Common use of Landlords and Tenants Property Clause in Contracts

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removal. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant. At or before the Expiration Date, or the date of any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault.

Appears in 2 contracts

Samples: Short Form Industrial Building Lease, Industrial Building Lease (Birks Group Inc.)

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Landlords and Tenants Property. 12.01. All fixtures, machinery, equipment, improvements improvements, ventilation and air-conditioning equipment and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this Lease (including raised flooring), whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), without representation or warranty by Tenant) and shall not be removed by Tenant, except as provided in Section 12.02; except that Tenant may elect, at Tenant’s option to remove any such fixtures, equipment, improvements, ventilation and air-conditioning equipment and appurtenances attached to or built into the Premises and installed by Tenant at Tenant’s expense after the Expiration Date unless Landlord requests their date of this Lease, provided that same can be removed without permanent damage to the Premises and provided, further, that Tenant shall, in the event of any such removal, repair the portion of the Premises affected by such removal and restore same to the condition which existed prior to the installation of the removed item(s), reasonable wear and tear excepted. 12.02. All furniture systems, movable non-structural partitions, special cabinet work, business and trade fixtures, machinery and equipment, communications equipment (including, without limitation, telephone system, security system and wiring) and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, on behalf of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, all of the foregoing referred to in this sentence being herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. 12.03. At or before the Expiration Date, Date of this Lease (or the date of within thirty (30) days after any earlier termination of this Lease, ) Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. If any Any items of Tenant’s Property which shall remain at in the Premises following after the expiration or termination Expiration Date of this Lease, or within thirty (30) days following an earlier termination date, may at the option of Landlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine, at Tenant’s Propertyexpense. Notwithstanding the foregoing, Tenant shall not be required to remove, or pay Landlord and Tenant acknowledge and agree that upon termination for the cost of removing, any wiring, conduit or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultcabling.

Appears in 2 contracts

Samples: Operating Agreement (New York Times Co), Operating Agreement (New York Times Co)

