Common use of Fixtures and Personal Property Clause in Contracts

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Triple Net Lease Agreement (Zoned Properties, Inc.), Triple Net Lease Agreement (Zoned Properties, Inc.)

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Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements, which are visible from outside the Premises. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Leasethe Lease by 30 days, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s 's election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, shale become the property of LandlordLandlord after completion of installation by Tenant. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 3 contracts

Samples: NNN Lease Agreement (Zoned Properties, Inc.), NNN Lease Agreement (Zoned Properties, Inc.), NNN Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. TenantA. Except as otherwise provided herein, Tenant shall have the right to use the existing furniture, fixtures and equipment located within the Demised Premises as of the Commencement Date (the “FFE”), a list of which is attached hereto as Exhibit “E”, and the cost of which is included in the Rent. During the term of this Lease, Tenant shall be responsible to maintain such FFE in good condition and repair, reasonable wear and tear excepted, at Tenant’s sole cost and expense. Tenant further acknowledges and agrees that Landlord is providing such FFE to Tenant in its “as-is” condition and is not making any representation or warranty with respect to its condition to Tenant hereunder. Upon the expiration of the term of this Lease, may install any necessary trade fixtures, equipment and furniture the FFE shall remain in the Premises, provided that such items are installed Demised Premises and are removable without damage Tenant shall surrender the FFE to Landlord with the structure Demised Premises in at least as good condition as of the PremisesCommencement Date, including, but not limited to, ordinary wear and tear and casualty damage to drywall, doors, door frames and floors. Landlord reserves excepted. B. Tenant shall have the right to approve or disapprove of any interior improvements. Such improvements must be submitted install its own phone system, for LandlordTenant’s written approval prior to installation, or Landlord may remove or replace such items exclusive use at Tenant’s sole cost and expense. Said Subject to its review of more detailed plans therefor and subject to compliance with all applicable governmental building codes and ordinances and approval of applicable governmental authorities, Landlord hereby approves of Tenant’s construction of improvements as set forth in Exhibit “F” hereto and agrees that Tenant shall be entitled to surrender such alterations upon the termination of the Sublease. C. Any trade fixtures, business equipment, furnitureinventory, cabling trademarked items, signs, decorative soffit, counters, shelving, showcases, mirrors and other removable personal property installed in or on the Demised Premises by Tenant at its expense (“Tenant’s Property”), shall remain the property of Tenant. Landlord agrees that Tenant shall have the right, at any time or from time to time, to remove any and all of Tenant’s property Property. Tenant at its expense shall immediately repair any damage occasioned by the removal of Tenant’s Property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this LeaseSublease, shall leave the Demised Premises in a neat and clean condition, free of debris, normal wear and tear excepted. Tenant shall repairpay before delinquency all taxes, at assessments, license fees and public charges levied, assessed or imposed upon its business operation in the Demised Premises as well as upon Tenant’s sole expense, or at LandlordProperty if any of Tenant’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the Property is assessed with property of Landlord. If Tenant fails to remove any items required by , then such assessment shall be equitably divided between Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand to the end that Tenant shall pay only its equitable portion of Landlord, pay to such assessment. Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in shall determine the reasonable basis of so storing and/or selling said items. In the event prorating any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of assessments and such sale determination shall be applied, first, to all expenses of binding upon both Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 3 contracts

Samples: Sublease (iRhythm Technologies, Inc.), Sublease (iRhythm Technologies, Inc.), Sublease (iRhythm Technologies, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are fixtures or equipment) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures or equipment installed in the Demised Premises by and at the expense of Tenant fails shall remain the property of Tenant or Tenant’s secured lessors or vendors, and Landlord agrees that Tenant or its secured lessors or vendors shall have the right at any time to remove any items required by and all of its trade fixtures or equipment which it may have stored or installed in the Demised Premises. Landlord prior expressly agrees to waive or upon subordinate any claim, which Landlord may or might have against the trade fixtures, equipment and other personal property of Tenant in favor of a secured lessor or vendor who intends to lease or sell (on an installment sale arrangement or with a purchase money security interest) any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease or any extension or renewal thereof, to remove any and all of its trade fixtures which it may have stored or installed in the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond Lease expiration or Lease termination, with Landlord’s approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) days), Tenant shall pay to Landlord as rental therefore, a sum equal to the prorata portion of the previous monthly rental thereof. In the event Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the Lease, LandlordLandlord shall, in Tenant’s behalf and at its option Tenant’s sole and without liability exclusive expense, cause such fixtures and equipment to be removed and any damage to the Demised Premises to be restored. Upon completion, the cost of said removal and restoration, together with reasonable storage charges for the period of time required to accomplish such, shall be passed on to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them Tenant’s payment to be stored or sold Landlord in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to TenantUtah law.

