercise the property of Landlord, and upon the expiration or earlier termination of options set forth in this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by TenantParagraph 6. FurthermoreSpecifically, Tenant shall repair any damage not have the right to assert against Landlord a claim either for the Premises caused by Tenant’s removal value, or the use, of any such property, and shall, prior either as an offset against any amount of money owing to the expiration Landlord or earlier termination of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereofotherwise. The provisions of Article 17 this Paragraph 6 shall apply supersede any law purporting to any restoration work under restrict the options granted to Landlord in this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofParagraph 6. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease (Mossimo Inc)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon Tenant may remove its trade fixtures, affixed personal property, office supplies and be surrendered with office furniture and equipment if (a) such items are readily moveable, or if attached to the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material are able to be removed without permanent damage to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) an Event of Default by Tenant with respect to any covenant or condition of this Lease has not occurred and return is not then continuing at the time of such removal; and (d) Tenant promptly repairs all damage caused by or resulting from such removal; and Tenant shall promptly remove all such property if requested to do so by Landlord. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises Premises, except as a part thereofmay be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". The provisions of Article 17 shall apply Tenant waives all rights to any restoration work under this Article as if the restoration was an alterationpayment or compensation for such property. If, addition or improvement thereunder. Should Tenant require any period beyond at the expiration or earlier termination of the this Lease to complete or at such restorationtime as Landlord exercises its right of re-entry, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereof. 30.4 If Tenant shall fail has failed to remove any fixtures property from the Premises, Building or personal property Land which it is entitled or required to remove under this Article 30 from the Premises prior to termination of as provided in this Lease, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after reasonable written notice providing an opportunity to cure to Tenant, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without further notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Office Lease (Eloyalty Corp)

Removal of Property. 30.1 Except as provided below, all trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage fixtures attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) an Event of Default has not occurred and return not been cured at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or any other fixture affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property ) shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationPremises; provided, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, at Landlord's sole election, Tenant shall be a tenant obligated, at sufferance subject its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the provisions of Section 12.2 hereof. 30.4 same condition as existed prior to such Tenant Alterations if Landlord so notified Tenant at the time it gave its consent to such Tenant Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property at Tenant's expense without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all costs incurred by Landlord within ten (10) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Office Lease (Gp Strategies Corp)

Removal of Property. 30.1 Except as provided belowUnless otherwise agreed to in writing by Landlord, all Tenant agrees that there are and shall be no trade fixtures and other personal property placed within the Premises at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the owned by Tenant. Upon expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may remove its personal property, office supplies and office furniture and equipment if (a) such items are readily moveable and are not remove any property if such removal would cause material damage attached to the Premises, unless ; (b) such damage can be and removal is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, completed prior to the expiration or earlier termination of this Lease, restore ; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; and return (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floorsfloor, walls, doors and ceilings ceiling or any other part of the Premises or Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationPremises; provided, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restorationhowever, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations and repair any damage resulting from such removal. Provided that Tenant pays the Removal Fee, Tenant shall not be obligated to remove any of the Tenant Improvements. Tenant shall have the right, at the time it requests Landlord's consent and delivers all plans and specifications to any Tenant Alteration to make a tenant written request that Landlord notify Tenant whether Tenant shall be obligated to remove the applicable Tenant Alteration at sufferance subject the end of the Lease Term, in which event Tenant shall only be obligated to remove (i) those Tenant Alterations that Landlord notified Tenant it must remove at the provisions end of Section 12.2 hereof. 30.4 the Lease Term at the same time of and in connection with Tenant's requested approval of the Tenant Alterations, and (ii) those Tenant Alterations that Tenant did not seek or did not obtain Landlord's written consent to leave in place at the end of the Lease Term, and that Landlord requires Tenant to remove. Tenant waives all rights to any payment or compensation for such Tenant Alterations. If Tenant shall fail to remove any fixtures or personal of its property which it is entitled to remove under this Article 30 of any nature from the Premises prior to Premises, Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, then Landlord may, at its option, remove and store such property without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may dispose become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the property under costs or charges for storing any such property; third, to the provisions payment of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions sums of California lawmoney which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Appears in 1 contract