Landlords and Tenants Property. REMOVAL AT END OF TERM 12.1 All fixtures, machinery, equipment, improvements and appurtenances appurtenances, including utility lines and equipment, attached to, to or built into, into the Premises (collectively, “Fixtures”) at before or after the commencement of any Early Access, or during the TermCommencement Date, whether or not placed there by or at the expense of Landlord or Tenant, shall become be and remain a part of the Premises; , and upon the expiration or earlier termination of the Term shall be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant except as provided in Section 12.2 of this Lease. All fixtures, equipment, improvements and appurtenances, including utility lines and equipment, attached to or built into the Premises or other Tenant Areas before or after the Commencement Date at the Expiration Date unless Landlord requests their removal. All expense of Tenant, including Special NBC/Designee Property, shall be deemed owned by Tenant until the expiration or earlier termination of the Term. 12.2 Notwithstanding anything to the contrary contained in this Lease, all movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are and studio equipment, whether or not attached to or built into the Premises, which are, or were, installed in the Premises byby Tenant (or Tenant’s predecessor in interest as tenant under this Lease, the Original Lease or for the account of, Tenant Existing Lease) and without expense to Landlord and that which can be removed without structural damage to the Propertyany Building, and all furniture, furnishings and other articles of movable personal property owned by Tenant Tenant, or any predecessor in interest thereto, and located in the Premises and any Special NBC/Designee Property (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant throughout the Term and may be removed by Tenant at any time during the Term, provided that if any Tenant’s Property is installed or removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to any Buildings resulting from the installation and/or removal thereof, other than repainting and purely decorative repairs. At or before the Expiration Date, or the date of any within thirty (30) days after an earlier termination date of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or and the Property Buildings resulting from any installation and/or removal thereofof such Tenant’s Property, such repair to be that which is customary and reasonable assuming that Landlord intends to demolish the interior installation in the Premises after the Expiration Date; provided, however, that Landlord shall have the right to require Tenant to so repair and restore any damage to the Buildings caused by the installation or removal of such Tenant’s Property to the same condition existing on the Commencement Date (subject to ordinary wear and tear) and not merely to the condition that is customary and reasonable assuming that Landlord intends to demolish the interior installation in the Premises after the Expiration Date or such earlier termination date) if (x) Landlord then intends, in good faith, to use or make available for use to third parties such interior installation after the Expiration Date or such earlier termination date, and (y) Landlord gives notice thereof to Tenant on or prior to the ninetieth (90th) day before the Expiration Date or within ten (10) days of such earlier termination date. If any Any items of Tenant’s Property which remain in the Premises after the Expiration Date, or after thirty (30) days following an earlier termination, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord without accountability in such manner as Landlord shall determine, at Tenant’s expense. Notwithstanding anything to the contrary contained in this Article 12, Tenant shall have the right to remove the portions of the pipes and adjacent cement block wall located in the closet on the 6th floor of the Studio Building as more particularly described on Exhibit K (the “Muppet Closet”) provided that such removal does not adversely effect the Building Systems or the structural integrity of the Buildings (except during the removal and replacement of the Muppet Closet); provided further that Tenant repairs and restores any damage to the Buildings caused by such removal of the Muppet Closet to the same condition (absent the artwork being removed) existing on the Commencement Date. Tenant shall obtain the permission of the Condominium Board prior to the removal of the Muppet Closet and such removal must otherwise comply with all applicable Legal Requirements. 12.3 On the Expiration Date or earlier termination date of this Lease, Tenant shall leave the Premises following in broom cleaned condition (meaning free of rubbish and trash) but will not be required to restore the Premises, except with respect to any Change or Qualified Change performed on or after the date hereof for television production, studio, broadcast communication and media transmission, cafeteria, gym and any slab penetrations involving more than 750 square feet or other use that would not readily be usable as office space by a third party, which Landlord agreed at the time of installation for removal at Lease expiration (collectively, “Specialty Alterations”), provided, however that no renovation, upgrade, update, replacement or repair of any portion of the Premises currently used for television production, studio, broadcast communication, media transmission, cafeteria or gym shall be designated a Specialty Alteration if such Change does not alter the use of such portion of the Premises, or does not make it more expensive for Landlord to restore or demolish, provided that if any such renovation, upgrade, update, replacement or repair shall make it more expensive for Landlord to restore such portion of the Premises than it would have been had such activity not taken place then, if Tenant agrees to pay said incremental costs and expense of the Landlord, then such renovation, upgrade, update, replacement or repair shall not constitute a Specialty Alteration. Unless Landlord notifies Tenant at the time of Landlord’s approval of plans and specifications that any Specialty Alteration does not have to be removed, then Tenant shall, at its expense, remove such Specialty Alterations not later than such scheduled Expiration Date or within thirty (30) days after the date of any earlier termination of this Lease and shall repair any damage to the Premises or the Buildings arising from such removal to the condition that is customary and reasonable assuming that Landlord intends to demolish the interior installation in the Premises after the Expiration Date or such earlier termination date of this Lease; provided, however, that Landlord shall have the right to require Tenant to so repair and restore any damage to the Buildings caused by the installation or removal of such Specialty Alterations to the condition in which they were delivered to Tenant on the Commencement Date (subject to ordinary wear and tear) and not merely to the condition that is customary and reasonable assuming that Landlord intends to demolish the interior installation in the Premises after the Expiration Date or such earlier termination date of this Lease) if (x) Landlord then intends, in good faith, to use or make available to third parties such interior installation after the Expiration Date, and (y) Landlord gives notice thereof to Tenant on or prior to the ninetieth (90th) day before the Expiration Date or within ten (10) days after such earlier termination date of this Lease. If Tenant fails to comply with its obligations under Section 12.2 of this Lease or this Section 12.3, then Landlord may perform such obligations on behalf of Tenant, provided the reasonable cost and expense of any such removal and the cost of repairing any damage to the Premises or the Buildings arising from such removal, shall be paid by Tenant to Landlord, as Additional Rent, within twenty (20) days after demand (and such obligation shall survive the expiration or earlier termination of this Lease). All Changes other than Specialty Alterations may remain in the Premises upon the expiration or earlier termination of this Lease. The provisions of this Section 12.3 shall survive the scheduled Expiration Date or earlier termination of this Lease. 12.4 At Landlord’s election, prior to or upon expiration of this Lease, Tenant shall reasonably cooperate with Landlord to provide for an orderly transition of the ownership, use and operation of the NBC Systems and Special NBC/Designee Property to Landlord, including, without limitation, consulting with Landlord and its representatives with respect to the NBC Systems and Special NBC/Designee Property, and delivering to Landlord all contracts, service manuals, permits, licenses, inspection certificates, warranties, related equipment and other similar items related thereto in Tenant’s possession; provided that (i) the foregoing shall not be intended to require Tenant to cease, reduce or in any manner curtail Tenant’s operations or systems prior to the Expiration Date and (ii) any period after the Expiration Date during which Tenant is reasonably cooperating with Landlord in connection with such items transition shall automatically not be deemed abandoned holdover and Landlord may take Tenant shall have no obligation to pay any action whatsoever as Landlord may desire Rent after the Expiration Date with respect to such remaining items transition cooperation occurring after such date even if Tenant or its employees or equipment are still in the Premises due to such transition. Any of Tenant’s Propertyout of pocket costs and expenses required in connection with such transition shall be paid by Landlord. Notwithstanding Tenant shall have the foregoingoption to transfer the NBC Systems and all other Special Condominium Facilities in connection with a permitted Transfer in accordance with Article 7 and otherwise in accordance with the Condominium Documents, and subject to the provisions of this Article 12. If Landlord and Tenant acknowledge and agree that upon termination elects to not so have all or expiration any portion of the Term of NBC Systems and Special NBC/Designee Property transferred to Landlord, with respect to the Leaseportion not so transferred, Tenant will shall be responsible for disassembling and removing any removal and/or restoration obligations under the vault from the Premises and restoring the affected area Condominium Documents with respect to such non-transferred portions of the Premises thereof to its condition prior to the installation of the vaultSpecial Condominium Facilities.