Appears in 2 contracts

Samples: Lease Agreement (Great Basin Scientific, Inc.), Lease Agreement (Great Basin Scientific, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floorsBuilding. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CCRs in effect as of the date of this Lease. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expensewhich approval shall not be unreasonably withheld. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s property and shall be maintained in good condition while on the Premises and shall be removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to on or upon before the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all reasonable costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Osi Systems Inc), Lease (Osi Systems Inc)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the PremisesPremises , including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R's on wholly aesthetic grounds, but such approval shall not be unreasonably withheld, conditioned or delayed. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling furniture and personal property shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s 's election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Schnitzer Steel Industries Inc), Lease Agreement (Schnitzer Steel Industries Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary Any trade fixtures, equipment signs and furniture other personal property of the Tenant not permanently affixed to the Premises shall remain the property of the Tenant and the Landlord agrees that the Tenant shall have the right, provided the Tenant be not in default under the terms of this Lease beyond all applicable notice and cure periods, at any time, and from time to time, prior to the expiration or termination of the Term of this Lease, to remove any and all of its trade fixtures, signs and other personal property which it may have stored or installed in the Premises, provided that such items are installed including but not limiting the same to counters, shelving, showcases, mirrors and are removable without other movable personal property. The Tenant at its expense shall immediately repair any damage occasioned to the structure Premises by reason of the Premisesremoval of any such trade fixtures, includingsigns, and other personal property, and upon the last day of the Term or a date of earlier termination of this Lease, shall leave the Premises in a neat and clean condition, free of debris. All permanent improvements to the Premises by the Tenant, including but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade lighting fixtures, equipmentfloor covering and partitions, furniturebut excluding trade fixtures and signs, cabling and personal shall become the property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant of Landlord upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease. Unless directed otherwise by Landlord solely with respect to Special Alterations (as hereinafter defined), Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails have no obligation to remove any items required by Landlord prior to or alterations in the Premises upon the expiration or earlier sooner termination of this Lease. For purposes of this Lease, Landlord“Special Alterations” shall mean items such as kitchens, at its option and without liability vaults, raised or reinforced flooring or other items which are unusually difficult or expensive to remove (but specifically excluding any private restrooms that Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred install in connection with storage and sale; second, Tenant’s initial occupancy of the Premises). Landlord shall advise Tenant if any alteration is a Special Alteration at the time of Landlord’s consent to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantsuch alteration.

Appears in 2 contracts

Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R’s on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of SCHNITZER-STANDARD FORM OFFICE LEASE 19 Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Avi Biopharma Inc)

Fixtures and Personal Property. Tenant11.1 Any equipment, at Tenant’s expense, may install any necessary trade fixtures, equipment signs and furniture other personal property of Tenant not permanently affixed to the Premises shall remain the property of Tenant, and Landlord agrees that Tenant shall have the right, at any time, and from time to time, to remove any and all of its equipment, trade fixtures, signs and other personal property which it may have stored or installed in the Premises, provided that such items are installed and are removable without . Tenant at its expense shall immediately repair any damage occasioned to the structure Premises or the Building by reason of the Premisesremoval of any such equipment, includingtrade fixtures, signs, and other personal property, and upon the last day of the lease term or a date of earlier termination of this Lease, shall leave the Premises in a neat and clean condition, free of debris. All improvements to the Premises by Tenant, including but not limited toto heating, damage to drywallventilating and/or air conditioning equipment, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade light fixtures, floor coverings and nonmovable, demountable ceiling height partitions (but excluding movable equipment, furnituremovable nondemountable partitions of less than ceiling height, cabling trade fixtures and personal signs) shall become the property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant of Landlord upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, ; except that Tenant may at Tenant's option remove any improvements made by Tenant pursuant to Paragraph 9 herein provided. 11.2 Tenant shall repairpay before delinquency all taxes, at Tenant’s sole expenseassessments, license fees and public charges levied, assessed or at Landlord’s electionimposed upon its business operation, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said as well as upon its trade fixtures, equipmentleasehold improvements, cabling, furniture, merchandise and other personal property or temporary improvements. All installations and fixtures shallin, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to on or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsPremises. In the event any such fixtures, equipment, and/or furniture items of Tenant property are sold by assessed with property of Landlord, then, and in such event, Landlord shall divide such assessment between Landlord and Tenant and to the proceeds end that Tenant shall pay only its equitable proportion of such sale assessment. Tenant shall be applied, first, to all expenses remit the amount of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant such divided assessment to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantwithin ten (10) business days after receipt from Landlord of a statement therefor reflecting such division.

