OR ANY PORTION THEREOF, THEN TENANT
SHALL BE LIABLE TO LANDLORD FOR FAILURE TO MAKE SUCH TURNOVER ALTERATIONS.
(F)
TENANT ACKNOWLEDGES AND AGREES THAT IT
SHALL HAVE RESTORATION OBLIGATIONS FOR THE TENANT IMPROVEMENTS KNOWN AS THE
"CUSTOMER BRIEFING AREA" PLANNED
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FOR FORTY PERCENT (40%) OF THE SQUARE FOOTAGE OF THE FIRST (1ST) FLOOR OF THE D
PREMISES (A DRAWING OF WHICH IS ATTACHED HERETO AS EXHIBIT H), SUCH OBLIGATIONS
TO INCLUDE DEMOLITION OF SUCH IMPROVEMENTS, RESTORATION OF ANY FLOOR
PENETRATION, AND RESTORATION OF THE AREA TO SHELL CONDITION.
PRIOR TO THE
COMMENCEMENT OF ANY TENANT IMPROVEMENT, TENANT SHALL FURNISH TO LANDLORD A
LETTER OF CREDIT IN THE AMOUNT OF $150,000 AS SECURITY FOR THE RESTORATION
OBLIGATIONS OUTLINED IN THIS SECTION 10.4(F).
FOR THE AVOIDANCE OF DOUBT, SUCH
LETTER OF CREDIT SHALL BE SUBJECT TO THE TERMS AND REQUIREMENTS OF
SECTION 10.4(B), AND SHALL COUNT TOWARD THE $1 MILLION LIMIT OF
SECTION 10.4(B)(I).
10.5
OWNERSHIP OF IMPROVEMENTS.
EXCEPT AS PROVIDED IN
SECTION 10.6, ALL ALTERATIONS, AND ANY OTHER APPURTENANCES, FIXTURES,
IMPROVEMENTS, EQUIPMENT, ADDITIONS AND PROPERTY PERMANENTLY ATTACHED TO OR
INSTALLED IN THE PREMISES AT THE COMMENCEMENT OF OR DURING THE TERM, SHALL AT
THE END OF THE TERM BECOME LANDLORD'S PROPERTY WITHOUT COMPENSATION TO TENANT,
OR BE REMOVED IN ACCORDANCE WITH THIS SECTION.
LANDLORD SHALL NOTIFY TENANT IN
WRITING AT THE TIME OF LANDLORD'S APPROVAL OF THE ALTERATIONS, AS APPLICABLE,
WHETHER OR NOT THE PROPOSED ALTERATIONS WILL BE REQUIRED TO BE REMOVED BY TENANT
AT THE END OF THE TERM.
TENANT SHALL HAVE NO OBLIGATION TO REMOVE ANY
ALTERATIONS THAT LANDLORD HAS NOT DESIGNATED IN WRITING FOR REMOVAL.
TENANT
SHALL REPAIR OR PAY THE COST OF REPAIRING ANY DAMAGE TO THE PREMISES OR TO THE
BUILDING CAUSED BY THE REMOVAL OF ALTERATIONS.
IF TENANT FAILS TO PERFORM ITS
REPAIR OBLIGATIONS, WITHOUT LIMITING ANY OTHER RIGHT OR REMEDY, LANDLORD MAY ON
FIVE (5) BUSINESS DAYS' PRIOR WRITTEN NOTICE TO TENANT PERFORM SUCH OBLIGATIONS
AT TENANT'S EXPENSE AND TENANT SHALL PROMPTLY REIMBURSE LANDLORD UPON DEMAND FOR
ALL OUT-OF-POCKET COSTS AND EXPENSES INCURRED BY LANDLORD IN CONNECTION WITH
SUCH REPAIR.
IN ADDITION, ANY SUCH REIMBURSEMENT SHALL INCLUDE A FIFTEEN
PERCENT (15%) ADMINISTRATIVE FEE TO COVER LANDLORD'S OVERHEAD IN UNDERTAKING
SUCH REPAIR.
THE REIMBURSEMENT AND ADMINISTRATIVE FEE SHALL BE ADDITIONAL RENT.
TENANT'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS
LEASE.
10.6
TENANT'S PERSONAL PROPERTY.
ALL FURNITURE, TRADE
FIXTURES, FURNISHINGS, EQUIPMENT AND ARTICLES OF MOVABLE PERSONAL PROPERTY
INSTALLED IN THE PREMISES BY OR FOR THE ACCOUNT OF TENANT (EXCEPT FOR CEILING
AND RELATED FIXTURES, HVAC EQUIPMENT AND FLOOR COVERINGS), AND WHICH CAN BE
REMOVED WITHOUT STRUCTURAL OR OTHER MATERIAL DAMAGE TO THE BUILDING
(COLLECTIVELY, "TENANT'S PROPERTY") SHALL BE AND REMAIN THE PROPERTY OF TENANT
AND MAY BE REMOVED BY IT AT ANY TIME DURING THE TERM AND TENANT MAY GRANT A LIEN
ON SUCH PERSONAL PROPERTY.
TENANT SHALL REMOVE FROM THE PREMISES ALL TENANT'S
PROPERTY ON OR BEFORE THE TERMINATION DATE, EXCEPT SUCH ITEMS AS THE PARTIES
HAVE AGREED PURSUANT TO