Appears in 2 contracts

Samples: NBC Lease Agreement (NBCUniversal Media, LLC), NBC Lease Agreement (NBCUniversal Media, LLC)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at prior to the commencement of any Early Accessof, or during the TermTerm which relate to the operation of the Building (but expressly excluding Tenant’s Property), whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11). All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant, unless they are being replaced or substituted by Tenant with property of equal or better quality. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or for the account ofother similar building operating equipment and decorations, Tenant and without expense to Landlord and that can be removed without structural damage except to the Property, and all furniture, furnishings and other articles extent they are replaced or substituted pursuant to Alterations performed in accordance with the terms of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantthis Lease. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s personal property, trade fixtures, machinery and equipment (including without limitation, clean rooms), whether or not bolted to the floor of the Premises (“Tenant’s Property”), and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any such installation and/or removal thereofremoval. If any Any other items of Tenant’s Property personal property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Propertyexpense, together with an additional twenty one (21%) percent of such costs for Landlord’s overhead and profit. Notwithstanding the foregoing, Landlord and if Tenant acknowledge and agree that upon termination or expiration is in default under the terms of the Term of the this Lease, Tenant will be responsible for disassembling and removing the vault may remove Tenant’s personal property from the Premises and restoring only upon the affected area express written direction of the Premises thereof to its condition prior Landlord. (b) Landlord hereby agrees that it shall subordinate any lien it may have against Tenant’s Property to the installation holder of the vaultany security interest in such Tenant’s Property and will execute and deliver from time to time a Landlord Agreement as may reasonably be required by Tenant’s lenders in connection with Tenant’s Property, which Landlord Agreement shall be in a form reasonably acceptable to Landlord.

Appears in 2 contracts

Samples: Lease Agreement, Industrial Building Lease (Dendreon Corp)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 10.3). All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant. Notwithstanding the foregoing, the Tenant Improvements shall not constitute Landlord’s Property. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or for the account of, Tenant other similar building operating equipment and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 10.3, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both of such installation and/or removal thereofand removal. If any Any other items of Tenant’s Property personal property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Propertyexpense. Notwithstanding the foregoing, Landlord if Tenant is in default beyond any applicable cure period provided herein and Tenant acknowledge and agree that upon termination or expiration under the terms of the Term of the this Lease, Tenant will be responsible for disassembling and removing the vault may remove Tenant’s personal property from the Premises and restoring only upon the affected area express written direction of the Premises thereof Landlord. The foregoing sentence shall not apply to its condition prior to the installation of the vaultTenant’s inventory.