Appears in 1 contract

Samples: Office Lease (Scripps Financial Corp)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property and furniture shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s 's election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Eastside Distilling, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R’s on wholly aesthetic grounds, which approval shall not be unreasonably withheld. Such Requests for any such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon written demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Solta Medical Inc)

Fixtures and Personal Property. Tenant, at Tenant’s sole expense, may install any necessary trade fixtures, equipment equipment, machinery and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsBuilding. Such improvements must be submitted for Landlord’s written approval prior to installation, consent not to be unreasonably withheld, or Landlord may remove or replace such items at Tenant’s sole expense. Said Excepting fixtures which are bolted to or incorporated into the Premises, which fixtures shall not be removed by Tenant unless and until Landlord instructs Tenant in writing to do so (provided, that Tenant shall be permitted to remove owned racking which is bolted to the Premises), said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the prior to expiration or earlier termination of the Lease. As a covenant which shall survive the expiration Term or earlier termination of this Lease; provided, however, that Tenant shall not have the right to remove any such personal property of Tenant or any of Tenant’s trade fixtures at any time in which Tenant is in default under any term, condition or provision of this Lease. Upon Landlord’s prior written approval, not to be unreasonably withheld, Tenant may install temporary improvements in the interior of the Premises, provided that such temporary improvements are installed and removable without structural damage to the Building. Such temporary improvements shall remain Tenant’s property and shall be removed by Tenant on expiration of the Term or earlier termination of this Lease. Tenant shall assume the risk of damage to any of Tenant’s fixtures, unless caused by Landlord’s gross negligence or willful misconduct. Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, replacement or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon on expiration of the expiration Term or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, Landlord may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantlaw.

Appears in 1 contract

Samples: Warehouse Lease (Pizza Inn Inc /Mo/)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in 20.01 Upon the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall surrender to Landlord the Premises (including, without limitation, all improvements, apparatus and fixtures, except trade fixtures and furniture installed by Tenant, then upon the Premises) in good condition and repair, at Tenant’s sole expensereasonable wear, or at Landlord’s election, reimburse Landlord for the cost to repair all tear and damage by casualty not caused by Tenant or its agents or employees excepted, and all alterations, improvements, additions, machinery and equipment which may be made or installed from time to time by either party hereto, in, upon or about the installation, use, or removal of said Premises (except trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations fixtures and fixtures shall, at Landlord’s election at any time, become furniture installed by Tenant) shall be the property of Landlord, and upon any such termination, shall be surrendered to Landlord by Tenant without any injury, damage or disturbance thereto or payment therefor. Landlord's said property shall include but not be limited to all lighting fixtures and fluorescent tubes and bulbs and all permanent partitions installed. 22.02 Trade fixtures, furniture and other personal property installed or placed in the Premises at the cost of Tenant shall be the property of Tenant unless otherwise specified in this Lease and Tenant shall remove the same prior to the termination of this Lease. Tenant shall at its own cost and expense completely repair any and all damage to the Premises resulting from or caused by such removal. If Tenant fails to remove any items required by of such property, Landlord prior to may at Landlord's option retain all or upon the expiration or earlier termination any of this Lease, such property and title thereto shall thereupon vest in Landlord, at its option or Landlord may remove from the Premises and without liability to Tenant for loss thereofdispose of in any manner all or any of such property, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and which latter event Tenant shall, upon demand of Landlorddemand, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds actual expense of such sale shall be appliedremoval and disposition, first, and the cost of repair of any and all damage to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed the Premises resulting from or caused by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantsuch removal.

Appears in 1 contract

Samples: Lease (Healthcare Recoveries Inc)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises, or which violate the CC&R's on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which that shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease (Eden Bioscience Corp)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements in excess of $50,000; such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereofTenant, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right at any time to remove any items required by and all of its trade fixtures which it may have stored or installed in the Demised Premises. Landlord prior expressly agrees to waive or upon subordinate any claim which Landlord may or might have against the trade fixtures and personal property of Tenant in favor of a Lessor who intends to Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease Agreement or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorata portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipment to be removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant.'s payment to Landlord,

Appears in 1 contract

Samples: Lease Agreement (Paradigm Medical Industries Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expenseover Fifty Thousand Dollars ($50,000.00). Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereofTenant, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Absolute Net Ground Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of or systems and/or equipment serving the PremisesBuilding. Notwithstanding the foregoing, includingTenant shall not install any vending machines or ice machines in the Premises without Landlord's prior written consent, but which consent shall not limited tobe unreasonably withheld provided such machines are for Tenant's use only. Said trade fixtures, damage to drywall, doors, door frames equipment and floorsfurniture shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of this Lease. Landlord reserves the right to approve or disapprove installation of any curtains, draperies, shades, paint or other interior improvements. Such improvements on wholly aesthetic grounds; same must be submitted for Landlord’s written approval approved in writing by Landlord prior to installation, which approval shall not be unreasonably withheld, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations aesthetic improvements and fixtures shall, at Landlord’s election at any time, become shall restore the property affected areas to a condition reasonably compatible with the remainder of the Premises as determined by Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without any liability whatsoever to Tenant for loss thereofthereof or damage thereto, may keep and use them same or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Sea Coast Foods, Inc.)

