Common use of Removal of Property Clause in Contracts

Removal of Property. Upon expiration or earlier termination of this Lease, Tenant may remove its trade fixtures, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease 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 or lighting fixtures and apparatus) 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, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, at the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, 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 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 due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Removal of Property. Upon Unless otherwise elected by Landlord as hereinafter provided, all Alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, Tenant may remove its except as otherwise set forth in this Lease. However (i) movable equipment, trade fixtures, office supplies and office furniture and equipment if (a) such personal property, furniture, or any other items are readily moveable and are not attached that can be removed without material harm to the PremisesPremises will remain Tenant's property; and (bii) such removal is completed prior the racks to be installed by Tenant (collectively, "Tenant Owned Property") shall not become the property of Landlord but shall be removed by Tenant upon the expiration or earlier termination of this Lease; (c) . All Tenant is not in default of any covenant Owned Property shall be removed from the Premises at Tenant's sole cost and expense at the expiration or condition sooner termination of this Lease at Lease. When granting consent for any Alterations that require Landlord's consent, Landlord shall indicate whether it will require the time removal 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 those Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) 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, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, at the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entrythe Lease. Prior to making any Alterations not requiring Landlord's consent, Tenant has failed shall request that Landlord notify Tenant whether Landlord requires Tenant to remove that Alteration prior to expiration or earlier termination of the Lease. Tenant shall remove those Alterations that Landlord requested be removed under the prior two sentences at the expiration or earlier termination of the Lease. Tenant shall repair at its sole cost and expense all damage caused to the Premises or the Building by removal of any property from the Premises, Building or Land which it Alterations that Tenant is entitled or required to remove as provided in or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the expiration or earlier termination of the Lease and Tenant shall pay to Landlord the reasonable cost of removal. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease, 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 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 due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Removal of Property. Upon Unless otherwise elected by Landlord as hereinafter provided, all Alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, Tenant may remove its except as otherwise set forth in this Lease. However (i) movable equipment, trade fixtures, office supplies and office furniture and equipment if (a) such personal property, furniture, or any other items are readily moveable and are not attached that can be removed without material harm to the PremisesImprovements will remain Tenant’s property; and (bii) such removal is completed prior to any racks installed by Tenant (collectively, “Tenant Owned Property”) shall not become the property of Landlord but shall be removed by Tenant upon the expiration or earlier termination of this Lease; (c) . All Tenant is not in default of any covenant Owned Property shall be removed from the Premises at Tenant’s sole cost and expense at the expiration or condition sooner termination of this Lease at Lease. When granting consent for any Alterations that require Landlord’s consent, Landlord shall indicate whether it will require the time removal 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 those Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) 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, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, at the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entrythe Lease. Prior to making any Alterations not requiring Landlord’s consent, Tenant has failed may request that Landlord notify Tenant whether Landlord requires Tenant to remove that Alteration prior to expiration or earlier termination of the Lease. Tenant shall remove those Alterations that Landlord requested be removed under the prior two sentences at the expiration or earlier termination of the Lease. Tenant shall repair at its sole cost and expense all damage caused to the Premises or the Building by removal of any property from the Premises, Building or Land which it Alterations that Tenant is entitled or required to remove as provided in or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the expiration or earlier termination of the Lease and Tenant shall pay to Landlord the reasonable cost of removal. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease, 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 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 due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Removal of Property. Upon expiration or earlier termination All Alterations shall become the property ------------------- of this LeaseLandlord, Tenant may remove its trade fixturesand shall be surrendered to Landlord, office supplies and office furniture and equipment if (a) such items are readily moveable and are not attached to the Premises; (b) such removal is completed prior to upon the expiration or earlier termination of this Lease; provided, however, that this provision shall not apply to movable equipment, trade fixtures, personal property or furniture owned by Tenant (c) "Tenant is not in default Owned Property"). At Landlord's sole election, any or all Alterations made by or on behalf of any covenant Tenant shall be removed from the Premises at Tenant's sole cost and expense at the expiration or condition sooner termination of this Lease (provided that, if Landlord's consent was required for the installation of any Alteration(s), Landlord conditioned its consent upon the requirement that Tenant remove such Alteration(s) upon expiration or earlier termination of this Lease), and the Premises shall be restored, at Tenant's sole cost and expense, to their condition before the time making of such removal; Alterations. The foregoing