Appears in 2 contracts

Samples: Industrial Building Lease (United Natural Foods Inc), Industrial Building Lease (United Natural Foods Inc)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11). All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed and paid for the account ofby Tenant, Tenant shall also constitute Landlord’s Property and without expense to Landlord and that can shall not be removed without structural damage by Tenant. For purposes of this Lease, any references to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall mean any personal property for which Tenant has itself paid or manufactured, together with any machinery and equipment for which Tenant has paid and that is not attached to, or built into, the Premises. In no event shall Tenant remove any of the following materials or equipment from the Premises without Landlord’s prior written consent (which consent may be and shall remain the property of Tenantgiven or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, Property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both of such installation and/or removal thereofand removal. If any Any other items of Tenant’s Property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s PropertyProperty may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense. Notwithstanding the foregoing, Landlord and if Tenant acknowledge and agree that upon termination or expiration is in default under the terms of the Term of the this Lease, Tenant will be responsible for disassembling and removing the vault may remove Tenant’s Property from the Premises and restoring only upon the affected area express written direction of the Premises thereof to its condition prior to the installation of the vaultLandlord.

Appears in 2 contracts

Samples: Industrial Building Lease (ArcherDX, Inc.), Industrial Building Lease (ArcherDX, Inc.)

Landlords and Tenants Property. All 13.1. Except as provided in Section 13.2, all fixtures, machinery, equipment, improvements and appurtenances appurtenances, including utility lines and equipment, attached to, to or built into, into the Premises (collectively, “Fixtures”) at before or after the commencement of any Early Access, or during the TermCommencement Date, whether or not placed there by or at the expense of Landlord or Tenant, shall become be and remain a part of the Premises; , shall be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removalTenant. 13.2. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that (excluding cabling), whether or not attached to or built into the Premises, which are installed in the Premises by, or for by Tenant at any time during the account of, Tenant and Term without expense to Landlord and that which can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings furnishings, and all other articles of movable personal property owned by Tenant and located and used in the Premises at any time during the Term (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided that if any Tenant's Property is installed or removed, Tenant shall repair or pay the cost of repairing any damage to the Premises (except for minor incidental dents and scratches) or to the Building resulting from the installation and/or removal thereof. 13.3. At or before the Expiration Date, or the date of any within 20 days after an earlier termination of this Leasedate, Tenant, at its expense, shall remove from the Premises all of Tenant’s 's Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or (except for minor incidental dents and scratches) and the Property Building resulting from any installation and/or removal thereofof Tenant's Property. If any Any other items of Tenant’s 's Property which remain in the Premises after the Expiration Date, or after 20 days following an earlier termination, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord without accountability in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Lease Agreement (Princeton Video Image Inc)

Landlords and Tenants Property. (a) Tenant shall have the exclusive right, during the Term, to use all equipment, machinery, inventory, appliances and other tangible personal property located in the Premises as of the Commencement Date and used in connection with the operation of the Premises. All fixtures, machinery, equipment, improvements improvements, ventilation and air-conditioning equipment and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant (excluding the Building Systems (which are and shall remain the property of Landlord but which are subject to modification, change and/or replacement by Tenant in accordance with the terms of this lease) and Tenant’s Property (which is and shall remain the property of Tenant)), shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without representation or warranty by Tenant) and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removal. All movable non-structural partitionsTenant, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed except as provided in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage Section 12.02. (b) Notwithstanding anything to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located contrary contained in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant. At or before the Expiration Date, or the date of any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoinglease, Landlord and Tenant agree and acknowledge that, until the expiration or sooner termination of this lease, Tenant, for federal, state and agree that upon termination local income taxes purposes and for all other purposes shall be deemed the owner of all fixtures, equipment, improvements, ventilation and air conditioning equipment and appurtenances attached to or expiration built into the Premises by Tenant or any Affiliate of Tenant as the owner of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition Real Property prior to the installation Commencement Date (other than the Building Systems) and Tenant may obtain the benefit of such ownership, if any, allowed or allowable with respect thereto hereunder, under applicable law and/or the vaultInternal Revenue Code.