Fixtures and Personal Property. TenantThe Real Property, at Tenant’s expenseImprovements, may install Appurtenances, Rents, Fixtures, Personal Property and all other property of any necessary trade fixtureskind described herein and in which Borrower has granted Lender a security interest is collectively hereinafter referred to as the "Property." TO HAVE AND TO HOLD the foregoing Property and the rights hereby granted for the use and benefit of Lender in fee simple forever. Borrower hereby covenants and warrants with and to Lender that Borrower is indefeasibly seized of the Property and has good right, equipment full power, and furniture lawful authority to convey and encumber all of the same as aforesaid; that Borrower hereby fully warrants the title to the Property and will defend the same and the validity and priority of the lien and encumbrance of this Mortgage against the lawful claims of all persons whomsoever; and Borrower further warrants that the Property is free and clear of all liens and encumbrances of any kind, nature or description, save and except only (with respect to said Real Property, Improvements and Appurtenances) for real property taxes for years subsequent to 2001 (which are not yet due and payable) and those exceptions accepted by Lender as set forth in the Premises, provided that such items are installed and are removable without damage title insurance commitment or proforma policy issued to Lender precedent to the structure issuance of a Lender's Policy of Title Insurance insuring the first lien priority of this Mortgage (hereinafter referred to as the "Permitted Exceptions"). If Borrower shall pay to Lender the Loan evidenced by the Note, and if Borrower shall duly, promptly and fully perform, discharge, execute, effect, complete and comply with and abide by each and every one of the Premisesterms, includingcovenants, but not limited toconditions and agreements of the Note, damage to drywallthis Mortgage and all other documents and instruments executed as further evidence of or as security for the Loan secured hereby, doorsthen this Mortgage and the estates and interests hereby granted and created shall cease, door frames terminate and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installationnull and void, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on discharged of record at the Premises and removed by Tenant upon the expiration or earlier termination expense of the LeaseBorrower. As a covenant which shall survive the expiration or earlier termination of this LeaseBorrower, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal benefit of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations Lender does hereby expressly covenant and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.agree:

Appears in 1 contract

Samples: Mortgage (Agree Realty Corp)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R's on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s 's written approval prior to installationinstallation or, or Landlord may at Landlord's request, Tenant shall remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Microvision Inc)

Fixtures and Personal Property. 16.1 Tenant, at Tenant’s its sole cost and expense, may install any necessary remove its trade fixtures, office supplies and moveable office furniture and equipment not attached to the Project or Premises provided: 16.1.1 Such removal is made prior to the Expiration Date or the Termination Date; and 16.1.2 Tenant promptly repairs all damage caused by such removal. 16.2 If Tenant does not remove its trade fixtures, office supplies, and moveable furniture and equipment as herein above provided prior to the Expiration Date or the Termination Date, then, in addition to its other remedies, at law or in equity, Landlord shall have the right to have such items removed and stored at Tenant’s sole cost and expense and all damage to the Project or the Premises resulting from said removal shall be repaired at the cost of Tenant; Landlord may elect that such items automatically become the property of Landlord upon the Expiration Date or the Termination Date, and Tenant shall not have any further rights with respect thereto or reimbursement therefor subject to the provisions of applicable law. All other property in the Premises, provided that such items are installed and are removable without damage any alterations, or additions to the structure Premises (including wall-to-wall carpeting, paneling, wall covering, specially constructed or built-in cabinetry or bookcases), and any other article attached or affixed to the floor, wall, or ceiling of the PremisesPremises shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the Expiration or Termination Date regardless of who paid therefor; and Tenant hereby waives all rights to any payment or compensation therefor. If, includinghowever, but not limited toLandlord so requests, damage to drywallin writing, doorsTenant shall remove, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installationthe Expiration Date or the Termination Date, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade any and all alterations, additions, fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained placed or installed in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all any damage caused by such removal. 16.3 All the installationfurnishings, use, or removal of said trade fixtures, equipment, cablingeffects, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Leaseevery kind, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawsnature, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture description of Tenant are sold by Landlordand of all persons claiming by, through, or under Tenant which, during the proceeds continuance of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or any occupancy of the Premises by Tenant or anyone claiming under Tenant, may be on the Premises or elsewhere in the Project shall be at the sole risk and hazard of Tenant, and if the whole or any part thereof shall be destroyed or damaged by fire, water, or otherwise, andor by the leakage or bursting of water pipes, thirdsteam pipes, or other pipes, by theft, or from any other cause, no part of said loss or damage is to be charged to or be borne by Landlord unless due to the remaindergross negligence or willful misconduct of Landlord or its employees, if anyagents or contractors; provided, however, that in no event shall Landlord be paid to Tenantliable for lost profit or consequential or punitive damages.