removal and (d) restoration obligation shall not apply to the Tenant immediately repairs Improvements. Tenant shall repair at its sole cost and expenses 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 floor, walls, ceiling or any other part of the Premises or Building, shall become the property Building by removal of Landlord and shall remain upon and be surrendered with any Alterations or Tenant Owned Property. Any Tenant Owned Property not removed from the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, at Premises before the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entry, Tenant has failed to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, Landlord mayshall, at its Landlord's option, become the property of Landlord, or Landlord may remove them and store such property without liability for loss of or damage Tenant shall pay to such property, such storage to be for the account and at the expense of Tenant. If Tenant fails to pay Landlord the cost of storing removal. Tenant waives and releases its rights under Section 1019 of the California Civil Code, or any such property, Landlord may, at its option, after it has been stored for a period of twenty (20) Business Days similar law now 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), hereafter 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: firsteffect, to the cost and expense extent inconsistent with the provisions 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 due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenant.

Removal of Property. Upon 30.1 Except as provided below, all fixtures and personal property owned by Tenant shall be and remain the property of Tenant, and may be removed by Tenant at any time, but not later than the expiration or earlier termination of the term of this Lease. 30.2 The Building and Site Improvements, the Tenant Improvements paid from the Tenant Improvement Allowance and all fixtures and personal property 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 its trade fixtures, office supplies and office furniture and equipment any property if (a) such items are readily moveable and are not attached removal would cause material damage to the Premises; (b) , unless such damage can be and is repaired by Tenant. Furthermore, Tenant shall repair any damage to the Premises caused by Tenant’s removal is completed of any such property, and shall, prior to the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease at the time of such removal; , restore and (d) Tenant immediately repairs all damage caused by or resulting from such removal. All other property in return 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 floorcondition they were in when first occupied by 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, ceiling or any other part doors and ceilings 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, except Premises as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs"a part thereof. Tenant waives all rights The provisions of Article 17 shall apply to any payment restoration work under this Article as if the restoration was an alteration, addition or compensation for such propertyimprovement thereunder. If, at Should Tenant require any period beyond the expiration or earlier termination of this the Lease or at to complete such time as Landlord exercises its right of re-entryrestoration, Tenant has failed 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 from the Premises, Building or Land which it is entitled or required to remove as provided in under this Article 30 from the Premises prior to termination of this Lease, 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 then 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 dispose of the costs 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 charges for storing any such property; third, to the payment of under any other sums applicable provisions of money which may then be or later become due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to TenantCalifornia law.

Removal of Property. Upon expiration or earlier termination All Alterations shall become the property of this Lease, Tenant may remove its trade fixtures, office supplies Landlord and office furniture and equipment if (a) such items are readily moveable and are not attached shall be surrendered to the Premises; (b) such removal is completed prior to Landlord upon the expiration or earlier termination of this Lease; (c) Tenant is not in default of any covenant or condition of this Lease 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 (includingHowever movable equipment, wall-to-wall carpetingtrade fixtures, panelingpersonal property, wall covering or lighting fixtures and apparatus) furniture, or any other article affixed items paid for by Tenant that can be removed without material harm to the floorImprovements will remain Tenant’s property (collectively, walls, ceiling or any other part of the Premises or Building, “Tenant Owned Property”) shall not become the property of Landlord but shall be removed by Tenant upon the expiration or earlier termination of this Lease. All Tenant Owned Property shall be removed from the Premises at Tenant’s sole cost and expense at the expiration or sooner termination of this Lease. When granting consent for any Alterations that require Landlord’s consent, Landlord shall remain upon and be surrendered with indicate whether it will require the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, removal of those Alterations at the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entrythe Lease. Prior to making any Alterations not requiring Landlord’s consent, Tenant has failed may request that Landlord notify Tenant whether Landlord requires Tenant to remove any property from that Alteration prior to expiration or earlier termination of the Premises, Building Lease. Tenant shall remove those Alterations that Landlord requested be removed under the prior two sentences at the expiration or Land which it is entitled or required to remove as provided in this earlier termination of the Lease, Landlord may, . Tenant shall repair 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 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, all damage caused to the payment Premises or the Building by removal of any Alterations, its signage or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the expiration or earlier termination of the costs or charges for storing any such property; third, Lease and Tenant shall pay to Landlord the payment reasonable cost of any other sums of money which may then be or later become due Landlord from Tenant removal. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease; and, fourth, the balance, if any, to Tenant.

