ANY ALTERATIONS PERMITTED TO BE
CONSTRUCTED HEREUNDER (INCLUDING, WITHOUT LIMITATION, THE EXECUTION OF SUCH
APPLICATIONS BY LANDLORD).
ARTICLE 12
LANDLORD'S AND TENANT'S PROPERTY
12.01
ALL FIXTURES, EQUIPMENT, IMPROVEMENTS AND APPURTENANCES ATTACHED TO
OR BUILT INTO THE PREMISES AT THE COMMENCEMENT OF OR DURING THE TERM OF THIS
LEASE, WHETHER OR NOT BY OR AT THE EXPENSE OF TENANT, SHALL BE AND REMAIN A PART
OF THE PREMISES, SHALL, UPON THE EXPIRATION OR SOONER TERMINATION OF THIS LEASE,
BE DEEMED THE PROPERTY OF LANDLORD AND SHALL NOT BE REMOVED BY TENANT, EXCEPT AS
PROVIDED IN SECTION 12.02.
FURTHER, ANY CARPETING OR OTHER PERSONAL PROPERTY IN
THE PREMISES ON THE COMMENCEMENT DATE, UNLESS INSTALLED AND PAID FOR BY TENANT,
SHALL BE AND SHALL REMAIN LANDLORD'S PROPERTY AND SHALL NOT BE REMOVED BY
TENANT.
NOTWITHSTANDING THE FOREGOING PROVISIONS, UPON NOTICE TO TENANT NO
LATER THAN ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE EXPIRATION DATE OR UPON
REASONABLE NOTICE WITH RESPECT TO SUCH EARLIER DATE UPON WHICH THE TERM OF THIS
LEASE SHALL EXPIRE, LANDLORD MAY REQUIRE TENANT TO REMOVE ALL OR PART OF THE
FOREGOING FIXTURES, EQUIPMENT, IMPROVEMENTS AND APPURTENANCES ATTACHED TO OR
BUILT INTO THE PREMISES DURING THE TERM OF THIS LEASE BY IDENTIFYING TO TENANT
IN WRITING, ANY ALTERATIONS THAT WILL REQUIRE RESTORATION UPON THE EXPIRATION OR
SOONER TERMINATION OF THIS LEASE; PROVIDED, HOWEVER, THAT (I) TENANT SHALL NOT
BE OBLIGATED TO REMOVE ANY SUCH FIXTURES, EQUIPMENT, IMPROVEMENTS AND
APPURTENANCES INSTALLED PRIOR TO THE DATE OF THIS LEASE, AND (II) TENANT'S
OBLIGATION TO REMOVE FIXTURES, EQUIPMENT, IMPROVEMENTS AND APPURTENANCES
INSTALLED AFTER THE DATE OF THIS LEASE SHALL BE LIMITED TO ITEMS THAT ARE NOT OF
THE TYPE, QUALITY OR QUANTITY OF IMPROVEMENT THAT IS CUSTOMARILY FOUND IN A
STANDARD OFFICE INSTALLATION IN FIRST CLASS OFFICE BUILDINGS IN THE MIDTOWN AREA
OF MANHATTAN IN THE CITY OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, KITCHENS
(WHICH SHALL NOT INCLUDED PANTRIES), VAULTS, PRIVATE RESTROOMS, SHOWER ROOMS
39
AND SHOWER STALLS, RAISED OR REINFORCED FLOORING, STAIRCASES OR SUPPLEMENTAL
HVAC EQUIPMENT (EXCEPT THAT TENANT SHALL NOT BE REQUIRED TO REMOVE CEILING HUNG
SUPPLEMENTAL AIR-CONDITIONING UNITS HAVING A CAPACITY OF FIVE (5) TONS OR
LESS).
TENANT SHALL REMOVE ANY SUCH ITEMS REQUIRED BY LANDLORD PURSUANT TO THE
PRECEDING SENTENCE FROM THE PREMISES PRIOR TO THE EXPIRATION OF THIS LEASE AT
TENANT'S EXPENSE.
UPON SUCH REMOVAL TENANT SHALL IMMEDIATELY AND AT ITS
EXPENSE, REPAIR AND RESTORE THE PREMISES TO THE CONDITION EXISTING PRIOR TO
INSTALLATION AND REPAIR ANY DAMAGE TO THE PREMISES OR THE BUILDING DUE TO SUCH
REMOVAL.
AT TENANT'S WRITTEN REQUEST, AT THE TIME OF LANDLORD'S CONSENT TO
TENANT'S ALTERATIONS, LANDLORD WILL IDENTIFY ANY ALTERATIONS SPECIFIED IN
TENANT'S PLANS THAT WILL REQUIRE RESTORATION (SUBJECT TO THE LIMITATIONS
CONTAINED IN THIS SECTION 12.01) UPON THE EXPIRATION OR SOONER TERMINATION OF
THIS LEASE.
12.02
ALL MOVABLE PARTITIONS, FURNITURE SYSTEMS, SPECIAL CABINET WORK,
BUSINESS AND TRADE FIXTURES, MACHINERY AND EQUIPMENT, COMMUNICATIONS EQUIPMENT
(INCLUDING, WITHOUT LIMITATION, TELEPHONE SYSTEM, SECURITY SYSTEM AND WIRING)
AND OFFICE EQUIPMENT, WHETHER OR