Appears in 1 contract

Samples: Lease Agreement (Somaxon Pharmaceuticals, Inc.)

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Fixtures and Personal Property. All fixtures (not including trade fixtures) installed or attached to the Demised Premises by and/or at the expense of Tenant shall become the Property of the Landlord. Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right at any time to remove any and all of its trade fixtures which it may have stored or installed in the Demised Premises. Landlord expressly agrees to waive or subordinate any claim which Landlord may or might have against the trade fixtures and personal property of Tenant in favor of a Lessor who intends to Lease any of the same to Tenant. Tenant shall be required, at Tenant’s expensethe expiration or termination of this Lease Agreement or any extension or renewal thereof, to remove any and all of its trade fixtures which it may install any necessary trade fixtures, equipment and furniture have stored or installed in the Demised Premises, provided that such items are installed and are removable without . Tenant will repair all damage to the structure Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with Landlord's approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) days), Tenant shall pay to the Landlord as rental therefore, a sum equal to the prorata portion of the Premises, including, but previous monthly rental thereof In the event Tenant has not limited to, damage to drywall, doors, door frames and floors. Landlord reserves completed the right to approve or disapprove removal of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on its fixtures arid equipment arid restoration of the Premises and removed by Tenant upon caused thereby, within the ten (10) day period following the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Leaselease, Tenant shall repairLandlord shall, in Tenant's behalf and at Tenant’s 's sole and exclusive expense, or at Landlord’s electioncause such fixtures and equipment to be removed and the Premises to be restored. Upon completion, reimburse Landlord the cost of said removal and restoration, plus twenty percent (20%) for overhead and profit, including prorated rental for the cost period of time required to repair all damage caused by the installationaccomplish such, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability shall be passed on to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them Tenant's payment to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Laser Corp)

Fixtures and Personal Property. TenantLessee shall have the right to install office furniture and fixtures and machinery and equipment necessary or convenient to the use permitted under Section 5, all of which shall remain the property of Lessee, but if any damage results to the Premises by reason of installation or removal of such office furniture, office fixtures and machinery and equipment, Lessee shall repair the same at Tenant’s expense, its own expense prior to the expiration of the Lease Term and immediately upon quitting the Premises. Attached hereto as Exhibit “B” is a list of the fixtures and improvements that Lessee intends will be installed on the Premises but which may install any necessary trade fixtures, equipment and furniture in be removed from the Premises by Lessee at the expiration of the Lease Term. When Lessee installs additional fixtures or improvements on the Premises which Lessee may remove at the expiration of the Lease Term notwithstanding the fact that such fixtures or improvements are attached to the Premises, provided Lessee shall notify Lessor in writing at the time that such fixtures or improvements are attached to the Premises, and Lessor shall thereupon list the item or items are installed on the attached Exhibit “B.” The attached list does not include furniture, furnishings and are removable equipment owned by Lessee which may be removed at the expiration of the Lease Term without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and All personal property shall remain Tenant’s property and shall be maintained in good condition while fixtures placed or moved on the Premises shall be at risk of Lessee or the owner of said property, and removed by Tenant upon Lessor shall not be liable to Lessee for any damage to said property, or for any damage arising from the expiration bursting of or earlier termination leaking of water pipes or from any act of negligence of any co-tenant or other occupants of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expenseBuilding, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsother person whomsoever. In the event that Lessor consents as required under Section 6 to any alterations, additions, and improvements to the Premises, then all such alterations, additions, and improvements shall immediately become and remain part of the Building and the property of the Lessor; provided, however, that as a condition to granting its consent as required under Section 6, Lessor may require that, upon the vacating of the Premises by Lessee, any such fixturesalterations, equipmentadditions, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale and improvements shall be applied, first, to all expenses of Landlord incurred in connection with storage removed by Lessee and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to TenantPremises restored.

Appears in 1 contract

Samples: Lease Agreement (Alynx, Co.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right ay any time to remove any items required by Landlord prior and all of its trade fixtures and personal property of Tenant in favor of a Lessor who intends to or upon Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease Agreement or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equxxxxxx (not to exceed ten (10) days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorate portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipment to be removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant's payment to Landlord.

