AND ANY ALTERATION SHALL BE DEEMED TO INCLUDE ALL TRADES AND
MATERIALS INVOLVED IN ACCOMPLISHING A PARTICULAR RESULT.
8.5
LANDLORD'S PROPERTY.
LANDLORD AND TENANT HEREBY ACKNOWLEDGE AND
AGREE THAT (I) ALL ALTERATIONS, IMPROVEMENTS, FIXTURES, EQUIPMENT AND/OR
APPURTENANCES WHICH MAY BE INSTALLED OR PLACED IN OR ABOUT THE PREMISES, FROM
TIME TO TIME, SHALL BE AT THE SOLE COST OF TENANT AND SHALL BE AND BECOME PART
OF THE PREMISES AND THE PROPERTY OF LANDLORD, AND (II) THE IMPROVEMENTS TO BE
CONSTRUCTED IN THE PREMISES PURSUANT TO THE TCCS OF THE WORK LETTER AGREEMENT
SHALL, UPON COMPLETION OF THE SAME, BE AND BECOME A PART OF THE PREMISES AND THE
PROPERTY OF LANDLORD; PROVIDED, HOWEVER, TENANT MAY REMOVE ANY ALTERATIONS,
IMPROVEMENTS (EXCLUDING THE IMPROVEMENTS), FIXTURES AND/OR EQUIPMENT WHICH
TENANT CAN SUBSTANTIATE TO LANDLORD HAVE NOT BEEN PAID FOR BY ANY IMPROVEMENT
ALLOWANCE FUNDS, PROVIDED THAT TENANT REPAIRS ANY AND ALL DAMAGE TO THE PREMISES
OR THE BUILDING CAUSED IN WHOLE OR IN PART BY SUCH
30
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
REMOVAL, AND RETURNS THE AFFECTED PORTION OF THE BUILDING OR THE PREMISES TO AN
AS IMPROVED BUILDING STANDARD CONDITION, AS REASONABLY APPROVED BY LANDLORD.
FURTHERMORE, LANDLORD MAY, BY WRITTEN NOTICE TO TENANT, AT LEAST SIXTY (60) DAYS
PRIOR TO THE END OF THE LEASE TERM, OR GIVEN FOLLOWING ANY EARLIER TERMINATION
OF THIS LEASE, REQUIRE TENANT, AT TENANT'S EXPENSE, TO REMOVE ANY ALTERATIONS OR
IMPROVEMENTS LOCATED WITHIN THE PREMISES, TO REPAIR ANY DAMAGE TO THE PREMISES
AND BUILDING CAUSED BY SUCH REMOVAL, AND TO RETURN THE AFFECTED PORTION OF THE
PREMISES TO A BUILDING STANDARD TENANT IMPROVED CONDITION AS DETERMINED BY
LANDLORD; PROVIDED, HOWEVER, IF, IN CONNECTION WITH ITS NOTICE TO LANDLORD WITH
RESPECT TO ANY SUCH ALTERATIONS, (X) TENANT REQUESTS LANDLORD'S DECISION WITH
REGARD TO THE REMOVAL OF SUCH ALTERATIONS, AND (Y) LANDLORD THEREAFTER AGREES IN
WRITING TO WAIVE THE REMOVAL REQUIREMENT WHEN APPROVING SUCH ALTERATIONS, THEN
TENANT SHALL NOT BE REQUIRED TO SO REMOVE SUCH ALTERATIONS; PROVIDED FURTHER,
HOWEVER, THAT IF TENANT REQUESTS SUCH A DETERMINATION FROM LANDLORD AND
LANDLORD, WITHIN TEN (10) BUSINESS DAYS FOLLOWING LANDLORD'S RECEIPT OF SUCH
REQUEST FROM TENANT WITH RESPECT TO ALTERATIONS, FAILS TO ADDRESS THE REMOVAL
REQUIREMENT WITH REGARD TO SUCH ALTERATIONS, LANDLORD SHALL BE DEEMED TO HAVE
AGREED TO WAIVE THE REMOVAL REQUIREMENT WITH REGARD TO SUCH ALTERATIONS.
IF
TENANT FAILS TO COMPLETE SUCH REMOVAL AND/OR TO REPAIR ANY DAMAGE CAUSED BY THE
REMOVAL OF ANY ALTERATIONS OR IMPROVEMENTS IN THE PREMISES, AND RETURN THE
AFFECTED PORTION OF THE PREMISES TO A BUILDING STANDARD TENANT IMPROVED
CONDITION AS DETERMINED BY LANDLORD, THEN LANDLORD MAY DO SO AND MAY CHARGE THE
COST THEREOF TO TENANT.
TENANT HEREBY PROTECTS, DEFENDS, INDEMNIFIES AND HOLDS
LANDLORD HARMLESS FROM ANY LIABILITY, COST, OBLIGATION, EXPENSE OR CLAIM OF LIEN
IN ANY MANNER RELATING TO THE INSTALLATION, PLACEMENT, REMOVAL OR FINANCING OF
ANY SUCH ALTERATIONS, IMPROVEMENTS, FIXTURES AND/OR EQUIPMENT IN, ON OR ABOUT
THE PREMISES, WHICH OBLIGATIONS