Appears in 1 contract

Samples: Lease (Citigroup Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Demised Premises on the Commencement Date, unless installed and paid for by Tenant, shall be and shall remain Landlord’s property and shall not be removed by Tenant. Notwithstanding the foregoing, any switch equipment owned or leased by Tenant for use at the Expiration Date unless Landlord requests their removalDemised Premises shall remain Tenant’s Property. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, or the Building by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of the Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the exterior Common Areas, resulting from the installation and/or removal thereof. At Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant’s Property and shall be deemed the property of Landlord. 16.03. In the event at or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within thirty (30) days after the Expiration Date or an earlier termination date, at its expense, shall remove Tenant removes from the Demised Premises all of the Tenant’s Property, any Alterations Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of the Landlord as requiring removal and if not removed), Tenant shall repair any damage to the Premises or Demised Premises, the Property Building and the Common Areas resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration Any items of the Term Tenant’s Property which shall remain in the Demised Premises after the Expiration Date or after a period of thirty (30) days following the Expiration Date or an earlier termination date, may, at the option of the LeaseLandlord, Tenant will be responsible for disassembling deemed to have been abandoned, and removing the vault from the Premises and restoring the affected area in such case much items may be retained by Landlord as its property or disposed of the Premises thereof to its condition prior to the installation of the vaultby Landlord, without accountability, in such manner as Landlord shall determine at Tenant’s expense.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

Landlords and Tenants Property. All fixturesSection 15.01 Ground Lessor’s Property. (a) Except as provided in Section 15.02, machineryTenant acknowledges that the Premises, all of the materials and equipment incorporated therein, and all Leasehold Improvements are the property of Ground Lessor, and Tenant agrees that all materials and equipment to be incorporated into the Premises at any time during the Term shall, upon purchase of same and at all times thereafter, constitute the property of Ground Lessor, and that legal title to the Premises, all Leasehold Improvements and all such materials and equipment shall continue in Ground Lessor; provided, that Landlord and Ground Lessor (i) shall not be liable in any manner for payment or otherwise to any contractor, subcontractor, laborer or supplier in connection with the purchase or furnishing of any such Leasehold Improvements, materials or equipment or the installation thereof, and (ii) shall have no obligation to pay any compensation to Tenant by reason of Ground Lessor’s acquisition of title to such Leasehold Improvements, materials and equipment. (b) Tenant covenants and agrees that all agreements with respect to Alterations in the Premises shall include the following provision: “[contractor] [subcontractor] [materialman] hereby agrees that immediately upon the purchase by [contractor] [subcontractor] [materialman] of any building materials to be incorporated in the Premises, or of any building materials to be incorporated in improvements made thereto, such materials shall become the sole property of [insert name of Ground Lessor], a public benefit corporation, notwithstanding that such materials have not been incorporated in, or made a part of, the Premises at the time of such purchase; and [contractor] [subcontractor] [materialman] shall look solely to [Tenant] [contractor] [subcontractor] for payment in connection with the purchase of any such materials, it being expressly understood that [insert names of Ground Lessor and Landlord] shall not be liable in any manner for payment or otherwise to [contractor] [subcontractor] [materialman] in connection with the purchase of any such materials, and [insert names of Ground Lessor and Landlord] shall have no obligation to pay any compensation to [contractor] [subcontractor] [materialman] by reason of such materials becoming the sole property of [insert name of Ground Lessor]; provided, that nothing contained herein shall prejudice any rights which [contractor] [subcontractor] [materialman] may have under the Lien Law of the State of New York.” (c) Notwithstanding the ownership by Ground Lessor of the Premises and all materials and equipment incorporated therein, to the extent required under the Ground Lease, Tenant shall pay or cause to be paid to the Governmental Authority having jurisdiction over sales and compensating use taxes, amounts equal to the amounts of all sales and compensating use taxes which would be payable but for such ownership, on the materials and equipment purchased for incorporation into or work performed on the Premises in connection with the maintenance of and repairs, restorations, additions, alterations, improvements and appurtenances attached to, or built into, replacements (including capital improvements) to the Premises (collectively, “Fixtures”) Premises. Such amounts shall be payable at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become times such sales and remain a part of the Premises; shall use taxes would be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removal. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or payable but for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant. At or before the Expiration Date, or the date of any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultownership.