Appears in 1 contract

Samples: Lease Assignment (Broadview Media Inc)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R's on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the LeaseLease except as otherwise agreed by Landlord and Tenant. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or, if Tenant fails to complete such repairs prior to such expiration or termination date, then, at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall; provided that, except as otherwise expressly provided by this Lease, Tenant shall not be required to remove or restore any permanent improvements which have been approved by Landlord (except to the extent Landlord gives notice to Tenant at Landlord’s election at the time of approval that removal of any time, become such improvements will be required to be removed upon termination or expiration of the property of LandlordLease). If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Lumera Corp)

Fixtures and Personal Property. Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment (including, without limitation, Tenant's mechanical lift) irrespective of their being attached or affixed to any floor, wall or ceiling, provided: (a) such removal is made prior to the termination of the term of this Lease Agreement; (b) Tenant is not in default of any obligation or covenant under this Lease Agreement (beyond notice and cure period) at the time of such removal; and (c) Tenant promptly repairs all damage caused by such removal. All other property at the Leased Premises and any alterations or additions to the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other property remaining in the Leased Premises after termination of the Lease Agreement shall, at Landlord 's option, become the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of the Lease Agreement by lapse of time or otherwise, Tenant hereby waiving all rights to any payment or compensation therefor. Tenant will, prior to or at termination of this Lease Agreement, repair any damage caused by removal of Tenant's furniture, fixtures and other personal property except for ordinary wear and tear. Tenant shall, at Tenant’s 's expense, may install any necessary trade fixturesremove all of its telecommunications equipment, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, including but not limited to, damage switches, cabling and wiring, racks and boards, whether they are located within the Leased 9 of 51 Premises or in the Common Areas. Should Tenant fail to drywallremove this equipment, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or then Landlord may remove or replace such items it at Tenant’s sole 's expense. Said trade fixturesLandlord shall give Tenant reasonable access, equipmentat no additional charge to Tenant to ceilings, furniturefloors and common areas useful in bringing required utilities, cabling data and personal property shall remain Tenant’s property telecommunications and shall be maintained in good condition while on lines and other services to and from the Premises and removed by Tenant upon to those locations in the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any Building where such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantservices originate.

Appears in 1 contract

Samples: Lease Agreement (Soliton, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right at any time to remove any items required and all of its trade fixtures which it may have stored or installed in the Demised Premises. Tenant and Landlord agree that Tenant's trade fixtures shall include, without limitation, Tenant's equipment and machinery, any cabinetry installed by Tenant, a clean room installed by Tenant and any heating, cooling and other environmental control systems installed by Tenant. Landlord prior expressly agrees to waive or upon subordinate any claim which Landlord may or might have against the trade fixtures and personal property of Tenant in favor of a Lessor who intends to Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) business days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorata portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipment to be removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant's payment to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Iomed Inc)

Fixtures and Personal Property. TenantTOGETHER WITH a security interest in (i) all property and fixtures now or hereafter acquired and affixed to or located on the property described in paragraphs (A), at Tenant’s expense(B) and (C) hereof which, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure fullest extent permitted by law shall be deemed fixtures and a part of the Premisesreal property, (ii) all articles of personal property now or hereafter acquired and all materials delivered to the property described in paragraphs (A), (B) and (C) hereof for use in any construction being conducted thereon, and owned by Mortgagor; (iii) and all contract rights, general intangibles, actions and rights in action now or hereafter acquired pertaining to the Mortgaged Property, including, but not limited toall rights to insurance proceeds, damage to drywalland (iv) all proceeds, doorsproducts, door frames replacements, additions, substitutions, renewals and floors. Landlord reserves the right to approve or disapprove accessions of any interior improvementsof the foregoing. Such improvements must be submitted for Landlord’s written approval prior Mortgagor (Debtor) hereby grants to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade Mortgagee (Secured Party) a security interest in all fixtures, equipment, furniture, cabling rights in action and personal property shall remain Tenantdescribed herein. This Mortgage is a self-operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may reasonably request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. Mortgagor agrees to pay Mortgagee’s property charge, to the maximum amount permitted by law, for any statement by Mortgagee regarding the obligations secured by this Mortgage and shall be maintained in good condition while Security Agreement requested by Mortgagor or on behalf of Mortgagor. On demand, Mortgagor will promptly pay all costs and expenses of filing statements, continuation statements, partial releases, and termination statements deemed necessary or appropriate by Mortgagee to establish and maintain the Premises validity and removed by Tenant upon the expiration or earlier termination priority of the Lease. As a covenant which shall survive the expiration or earlier termination security interest of this Lease, Tenant shall repair, at Tenant’s sole expenseMortgagee, or at Landlord’s electionany modification thereof, reimburse Landlord for the cost to repair and all damage caused by the installation, use, or removal costs and expenses of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items searches reasonably required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, Mortgagee. Mortgagee may keep and use them or remove exercise any or all of them the remedies of a secured party available to it under the Uniform Commercial Code (South Carolina) with respect to such property, and cause them to be stored or sold it is expressly agreed in accordance with applicable Lawsthe provisions of the Uniform Commercial Code (South Carolina), 10 days’ notice by Mortgagee to Mortgagor shall be deemed to be reasonable notice under any provision of the Uniform Commercial Code (South Carolina) requiring such notice; provided, however, that Mortgagee may at its option dispose of the collateral in accordance with Mortgagee’s rights and remedies in respect to the real property pursuant to the provisions of this Mortgage and Security Agreement, in lieu of proceeding under the Uniform Commercial Code (South Carolina). Some of the items of property described herein are goods that are or are to become fixtures related to the real estate described herein, and Tenant shallit is intended that, upon demand of Landlordas to those goods, pay to Landlord as Additional Rent hereunder all costs this Mortgage and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale Security Agreement shall be appliedeffective as a financing statement filed as a fixture filing from the date of its filing for record in the real estate records of the county in which the Land is located. Information concerning the security interest created by this instrument may be obtained from the Mortgagee, firstas Secured Party, or the Mortgagor, as Debtor, at the address first shown above. Everything referred to in paragraphs (A), (B), (C), (D), (E) and (F) hereof and any additional property hereafter acquired by Mortgagor and subject to the lien of this Mortgage or intended to be so is herein referred to as the “Mortgaged Property”. TO HAVE AND TO HOLD the Mortgaged Property and all parts thereof unto Mortgagee, its successors and assigns, to all expenses of Landlord incurred in connection with storage its own proper use and sale; secondbenefit forever, subject, however, to any amounts owed by Tenant the terms and conditions herein. PROVIDED, HOWEVER, that if Mortgagor shall promptly pay or cause to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.Mortgagee the principal and interest payable under the Note, at the times and in the manner stipulated therein, herein, and in all other instruments securing the Note, all without any deduction or credit for taxes or other similar charges paid by Mortgagor, and shall keep, perform and observe all the covenants and promises in the Note, and any renewal, extension or modification thereof, and in this Mortgage and in all other instruments securing the Note, to be kept, performed or observed by Mortgagor, then this Mortgage, and all the properties, interest and rights hereby granted, conveyed and assigned shall cease and be void and the lien created by this Mortgage released from public record, but shall otherwise remain in full force and effect. Mortgagor covenants and agrees with Mortgagee as follows:

