RESTORATION OF
SUCH SERVICE OR PERFORMANCE OF SUCH OBLIGATIONS IS REASONABLY WITHIN THE CONTROL
OF LANDLORD; AND (V) AS A RESULT OF SUCH CESSATION OR FAILURE TO PERFORM, THE
PREMISES
10
OR A MATERIAL PORTION THEREOF, IS RENDERED UNTENANTABLE AND TENANT IN FACT
CEASES TO USE THE PREMISES, OR A MATERIAL PORTION THEREOF, THEN TENANT, AS ITS
SOLE REMEDY, SHALL BE ENTITLED TO RECEIVE AN ABATEMENT OF BASE RENT AND TENANT'S
PRO RATA SHARE OF BASIC COSTS AND TAXES PAYABLE HEREUNDER DURING THE PERIOD
BEGINNING ON THE SIXTH (6TH) CONSECUTIVE BUSINESS DAY AFTER LANDLORD'S RECEIPT
OF THE INTERRUPTION NOTICE AND ENDING ON THE DAY WHEN THE SERVICE IN QUESTION
HAS BEEN RESTORED OR OBLIGATION RECOMMENCED, AS THE CASE MAY BE.
IN THE EVENT
THE ENTIRE PREMISES HAS NOT BEEN RENDERED UNTENANTABLE BY THE CESSATION IN
SERVICE OR FAILURE TO PERFORM SUCH OBLIGATION, THE AMOUNT OF ABATEMENT THAT
TENANT IS ENTITLED TO RECEIVE SHALL BE PRORATED BASED UPON THE PERCENTAGE OF THE
PREMISES SO RENDERED UNTENANTABLE AND NOT USED BY TENANT.
7.
LEASEHOLD IMPROVEMENTS; TENANT'S PROPERTY.
ALL FIXTURES (OTHER
THAN TENANT'S PROPERTY (HEREINAFTER DEFINED)), IMPROVEMENTS AND APPURTENANCES
ATTACHED TO, OR BUILT INTO, THE PREMISES AT THE COMMENCEMENT OF OR DURING THE
LEASE TERM, WHETHER OR NOT BY, OR AT THE EXPENSE OF, TENANT (COLLECTIVELY, THE
"LEASEHOLD IMPROVEMENTS"), SHALL BE AND REMAIN A PART OF THE PREMISES, SHALL BE
THE PROPERTY OF LANDLORD, AND SHALL NOT BE REMOVED BY TENANT EXCEPT AS EXPRESSLY
PROVIDED HEREIN.
NOTWITHSTANDING THE FOREGOING, ALL UNATTACHED AND MOVEABLE
PARTITIONS, ALL TRADE FIXTURES, ALL EQUIPMENT INSTALLED BY TENANT (INCLUDING,
WITHOUT LIMITATION, THE EMERGENCY GENERATOR), ALL FURNITURE LOCATED IN THE
PREMISES AND ACQUIRED BY OR FOR THE ACCOUNT OF TENANT, AND ALL PERSONALTY
BROUGHT INTO THE PREMISES BY TENANT (COLLECTIVELY, "TENANT'S PROPERTY") SHALL BE
OWNED AND INSURED BY TENANT.
TENANT SHALL HAVE NO OBLIGATION TO REMOVE OR
RESTORE ANY LEASEHOLD IMPROVEMENTS WHICH WERE INSTALLED BY OR AT THE DIRECTION
OF TENANT OR ANYONE CLAIMING BY, THROUGH OR UNDER TENANT, INCLUDING, WITHOUT
LIMITATION, THE THIRD FLOOR CONNECTOR (HEREINAFTER DEFINED), NOR SHALL TENANT
HAVE ANY OBLIGATION TO REMOVE THE INTERNAL STAIRCASE; PROVIDED, HOWEVER, THAT
UPON THE EXPIRATION OF THE LEASE TERM OR THE SOONER TERMINATION OF TENANT'S
RIGHT TO POSSESSION OF THE PREMISES, TENANT SHALL REMOVE TENANT'S PROPERTY, ALL
ELECTRONIC, PHONE AND DATA CABLING EXCLUSIVELY SERVING THE PREMISES INSTALLED BY
OR AT THE DIRECTION OF TENANT OR ANYONE CLAIMING BY, THROUGH OR UNDER TENANT
(WHETHER SUCH CABLING IS LOCATED WITHIN OR OUTSIDE OF THE PREMISES), AND ALL
LEASEHOLD IMPROVEMENTS RELATED TO TENANT'S RESEARCH AND DEVELOPMENT ACTIVITIES
(EXCEPT THAT TENANT SHALL HAVE NO AFFIRMATIVE OBLIGATION TO REMOVE THE EMERGENCY
GENERATOR UNLESS TENANT CHOOSES TO DO SO).
TENANT SHALL, AT ITS SOLE COST AND
EXPENSE,
REPAIR ANY DAMAGE CAUSED BY SUCH REMOVAL.
IF TENANT FAILS TO REMOVE
ANY OF THE FOREGOING ITEMS OR TO PERFORM ANY REQUIRED REPAIRS AND RESTORATION,
LANDLORD, AT TENANT'S SOLE COST AND EXPENSE, MAY REMOVE THE SAME (AND REPAIR ANY
DAMAGE OCCASIONED THEREBY) AND DISPOSE THEREOF OR DELIVER SUCH