Removal of Property. Upon expiration or earlier termination Except as hereinafter provided, all Alterations shall become the property of this Lease, Tenant may remove its trade fixtures, office supplies Landlord and office furniture and equipment if (a) such items are readily moveable and are not attached shall be surrendered to the Premises; (b) such removal is completed prior to Landlord upon the expiration or earlier termination of this Lease; . However (ci) Tenant is not in default of movable equipment, trade fixtures, personal property, furniture, or any covenant other items that can be removed without material harm to the Premises or condition of this Lease at the time of such removalProperty will remain Tenant's property; and (dii) any racks to be installed by Tenant immediately repairs all damage caused by or resulting from such removal. All other property in the Premises and any (collectively, "Tenant Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatusOwned Property") or any other article affixed to the floor, walls, ceiling or any other part of the Premises or Building, shall not become the property of Landlord and All Tenant Owned Property shall remain upon and be surrendered with removed from the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Premises at Tenant's Contribution to Tenant Improvement Costs"sole cost and expense at the expiration or sooner termination of this Lease. Tenant waives all rights to When granting consent for any payment or compensation for such property. IfAlterations that require Landlord's consent, Landlord shall indicate whether it will require the removal of those Alterations at the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entrythe Lease. Prior to making any Alterations not requiring Landlord's consent, Tenant has failed may request that Landlord notify Tenant whether Landlord requires Tenant to remove any property from that Alteration prior to expiration or earlier termination of the Premises, Building Lease. Tenant shall remove those Alterations that Landlord requested be removed under the prior two sentences at the expiration or Land which it is entitled or required to remove as provided in this earlier termination of the Lease, Landlord may, . Tenant shall repair 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 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, all damage caused to the payment Premises or the Building by removal of any Alterations or Tenant Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the expiration or earlier termination of the costs or charges for storing any such property; third, Lease and Tenant shall pay to Landlord the payment reasonable cost of any other sums of money which may then be or later become due Landlord from Tenant removal. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease; and, fourth, the balance, if any, to Tenant.