Appears in 1 contract

Samples: Mortgage and Security Agreement (Adcare Health Systems, Inc)

Fixtures and Personal Property. Tenant14.1 Tenant shall completely fixturize the premises in a manner comparable to bowling centers of similar nature in the same trade area and in accordance with plans and specifications approved by Landlord. Any trade fixtures and signs including without limitation, counters, shelving, showcases, mirrors and other movable personal property ("personal property") of Tenant not permanently affixed to the premises shall remain the property of Tenant and Landlord agrees that Tenant may, at Tenant’s its sole cost and expense, may install any necessary trade fixtures, equipment and furniture provided Tenant Is not then in default under the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination terms of this Lease, remove or replace during the term all of such personal property which it has placed or installed in or on the premises. Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, not remove any such personal property if removal would render the premises in any way unsuitable for conducting the type of business specified in Section 1(h) above, unless such personal property is immediately replaced with similar personal property of comparable or temporary improvementsbetter quality. All installations and fixtures Tenant shall, at Landlord’s election at any timeits expense, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlordif not then in default, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold if then in accordance with applicable Laws, and Tenant shalldefault, upon demand Landlord's request to do so, remove all personal property of LandlordTenant not permanently affixed to 'the premises; immediately repair any damage caused by reason of such removal and upon the last day of the lease term or earlier termination of this Lease, pay to Landlord as Additional Rent hereunder all costs leave the premises in a neat and expenses incurred by Landlord clean condition and in so storing and/or selling said itemsgood order and repair. In the event any Tenant fails to so remove such personal property, Landlord shall have the right (but not the obligation) without notice to remove and store the property at Tenant's sole cost and expense and in the event Tenant fails to pay Landlord's billing therefor within ten (10) days of demand, Landlord shall have the right to dispose of the property as Landlord deems best and to recover from Tenant all costs of removing, storing, and disposing of the property plus interest thereon at the maximum rate allowed by law. All trade fixtures, equipment, and/or furniture signs and other .personal property installed in or attached to the premises by Tenant must be new and or used in good condition and repair when installed or attached. 14.1 the following list of Tenant are sold property which is affixed can be removed by LandlordTenant and remain the property of Tenant: Bowling Pin Setters Bowling Lanes Bowling Ball Returns Bowling Score Keeping Machines Bowling Seats Bowling Settee Bar Equipment Food Freezers Food Ovens and Grills All Tables, Chairs and other F,F, & E purchased by Tenant. 14.2 Tenant hereby grants to Landlord a security interest in Tenant's merchandise, trade fixtures and personal property located on or in the proceeds premises to secure Tenant's performance of any and all of Tenant's obligations under this Lease, providing, however, such sale security interest shall be applied, first, subordinate to all expenses of Landlord incurred any purchase money security interest granted by Tenant in connection with storage the purchase of any of its merchandise, trade fixtures and sale; secondpersonal property in the premises. To perfect said security interest, Tenant agrees to execute and deliver to Landlord such financing statements required by the applicable Uniform Commercial Code as Landlord may request from time to time. Landlord agrees to be subordinate to any reasonable refinance of equipment. 14.3 All improvements to the premises by Tenant, including but not limited to mechanical and electrical systems, light fixtures, floor coverings and partitions and other ;items comprising Tenant's Work pursuant to Exhibit C but excluding movable trade fixtures and signs, shall become the property of Landlord upon installation and shall remain as a part of the premises subject, however, to any amounts owed by Tenant Landlord's right to Landlord under this Lease or otherwise, and, third, require the remainder, if any, shall be paid to Tenantremoval of same as set forth above.