Appears in 1 contract

Samples: Lease (KCG Holdings, Inc.)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements (a) Tenant acknowledges that the Buildings and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part all of the Premises; shall be deemed materials and Equipment incorporated therein are the property of Landlord (the “Landlord’s Property”), and Tenant agrees that, except for Tenant's Property, all materials and Equipment incorporated into any Building at any time during the Term shall immediately become and constitute the property of Landlord, and that title to all of the Buildings and such materials and Equipment shall continue in Landlord. (b) Tenant covenants and agrees that all Construction Agreements between Tenant and any contractor shall include the following provision VERBATIM: "[contractor] [subcontractor] [materialman] shall look solely to [Tenant] [contractor] [subcontractor] for payment for any and all materials sold, delivered or installed and for all services performed and labor provided, it being expressly understood and agreed that Landlord shall not be removed by Tenant at liable in any manner for payment or otherwise to [contractor] [subcontractor][materialman] for or in connection with any such materials, services or labor, and Landlord shall have no obligation to pay any compensation to [contractor][subcontractor] [materialman] for or on account of such services, labor or materials becoming incorporated in the Expiration Date unless Landlord requests their removalPremises of [insert name of the Landlord]; and [contractor] [subcontractor] [materialman] shall not under any circumstance have or assert any lien or claim for lien against the Premises or Landlord's right, title, interest or estate therein or thereto." SECTION 11.2. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that and other fixtures and personal property, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned installed by or on account of Tenant and located in the Premises (collectivelyherein collectively called "TENANT'S PROPERTY"), the “Tenant’s Property”) shall be and shall remain the property of Tenant. At Tenant and may be removed by Tenant at any time during the term of this Lease or before within 30 days after the Expiration Date; provided, or the date of however, that if any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property's Property is removed at any time (whether before or after the Expiration Date), any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Property Building resulting from any the installation and/or and removal thereof. If any items ; and provided further, that it shall be a condition of Tenant’s 's allowing any of Tenant's Property to remain at on the Premises following after the expiration or termination of this Lease, Expiration Date that it be in such items shall automatically be deemed abandoned condition and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, location that Landlord and Tenant acknowledge its designees shall at all times after the Expiration Date have full and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area free access to all parts of the Premises thereof (including, without limitation, all interior portions of all Buildings) to its condition prior do any repairs, replacements, construction, maintenance, improvements or other work that Landlord may wish to do, and Landlord is hereby irrevocably granted full and complete authority to move any and all of Tenant's Property, at Tenant's cost and expense, to the installation extent reasonably necessary or useful to permit or facilitate Landlord's doing any of such work, and Landlord shall have no liability or responsibility of any kind for or on account of any damage to or destruction of Tenant's Property which results from the vaultforegoing (except for any such damage caused by Landlord's malicious or willful damage thereto).

