Common use of Removal of Tenant Improvements Clause in Contracts

Removal of Tenant Improvements. At the time Tenant requests Landlord’s consent to the Final Working Drawings, Tenant shall request a decision from Landlord in writing as to whether Landlord will require Tenant, at Tenant’s expense, to remove any “Specialty Alterations” (as defined below) and repair any damage caused by such removal. If Landlord fails to respond within ten (10) business days after Tenant’s submission of the Final Working Drawings, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes of this Lease “Specialty Alterations” shall mean any of the following: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed in each Building as part of the Tenant Improvements shall be considered “data centers”, but Tenant’s removal obligation with respect to such closets shall be limited to removing the racks and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which (i) perforate a floor slab in a Building or a wall that encloses/encapsulates the Building Structure of any Building, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment; and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. For avoidance of doubt, in no event shall Tenant be required to remove any component of the Tenant Improvements that are not Specialty Improvements upon the expiration or earlier termination of the Lease.

Removal of Tenant Improvements. At the time Tenant requests Landlord’s consent to the Final Working Drawings, Tenant shall request a decision from Landlord in writing as to whether Landlord will require Tenant, at Tenant’s expense, to remove any “Specialty Alterations” (as defined below) and repair any damage caused by such removal. If Landlord fails to respond within ten (10) business days after Tenant’s submission of the Final Working Drawings, then Tenant may deliver a second written notice to Landlord containing the same request as provided above, which second notice shall contain the following provisions in bold, capitalized letters: “IF YOU FAIL TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS FOLLOWING YOUR RECEIPT OF THIS NOTICE, THEN YOU ARE DEEMED TO HAVE CONSENTED TO THE SPECIALTY ALTERATIONS DESCRIBED IN THIS NOTICE AND TO HAVE AGREED THAT TENANT IS NOT REQUIRED TO REMOVE SUCH SPECIALTY ALTERATIONS AT THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.”. In such event of Landlord’s deemed consent, Tenant will not be required to remove any such Specialty Alterations described in Tenant’s second notice to Landlord as provided above. For purposes Tenant Improvements from the Expansion Space at the expiration or sooner termination of this Lease “Specialty Alterations” shall mean Lease, except for any of the following: (a) safes and vaults; (b) specialized flooring (including raised flooring) and/or labs or data centers (for the purpose of this Section 3.8, the 8 to 10 rack network closets to be constructed in each Building as part of the Tenant Improvements which, at the time of approving the Final Plans, Landlord indicates in writing must be so removed. Landlord shall be considered “data centers”, but Tenant’s removal obligation with respect to such closets shall be limited to removing the racks and taking the power back to the power panel serving such closets); (c) conveyors and dumbwaiters; (d) any improvements which (i) perforate a floor slab in a Building or a wall that encloses/encapsulates the Building Structure of any Building, or (ii) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core); (e) special security equipment; and (f) any other installations, additions, improvements or alterations not typically found in general use office space or requiring over-standard demolition or restoration costs for the removal or restoration thereof. For avoidance of doubt, in no event shall require Tenant be required to remove any component of Generic Improvements or any improvements shown on the Schematic Drawings. Any Tenant Improvements that Landlord requires to be removed shall be referred to herein as the "Non-Permanent Tenant Improvements." Notwithstanding the foregoing, in the event Tenant constructs or installs any Tenant Improvements that are not Specialty shown on the Final Plans, then such Tenant Improvements upon the expiration or earlier termination shall be deemed to be Non-Permanent Tenant Improvements for all purposes of the Lease. Landlord's Review Rights and Responsibilities. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of the Final Plans or of any Change Request because, in Landlord's reasonable opinion, the work as described in any Final Plans or any such Change Request: (A) is likely to adversely affect Systems, the structure of the Buildings or the safety of the Buildings and/or their occupants; (B) might impair Landlord's ability to furnish services to Tenant or the Project; (C) would increase the cost of operating the Buildings or the Project; (D) would violate any Laws; (E) contains or uses Hazardous Materials; (F) would adversely affect the appearance of the Expansion Space or the Project or the marketability of the Project to subsequent tenants; (G) is prohibited by any Private Restrictions; (H) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; or (I) is not, at a minimum, in accordance with the level of quality represented by the ▇▇▇▇▇▇▇▇ and Java Improvements. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Tenant acknowledges and agrees that Landlord's review and approval, if granted, of the Final Plans is solely for the benefit of Landlord and to protect the interests of Landlord in the Project and the Premises. Without limiting the generality of the foregoing, Tenant expressly acknowledges and agrees that: Neither the approval by Landlord of the Final Plans or any other plans, specifications, drawings or other items associated with the Tenant Improvements nor Landlord's monitoring of the Tenant Improvements (if Landlord elects to monitor the Tenant Improvements) shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Expansion Space. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Tenant Improvements and the Final Plans are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Expansion Space and Tenant's use of the Expansion Space. Landlord shall not be the guarantor of, nor in any way or to any extent responsible for, the correctness or accuracy of the Final Plans or of the compliance of the Final Plans with applicable Laws, or of the conformance or compatibility of the Final Plans with the actual conditions existing in the Expansion Space. Tenant shall require and be solely responsible for insuring that its architects, engineers and contractors from time to time verify all existing conditions in the Expansion Space (including, without limitation, undertaking a full field verification of such conditions prior to commencing construction of the Tenant Improvements), insofar as they are relevant to, or may affect, the design and construction of the Tenant Improvements, and Landlord shall have no liability to Tenant for any inaccuracy or incorrectness in any of the information supplied by Landlord with regard to such conditions. Tenant shall be solely responsible for, and Landlord specifically reserves the right to require Tenant to make at any time and from time to time during the construction of the Tenant Improvements, any changes to the Final Plans necessary to obtain any Permit or to comply with applicable Laws. Tenant acknowledges and agrees that the Effective Date shall be as set forth in Section 1 of the Amendment, and that such date shall not be subject to postponement or extension for any reason whatsoever, including, without limitation, any requests by Landlord for changes or modifications to the Final Plans.