Appears in 1 contract

Samples: Lease (Sports Arenas Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for LandlordXxxxxxxx’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereofTenant, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate any covenants, conditions or restrictions affecting the Property. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Data Critical Corp)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right ay any time to remove any items required by Landlord prior and all of its trade fixtures and personal property of Tenant in favor of a Lessor who intends to or upon Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease Agreement or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equxxxxxx (not to exceed ten (10) days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorate portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipmenx xx xe removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant's payment to Landlord.

Appears in 1 contract

Samples: Lease Assignment (Broadview Media Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary Any trade fixtures, equipment signs and furniture other personal property of Tenant not permanently affixed to the Leased Premises shall remain the property of Tenant, subject to Landlord's lien for unpaid rent, and Landlord agrees that Tenant shall have the right, at any time, and from time to time, to remove any and all of its trade fixtures, signs and other personal property which it may have stored or installed in the Premises, provided that such items are installed and are removable without damage to the structure of the Leased Premises, including, but not limited tolimiting the same to counters, shelving, showcases, mirrors and other moveable personal property. Nothing contained in this ARTICLE 13 shall be deemed or construed to permit Tenant to remove so much of such personal property, without the immediate replacement thereof with similar personal property of comparable or better quality, as to render the Leased Premises unsuitable for conducting the type of business specified in ARTICLE 1(c) hereof. Tenant, at its expense, shall immediately repair any damage occasioned to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove Leased Premises by reason of the removal of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipmentsigns, furnitureand other personal property, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repairleave the Leased Premises in a neat and clean condition, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal free of said debris. All trade fixtures, equipmentsigns, cabling, furniture, and other personal property installed in or temporary improvementsattached to the Leased Premises by Tenant must be new when so installed or attached. All installations Tenant shall pay before delinquency all taxes, assessments, license fees and fixtures shallpublic charges levied, at Landlord’s election at assessed or imposed upon its business operation in the Leased Premises as well as upon its trade fixtures, leasehold improvements (including, but not limited to, those Tenant is required to make in accordance with the provisions of ARTICLE 2 hereof), merchandise and other personal property in, or upon, the Leased Premises. If any time, become the such items of property are assessed with property of Landlord. If Tenant fails to remove any items required by , then such assessment shall be equitably divided between Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand to the end that Tenant shall pay only its equitable portion of Landlord, pay to such assessment. Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in shall determine the basis of so storing and/or selling said items. In the event prorating any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of assessment and such sale determination shall be appliedbinding upon both Landlord and Tenant. No taxes, firstassessments, fees or charges referred to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, paragraph shall be paid considered as taxes under the provisions of ARTICLE 7 hereof except any such taxes, assessments, fees or charges which are apportioned to Tenantthe Landlord pursuant to the second preceding sentence.

Appears in 1 contract

Samples: Management and Leasing Agreement (Gotham Golf Corp)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of or systems and/or equipment serving the Building. Notwithstanding the foregoing, Tenant shall not install any vending machines or ice machines in the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned so long as such installation is solely for on-site use by Tenant's personnel at the Premises. Said trade fixtures, including, but not limited to, damage to drywall, doors, door frames equipment and floorsfurniture shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of this Lease. Landlord reserves the right to approve or disapprove installation of any curtains, draperies, shades or other interior improvements. Such improvements visible from outside the Premises on wholly aesthetic grounds; same must be submitted for Landlord’s written approval approved in writing by Landlord prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations aesthetic improvements and fixtures shall, at Landlord’s election at any time, become shall restore the property affected areas to a condition reasonably compatible with the remainder of the Premises as determined by Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without any liability whatsoever to Tenant for loss thereofthereof or damage thereto, may keep and use them same or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease (Sedona Corp)

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