Removal of Property. Upon the expiration or earlier termination of this Lease, unless such termination occurs in accordance with the terms of the Order of Approval, all Alterations shall become the property of Landlord and shall be surrendered to Landlord, unless required to be removed by Landlord as provided herein. Upon the expiration of the Term, or earlier termination of this Lease Tenant may shall remove its trade fixtures(v) inventory, office supplies (w) any property leased or licensed to Tenant for use in the operation of the Landlord’s Property, (w) any property of a proprietary nature, (x) all cash, checks, notes, securities, evidences of indebtedness (collectively, “Tenant Owned Property”). All Tenant Owned Property shall be removed from the Landlord’s Property at Tenant’s sole cost and office furniture and equipment if (a) such items are readily moveable and are not attached to expense at the Premises; (b) such expiration or sooner termination of this Lease. When granting consent for any Alterations that require Landlord’s consent, Landlord shall indicate whether it will require the removal is completed prior to of those Alterations at the expiration or earlier termination of this Lease; (c) . Prior to making any Alterations, Tenant is not in default of any covenant may request that Landlord notify Tenant whether Landlord requires Tenant to remove that Alteration prior to expiration or condition earlier termination of this Lease Lease. Tenant shall remove those Alterations that Landlord requested be removed under the prior two sentences at the time expiration or earlier termination of such removal; this Lease. Tenant shall repair, at its sole cost and (d) Tenant immediately repairs expense, all damage caused to the Landlord’s Property or the Building(s) by removal of any Alterations or resulting from such removalTenant Owned Property. All other property in the Premises and Landlord may remove any Tenant Owned Property or Alterations (including, wall-to-wall carpeting, paneling, wall covering or lighting fixtures and apparatus) or any other article affixed that Tenant is required but fails 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, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, remove at the expiration or earlier termination of this Lease and Tenant shall pay to Landlord the reasonable cost of removal. Tenant’s obligations under this Section 7.2 shall survive the expiration or earlier termination of this Lease. All of Tenant Owned Property which may be installed or placed in or upon the Landlord’s Property by Tenant shall remain the property of Tenant. Tenant may assign, hypothecate, encumber, mortgage or create a security interest in or upon Tenant Owned Property in the Landlord’s Property without the consent of Landlord and may remove Tenant Owned Property at such any time as during the Term. To the extent Landlord exercises its right of re-entry, Tenant has failed may have a lien on or security interest in the Tenant’s Property pursuant to remove any property from the Premises, Building or Land which it is entitled or required to remove as provided in this Lease, by law or otherwise, Landlord mayhereby waives, at its option, remove and store such property without liability for loss of or damage agrees not to such propertyassert, 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 lien 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, 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 due Landlord from Tenant under this Lease; and, fourth, the balance, if any, to Tenantsecurity interest.

Removal of Property. Upon expiration or earlier termination All Alterations shall become the property of this Lease, Tenant may remove its trade fixtures, office supplies Landlord and office furniture and equipment if (a) such items are readily moveable and are not attached shall be surrendered to the Premises; (b) such removal is completed prior to Landlord upon the expiration or earlier termination of this Lease; . However (ci) movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to the Improvements will remain Tenant’s property (“Tenant is not in default of any covenant or condition of this Lease at the time of such removalOwned Property”); and (dii) the racks to be installed by 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 floor, walls, ceiling or any other part of the Premises or Building, shall not become the property of Landlord but shall be removed by Tenant upon the expiration or earlier termination of this Lease. All Tenant Owned Property (including the racks) shall be removed from the Premises at Tenant’s sole cost and expense at the expiration or sooner termination of this Lease. When granting consent for any Alterations that require Landlord’s consent, Landlord shall remain upon and be surrendered with indicate whether it will require the Premises, except as may be otherwise provided in the paragraph captioned "Tenant Alterations" or the paragraph captioned "Tenant's Contribution to Tenant Improvement Costs". Tenant waives all rights to any payment or compensation for such property. If, removal of those Alterations at the expiration or earlier termination of this Lease or at such time as Landlord exercises its right of re-entrythe Lease. Prior to making any Alterations not requiring Landlord’s consent, Tenant has failed may request that Landlord notify Tenant whether Landlord requires Tenant to remove any property from that Alteration prior to expiration or earlier termination of the Premises, Building Lease. Tenant shall remove those Alterations that Landlord requested be removed under the prior two sentences at the expiration or Land which it is entitled or required to remove as provided in this earlier termination of the Lease, Landlord may, . Tenant shall repair 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 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, all damage caused to the payment Premises or the Building by removal of any Alterations, racking or Tenant Owned Property. Landlord may remove any Tenant Owned Property, racking or Alterations that Tenant is required but fails to remove at the expiration or earlier termination of the costs or charges for storing any such property; third, Lease and Tenant shall pay to Landlord the payment reasonable cost of any other sums of money which may then be or later become due Landlord from Tenant removal. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease; and, fourth, the balance, if any, to Tenant.