Sources: Lease (MRV Communications Inc)

Removal of Property. 30.1 Except as provided belowUnless otherwise agreed to in writing by Landlord, all Tenant agrees that there are and shall be no trade fixtures and other personal property placed within in the Premises at owned by Tenant’s cost . Upon expiration or earlier termination of this Lease, Tenant may remove its personal property, Telecommunication Facilities (excluding wiring and expense cabling unless otherwise approved by Landlord in writing), office supplies and office furniture and equipment if (a) such items are readily moveable and are not at attached to the cost and expense of LandlordPremises; (b) shall be and remain the property of Tenant and may be removed by Tenant at such removal is completed prior to the expiration or earlier termination of the term of this Lease. 30.2 ; (c) no Event of Default exists at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All improvements, fixtures and personal other property presently existing in the Premises and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or later installed Telecommunication Facilities or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building) shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord’s sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities, including without limitation wiring and cabling), repair any other improvements made damages resulting from such removal and return the Premises to the Premises at same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant’s submission of its plans and specifications to Landlord for approval of any Tenant Alterations requiring Landlord’s expense and cost, shall be and remain the property of Landlord, and approval is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease, remain upon and be surrendered with Landlord shall identify such Tenant Alterations (if any) by notice to Tenant given at the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, time of Landlord’s approval of such Tenant may not Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property if such removal would cause material damage to from the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, restore Landlord may, at its option, remove and return the Premises store such property at Tenant’s expense without liability for loss of or damage to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)such property, reasonable wear and tear excepted. At a minimum, even if they are determined such storage to be fixtures or personal property owned by for the account and at the expense of Tenant, . Tenant shall leave in place pay all actual and repair documented costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any damage such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to the interior floorsbe sold, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; any or all such property at public or private sale (and Landlord may become a purchaser at such sale). In such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney’s fees actually incurred; second, to the payment of the actual and documented costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become the property of due Landlord upon the expiration or earlier termination of from Tenant under this Lease; and, and shall remain upon and be surrendered with fourth, the Premises as a part thereof. The provisions of Article 17 shall apply balance, if any, to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofTenant. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Gross Lease (TNS Inc)

Removal of Property. 30.1 Except as provided belowUpon expiration or earlier termination of this Lease, all Tenant may remove its personal property, office supplies, office furniture, trade fixtures and equipment if (1) such items are readily moveable; (2) such removal is completed prior to the expiration or earlier termination of this Lease; (3) no Event of Default exists and is continuing at the time of such removal; and (4) Tenant immediately repairs all damage caused by or resulting from such removal. All other personal property placed within in the Premises at Tenant’s cost (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and expense (and not at wiring for Telecommunication Facilities or any other article affixed to the cost and expense floor, walls, ceiling or any other part of Landlordthe Premises or Building) shall be and remain become the property of Landlord and shall remain surrendered with the Premises, provided, at Landlord’s sole election (to be provided as set forth in paragraph 4.4 of this Lease and paragraph 5.12 of Exhibit B), Tenant shall be obligated at its sole cost and may be removed by Tenant expense, to remove at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises Lease Term all (or later installed at Landlord’s expenseelection, such portion as Landlord shall designate in writing) such other property and to repair any other improvements made damages resulting from such removal and restore the Premises to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises same condition as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage existed prior to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal installation of any such property, and shall, . Tenant waives all rights to any payment or compensation for such property. If Tenant fails to perform the foregoing on or prior to the expiration or earlier termination of this Lease, restore Landlord may perform, or cause to have performed, the removal, repair and return the Premises restoration described in this paragraph, and Tenant shall be liable to the condition they were in when first occupied by reimburse Landlord for any and all reasonable cost and expenses relating thereto. If Tenant (modified by shall fail to remove any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or of its personal property owned by Tenantfrom the Premises, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such property shall become the property of Landlord upon Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, Landlord may, at its option, remove and store such property at Tenant’s expense without liability for loss of or damage to such property, such storage to be for the account and at the expense of Tenant. Tenant shall pay all reasonable costs incurred by Landlord within ten (10) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any such property, Landlord may, at its option, after it has been stored for a period of thirty (30) Business Days or more, sell or permit to be sold, any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, and shall remain upon and be surrendered with the Premises as a part thereof. The provisions of Article 17 Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorneys’ fees actually incurred; second, to the payment of the costs or charges for storing any restoration work such property; third, to the payment of any other sums of money which may then be or later become due Landlord from Tenant under this Article as Lease; and, fourth, the balance, if the restoration was an alterationany, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofTenant. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease Agreement (Amber Road, Inc.)

