OF TENANT,
PROVIDED THAT TENANT SHALL BE REQUIRED TO RESTORE THE DEMISED PREMISES IN
ACCORDANCE WITH SECTION 19(G), BELOW.
(F)
REMOVAL OF IMPROVEMENTS.
AS A CONDITION
TO GRANTING APPROVAL FOR ANY CHANGES OR ALTERATIONS, LANDLORD MAY REQUIRE
TENANT, BY WRITTEN NOTICE TO TENANT GIVEN AT OR PRIOR TO THE TIME OF GRANTING
SUCH APPROVAL, TO REMOVE ANY IMPROVEMENTS, ADDITIONS OR INSTALLATIONS INSTALLED
BY TENANT IN THE DEMISED PREMISES AT TENANT'S SOLE COST AND EXPENSE AT THE END
OF THE TERM OF THIS LEASE AND REPAIR AND RESTORE ANY DAMAGE CAUSED BY THE
INSTALLATION AND REMOVAL OF SUCH IMPROVEMENTS, ADDITIONS, OR INSTALLATIONS;
PROVIDED, HOWEVER, THE ONLY IMPROVEMENTS, ADDITIONS OR INSTALLATIONS WHICH
TENANT SHALL REMOVE SHALL BE THOSE SPECIFIED IN SUCH NOTICE.
ALL IMPROVEMENTS,
ADDITIONS OR INSTALLATIONS INSTALLED BY TENANT WHICH DID NOT REQUIRE LANDLORD'S
PRIOR APPROVAL SHALL BE REMOVED BY TENANT AS PROVIDED FOR IN THIS SECTION 19(F),
UNLESS SUCH IMPROVEMENTS, ADDITIONS OR INSTALLATIONS DO NOT ADVERSELY AFFECT
LANDLORD'S ABILITY TO RE-LEASE THE DEMISED PREMISES.
PRIOR TO MAKING ANY
IMPROVEMENTS, ADDITIONS OR ALTERATIONS THAT DO NOT REQUIRE LANDLORD'S APPROVAL,
TENANT MAY REQUEST LANDLORD TO SPECIFY WHETHER LANDLORD CONSIDERS SUCH
IMPROVEMENTS, ADDITIONS OR INSTALLATIONS TO BE OF THE TYPE THAT WOULD ADVERSELY
AFFECT LANDLORD'S ABILITY TO RE-LEASE THE DEMISED PREMISES IF NOT REMOVED BY
TENANT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TENANT SHALL
HAVE THE RIGHT TO REMOVE ANY IMPROVEMENTS, ADDITIONS OR ALTERATIONS INSTALLED BY
TENANT AND AT ITS EXPENSE UPON EXPIRATION OR EARLIER TERMINATION OF THE TERM SO
LONG AS TENANT REPAIRS ANY DAMAGE
43
CAUSED BY SUCH REMOVAL AT ITS SOLE COST AND EXPENSE AND RETURNS THE APPLICABLE
PORTION OF THE DEMISED PREMISES TO ITS ORIGINAL CONDITION PRIOR TO THE
INSTALLATION OF SUCH IMPROVEMENT, ADDITION OR ALTERATION.
(G)
REASONABLE CONSENT.
ALL CONSENTS REQUIRED
OF LANDLORD UNDER THIS ARTICLE XIX SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED
BY LANDLORD.
(H)
NOTICE TO LANDLORD.
REGARDLESS OF WHETHER
LANDLORD'S CONSENT IS REQUIRED TO ANY CHANGE OR ALTERATION TO THE DEMISED
PREMISES MADE OR TO BE MADE BY TENANT, SUCH CHANGES OR ALTERATIONS SHALL NOT BE
COMMENCED UNTIL TWO (2) BUSINESS DAYS NOTICE AFTER LANDLORD HAS RECEIVED NOTICE
FROM TENANT STATING THE DATE SUCH CHANGES OR ALTERATIONS ARE TO COMMENCE SO THAT
LANDLORD CAN POST AND RECORD AN APPROPRIATE NOTICE OF NONRESPONSIBILITY.
ARTICLE XX
ATTORNEYS' FEES
In the event of any litigation, arbitration, mediation or any other action taken
by either party to this Lease to enforce any provision of this Lease, enforce
any remedy available upon default under this Lease, or seek a declaration of the
rights of a party under this Lease, the prevailing party shall be entitled to
recover in such action such attorneys' fees and costs as may be reasonably
incurred, including, without limitation, the costs of reasonable investigation,
preparation and professional or expert consultation, travel expenses, costs on
appeal, court reporter fees and expenses, incurred by reason of such litigation,
arbitration or other action.
All other attorneys' fees and cost relating to the
negotiation and documentation of