Improvements and Equipment. Lessee shall not locate nor construct campers, trailers, shelters, buildings or other overnight accommodations of any kind upon the Lease Area with the limited exception of reasonable, non-permanent, overnight hunting accommodations such as: (a) mobile, "drive-into premises, drive-out of premises," RV's or (b) tent camping. No accommodations shall remain on the Lease Area except during an immediate, ongoing, overnight stay for hunting purposes. Lessor, in its sole discretion, may require immediate removal or destruction of unauthorized improvements in accordance with its instructions at Xxxxxx’s expense. Temporary, portable tree stands or shooting houses may be located on the Lease Area, provided that no nails, spikes, spindles, or metal of any kind shall be placed in, on, or around any tree and further provided that the location or configuration of the tree stand or shooting houses does not interfere with Lessor's use of or activities upon the Lease Area. Lessor shall not be responsible for nor liable for any damage to shooting stands or houses. Tree stands must be removed from the Lease Area annually within fourteen (14) days following the end of the local deer season. Any tree stands remaining at the expiration of the fourteen days will be deemed abandoned and shall become the sole and exclusive property of Xxxxxx, at Lessor’s sole discretion. Xxxxxx understands and agrees that it shall remain liable for the cost or removal and/or disposal of said tree stands incurred by Xxxxxx. Xxxxxx agrees that any other improvements made to the Lease Area, shall remain thereon and become the property of Xxxxxx, at Xxxxxx’s sole discretion, at termination or expiration of this Lease. Xxxxxx further agrees that all items, property, machinery and/or equipment remaining on the Lease Area after the expiration or termination of the Lease shall become the sole and exclusive property of Lessor, at Lessor’s sole discretion. Xxxxxx understands and agrees that it shall remain liable for the cost of removal and/or disposal of said items that may be incurred by Xxxxxx. This Paragraph 10 shall survive termination or expiration of this Lease.
Improvements and Equipment. Except as set forth in Section 5.09 of -------------------------- the SELLER Disclosure Letter, the Improvements and the Equipment owned or leased (where any Company is responsible for maintenance or repair pursuant to the applicable lease) by the Companies have been maintained in a state of repair in accordance with general prudent industry practices except where the failure to do so would not have a Material Adverse Effect. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN ANY TRANSACTION DOCUMENT, SELLER EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE, RELATING TO THE ASSETS OF THE COMPANIES, INCLUDING REPRESENTATIONS AND WARRANTIES REGARDING (A) THE CONDITION OF SUCH ASSETS, OR (B) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS.
Improvements and Equipment. 10 5.10 Contracts and Commitments........................................... 10 5.11 Real/Personal Property.............................................. 11 5.12 Permits and Other Operating Rights.................................. 14 5.13
Improvements and Equipment. All Improvements and Equipment, including all xxxxx, pipelines, tank batteries, and other facilities and equipment, placed in, on, or under the Property shall be owned and controlled by Jefferson Island, and its successors in interest, and the State shall have no interest (ownership, controlling or otherwise) therein whatsoever.
Improvements and Equipment. Phantoms shall construct the Project on the Leased Premises and purchase all materials and equipment necessary to operate the Project. All materials and equipment purchased shall be owned jointly by the parties on an equal basis. To the extent practicable, Phantoms shall notify the designated Southshore person in advance of the major items of material and equipment that will be purchased and of their cost. The designated Southshore person will notify Phantoms if he is aware of any locations where better pricing may be obtained. Upon the termination of this Lease, Phantoms shall purchase Southshore's one-half interest in the Project materials and equipment and any other improvements at a mutually agreeable price. If Southshore and Phantoms cannot agree the value of such materials, equipment or other improvements, such material, equipment and other improvements shall be sold and the proceeds of the sale shall be divided equally between the parties.
Improvements and Equipment. Tenant covenants and agrees that, except as provided on Exhibit C attached hereto, all fixtures and improvements on the Demised Premises and all equipment and personal property relating to the use and operation of the Demised Premises (as distinguished from operations incident to the business of Tenant), including all plumbing, heating, lighting, electrical and air conditioning fixtures and equipment, whether or not attached to or affixed to the Demised Premises, and whether now or hereafter located upon the Demised Premises, shall be and remain the property of the Landlord upon expiration of the Lease Term.