Removal of Property. 30.1 Except Subject to compliance with Applicable Law and Section 7.1 of the Participation Agreement and so long as no Lease Default or Lease Event of Default shall have occurred and be continuing, the Lessee may remove, sell, transfer or dispose of any Severable Modification to which the Lessee shall have title as provided belowin Section 8(d)(iii) hereof, all trade fixtures and other personal property placed within provided that, as soon as practicable after the Premises removal of such Severable Modification, the Lessee, at Tenant’s cost and expense (and not at the cost and expense of Landlord) shall be and remain the property of Tenant and may be removed by Tenant at the expiration or earlier termination of the term of this Lease. 30.2 All improvements, fixtures and personal property presently existing in the Premises or later installed at Landlord’s its expense, and any other improvements made to the Premises at Landlord’s expense and cost, shall be and remain the property of Landlord, and upon the expiration or earlier termination of this Lease, remain upon and be surrendered with the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, Tenant may not remove any property if such removal would cause material damage to the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises Facility caused by Tenant’s such removal and shall restore any diminishment in value, utility, durability, performance characteristics or useful life (other than the loss of additional value, utility, durability or useful life directly attributable to the Severable Modification) of the Facility caused by such removal. The Lessee, at its expense, will promptly replace all Parts which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. The Lessee may, at its expense, remove in the ordinary course of maintenance, service, repair, overhaul or testing, any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use, so long as the Lessee, at its expense, promptly replaces such Parts. In addition, subject to compliance with Applicable Law and so long as no Lease Default or Lease Event of Default shall have occurred and be continuing, the Lessee may remove any tangible property that is unnecessary and can be removed without diminishing the value or utility or useful life of the Facility; provided, however, that the consent of the Administrative Agent and the Owner Participant shall be required for the removal of any such property, and shall, prior to tangible property if the expiration or earlier termination aggregate fair market sales value of this Lease, restore and return the Premises to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord), reasonable wear and tear excepted. At a minimum, even if they are determined to be fixtures or personal property owned by Tenant, Tenant shall leave in place and repair any damage to the interior floors, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; all such tangible property previously removed pursuant to this sentence shall become exceed $100,000. If any Part is removed from the Facility for the purpose of replacement thereof with another Part, title to such removed Part shall remain the property of Landlord upon the expiration Lessor, no matter where such removed Part is located, until such time as the Part constituting a replacement thereof shall have been incorporated into the Project, at which time, without further act, title to such removed Part shall vest in the Lessee or earlier termination in such Person as shall be designated by the Lessee, free of this Leasethe Lien and security interest of the Indenture and the Collateral Security Documents. Each such replacement Part shall be free and clear of all Liens, other than Permitted Liens, and shall remain upon be in as good operating condition as, and be surrendered with the Premises as shall have a part thereof. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alterationvalue, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination utility and useful life at least equal to, that of the Lease to complete Part removed, it being assumed for purposes of this sentence that such restoration, Tenant shall be a tenant removed Part was in at sufferance subject to least the provisions condition and state of repair required by Section 12.2 8(a) hereof. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Facility Lease (Panda Interfunding Corp)

