Condition upon Return to Lessor. The Lessee shall, upon the expiration or earlier termination of this Lease (other than as a result of the Lessee’s purchase of the Property from the Lessor as provided herein), vacate and surrender the Property to the Lessor in its then-current, “AS IS” condition, without any express or implied warranty subject to the Lessee’s obligations under Sections 8.3, Article IX, 10.1, 11.1, 14.3, 14.4 and Article XX. Title to all improvements, furnishings, furniture, fixtures and any personal property of the Lessee which were not funded by the Lessor and the Lenders pursuant to the Participation Agreement or the Prior Participation Agreement, located on or about the Property whether or not affixed to the realty, shall, subject to the following sentence, be and remain the property of the Lessee throughout the Lease Term, and at any time during the Lease Term, may be removed by the Lessee or, at the Lessee’s election surrendered with the Property, in which event title to such surrendered property shall, if the Lessor so elects, be deemed transferred to the Lessor. Notwithstanding the foregoing, any fixture constituting part of the Property which is required by Applicable Law or which cannot be removed without causing (a) material damage to the Property, (b) any diminution in the Fair Market Sales Value of the Property or (c) any diminution in the remaining useful life of the Property, shall at all times remain part of the Property.
Appears in 1 contract
Samples: Lease (Adobe Systems Inc)
Condition upon Return to Lessor. The Lessee shall, upon the expiration or earlier termination of this Lease (other than as a result of the Lessee’s 's purchase of the Property from the Lessor as provided herein), vacate and surrender the Property to the Lessor in its then-current, “"AS IS” " condition, without any express or implied warranty subject to the Lessee’s 's obligations under Sections 8.3, Article IX, 10.1, 11.1, 14.3, 14.4 and Article XX. Title to all improvements, furnishings, furniture, fixtures and any personal property of the Lessee which were not funded by the Lessor and the Lenders pursuant to the Participation Agreement or the Prior Participation Agreement, located on or about the Property whether or not affixed to the realty, shall, subject to the following sentence, be and remain the property of the Lessee throughout the Basic Lease Term, and at any time during the Basic Lease Term, may be removed by the Lessee or, at the Lessee’s 's election surrendered with the Property, in which event title to such surrendered property shall, if the Lessor so elects, be deemed transferred to the Lessor. Notwithstanding the foregoing, any fixture constituting part of the Property which is required by Applicable Law or which cannot be removed without causing (a) material damage to the Property, (b) any diminution in the Fair Market Sales Value of the Property or (c) any diminution in the remaining useful life of the Property, shall at all times remain part of the Property.
Appears in 1 contract
Samples: Lease (Adobe Systems Inc)
Condition upon Return to Lessor. The Lessee shall, upon the expiration or earlier termination of this Lease (other than as a result of the Lessee’s 's purchase of the Property from the Lessor as provided herein), vacate and surrender the each Property to the Lessor in its then-current, “"AS IS” " condition, without any express or implied warranty subject to the Lessee’s 's obligations under Sections 8.3, Article IX, 10.1, 11.1, 14.314.1, 14.4 14.2 and Article XX. Title to all improvements, furnishings, furniture, fixtures and any personal property of the Lessee which were not funded by the Lessor and the Lenders pursuant to the Participation Agreement or the Prior Participation Agreement, located on or about the any Property whether or not affixed to the realty, shall, subject to the following sentence, be and remain the property of the Lessee throughout the Lease Basic Term, and at any time during the Lease TermBasic Term and within thirty (30) days following the expiration or earlier termination of this Lease, may be removed by the Lessee or, at the Lessee’s 's election surrendered with the Property, in which event title to such surrendered property shall, if the Lessor so elects, be deemed transferred to the Lessor. Notwithstanding the foregoing, Lessee shall not remove any fixture constituting part of the any Property which is required by Applicable Law or which Master Lease cannot be removed without causing (ay) material damage to the Property, Property which is not promptly repaired by the Lessee or (bz) any diminution in to the Fair Market Sales Value of the Property or (c) any diminution in the remaining useful life of the Property, shall at all times remain part of the applicable Property.
Appears in 1 contract
Samples: Master Lease (Citrix Systems Inc)
Condition upon Return to Lessor. The Lessee shall, upon the expiration or earlier termination of this Lease (other than as a result of the Lessee’s purchase of the Property from the Lessor as provided herein), vacate and surrender the each Property to the Lessor in its then-current, “AS IS” condition, without any express or implied warranty subject to the Lessee’s obligations under Sections 8.3, Article IX, 10.1, 11.1, 14.314.1, 14.4 14.2 and Article XX. Title to all improvements, furnishings, furniture, fixtures and any personal property of the Lessee which were not funded by the Lessor and the Lenders pursuant to the Participation Agreement or the Prior Participation Agreement, located on or about the any Property whether or not affixed to the realty, shall, subject to the following sentence, be and remain the property of the Lessee throughout the Lease Basic Term, and at any time during the Lease TermBasic Term and within thirty (30) days following the expiration or earlier termination of this Lease, may be removed by the Lessee or, at the Lessee’s election surrendered with the Property, in which event title to such surrendered property shall, if the Lessor so elects, be deemed transferred to the Lessor. Notwithstanding the foregoing, Lessee shall not remove any fixture constituting part of the any Property which is required by Applicable Law or which cannot be removed without causing (ay) material damage to the Property, Property which is not promptly repaired by the Lessee or (bz) any diminution in to the Fair Market Sales Value of the Property or (c) any diminution in the remaining useful life of the Property, shall at all times remain part of the applicable Property.
Appears in 1 contract
Samples: Master Lease (Citrix Systems Inc)