Removal of Property. 30.1 Except as provided belowUnless otherwise agreed to in writing by Landlord, all Tenant agrees that there are and shall be no trade fixtures and other personal property placed within in the Premises at owned by Tenant’s cost . Upon expiration or earlier termination of this Lease, Tenant may remove its personal property, office supplies and expense office furniture and equipment if (a) such items are readily moveable and are not at attached to the cost and expense of LandlordPremises; (b) shall be and remain the property of Tenant and may be removed by Tenant at such removal is completed prior to the expiration or earlier termination of the term this Lease; (c) Tenant is not in default of any covenant or condition of this Lease. 30.2 Lease at the time of such removal; and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All improvements, fixtures and personal other property presently existing in the Premises or later installed at Landlord’s expense, and any Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering, lighting fixtures and apparatus or Telecommunication Facilities or any other improvements made article affixed to the floor, walls, ceiling or any other part of the Premises at Landlord’s expense and cost, or Building) shall be and remain become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations (including Telecommunication Facilities), repair any damages resulting from such removal and return the Premises to the same condition as existed prior to such Tenant Alterations. Notwithstanding the foregoing, if Tenant's submission of its plans and specifications to Landlord for approval of any Tenant Alterations is accompanied by a written request that Landlord identify any Tenant Alterations that Landlord may require Tenant to remove upon the expiration or earlier termination of this Lease, remain upon and be surrendered with Landlord shall identify such Tenant Alterations (if any) by notice to Tenant given at the Premises as a part thereof. 30.3 Notwithstanding Section 30.1, time of Landlord's approval of such Tenant may not Alterations. Tenant waives all rights to any payment or compensation for such Tenant Alterations (including Telecommunication Facilities). If Tenant shall fail to remove any of its property if such removal would cause material damage to from the Premises, unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal of any such property, and shall, prior to Building or Land at the expiration or earlier termination of this LeaseLease or when Landlord has the right of re-entry, restore Landlord may, at its option, remove and return the Premises store such property at Tenant's expense without liability for loss of or damage to the condition they were in when first occupied by Tenant (modified by any other work approved by Landlord)such property, reasonable wear and tear excepted. At a minimum, even if they are determined such storage to be fixtures or personal property owned by for the account and at the expense of Tenant, . Tenant shall leave in place and repair pay all costs incurred by Landlord within five (5) Business Days after demand for such payment. If Tenant fails to pay the cost of storing any damage such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days or more, sell or permit to the interior floorsbe sold, walls, doors and ceilings of the Building, and the heating, ventilation, air conditioning, plumbing, and electrical systems; any or all such property at public or private sale (and Landlord may become a purchaser at such sale), in such manner and at such times and places as Landlord in its sole discretion may deem proper, without notice to Tenant, and Landlord shall apply the proceeds of such sale: first, to the cost and expense of such sale, including reasonable attorney's fees actually incurred; second, to the payment of the costs or charges for storing any such property; third, to the payment of any other sums of money which may then be or later become the property of due Landlord upon the expiration or earlier termination of from Tenant under this Lease; and, and shall remain upon and be surrendered with fourth, the Premises as a part thereof. The provisions of Article 17 shall apply balance, if any, to any restoration work under this Article as if the restoration was an alteration, addition or improvement thereunder. Should Tenant require any period beyond the expiration or earlier termination of the Lease to complete such restoration, Tenant shall be a tenant at sufferance subject to the provisions of Section 12.2 hereofTenant. 30.4 If Tenant shall fail to remove any fixtures or personal property which it is entitled to remove under this Article 30 from the Premises prior to termination of this Lease, then Landlord may dispose of the property under the provisions of Section 1980 et seq. of the California Civil Code, as such provisions may be modified from time to time, or under any other applicable provisions of California law.

Appears in 1 contract

Sources: Lease (United Bancshares Inc /Pa)