Appears in 1 contract

Samples: Lease Agreement (Coach Inc)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built intointo the Premises, whether or not at the Premises expense of Tenant (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Premises and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removalTenant. All Fixtures shall be the property of Tenant during the Term and, upon expiration or earlier termination of this Lease, shall become the property of Landlord. (b) All movable non-structural partitions, lighting fixtures, special cabinet work, business and trade fixtures, communications equipment, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned or leased by Tenant Tenant, which can be moved without material damage to the Premises and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant’s Property is removed, Tenant shall repair any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Notwithstanding the foregoing, any equipment or other property identified in this Lease or in any leasehold improvement agreement as having been paid for with any allowance or credit granted by Landlord to Tenant shall not be considered Tenant’s Property and shall be and remain a part of the Premises, shall, upon the expiration or earlier termination of this Lease, be the property of Landlord and shall not be removed by Tenant. (c) At or before the Expiration Date, or the date of within 30 days after any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove Tenant’s Property from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord shall have expressly permitted to remain, which shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. If any Any items of Tenant’s Property which remain at in the Premises following after the expiration Expiration Date, or more than 30 days after an earlier termination of this Lease, such items shall automatically may, at the option of Landlord, be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant’s expense. (d) Landlord, by notice given to Tenant at any time at least 90 days prior to the Expiration Date or not later than 30 days after any earlier termination of this Lease, may desire require Tenant, notwithstanding Section 4.03(a), to remove all or any Fixtures, exclusive of any Fixtures which constitute Landlord Cost Work, that do not constitute a standard office installation, such as, by way of example only, kitchens, vaults, safes, raised flooring and stairwells (“Specialty Alteration”). If Landlord shall give such notice, then Tenant, at Tenant’s expense, prior to the Expiration Date, or, in the case of an earlier termination of this Lease, within 45 days after the giving of such notice by Landlord, shall remove the same from the Premises, and repair any damage to the Premises or to the Building due to such removal. Landlord shall have 10 days after Tenant shall have removed such Specialty Alterations in which to object to any respects in which such removal is not complete or such repair is not satisfactory, after which Tenant shall be deemed to have satisfied in full its obligations hereunder with respect to such remaining items removal of Tenant’s PropertyFixtures and restoration of the Premises. Notwithstanding the foregoing, (i) Tenant shall not be obligated to remove or restore any Specialty Alteration that is installed as part of Landlord’s Work, unless the requirement for removal or restoration is shown in the Plans and (ii) Tenant may, together with the submission to Landlord and Tenant acknowledge and agree that upon termination or expiration for approval of the Term plans and specifications for an Alteration, submit a notice to Landlord inquiring whether Tenant shall be required to remove any Specialty Alteration in question under this Section 4.03(d). If Tenant gives such notice, Landlord shall advise Tenant together with Landlord’s approval of the plans and specifications in question whether or not Tenant shall be required to remove such Specialty Alteration. If Landlord shall fail to respond to such inquiry by Tenant within 10 Business Days after Tenant’s delivery of such notice, Landlord shall be deemed to have advised Tenant that Tenant shall not be required to remove such Specialty Alteration upon the expiration or earlier termination of this Lease, Tenant will . (e) Any dispute under this Section 4.03 shall be responsible for disassembling and removing resolved by arbitration in accordance with the vault from the Premises and restoring the affected area provisions of the Premises thereof to its condition prior to the installation of the vaultSection 8.09 below.

Appears in 1 contract

Samples: Lease (Bowne & Co Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the Common Areas resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Demised Premises, the Building and the Common Areas resulting from any installation and/or removal of the Tenant's Property. Any items of the Tenant's Property which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant's expense. 16.04. At or before the Expiration Date or the Property date of any earlier termination of this Lease, or within fifteen (15) days after such an earlier termination date, Tenant shall, at Tenant's sole cost and expense, remove from the Demised Premises such rack system as may be installed in the Demised Premises and Tenant shall repair any damage to the Demised Premises, the Building and the Common Areas resulting from any installation and/or removal thereof. If any items of Such removal shall be in accordance with the following procedures, unless Landlord shall advise Tenant to the contrary by written notice to Tenant’s Property remain at : Core a hole centered over the Premises following anchor bolt with a core bit 1.5 times larger than the expiration or termination of this Leasebolt to be removed, such items but in no event smaller than 1" in diameter. Core hole shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire drilled to a depth equal to the bolt depth, but not less than 2" deep. Remove the cored concrete with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault anchor bolt from the Premises hole. Clean all concrete slurry and restoring debris from area to be patched. Fill the affected area of the Premises thereof cored hole with a polymer-modified non-shrink mortar, specifically SikaTop 122 or Master Builders Ceilcote 648 CP, or equivalent, and finish to its condition prior to the installation of the vaultmatch surrounding concrete surface.

Appears in 1 contract

Samples: Lease Agreement (Childrens Place Retail Stores Inc)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built intointo the Premises, whether or not at the Premises expense of Tenant (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Premises and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removalTenant. All Fixtures shall be the property of Tenant during the Term and, upon expiration or earlier termination of this Lease, shall become the property of Landlord. (b) All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant’s Property is removed, Tenant shall repair any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Notwithstanding the foregoing, any equipment or other property identified in this Lease as having been paid for with any allowance or credit granted by Landlord to Tenant shall not be considered Tenant’s Property and shall be and remain a part of the Premises, shall, upon the expiration or earlier termination of this Lease, be the property of Landlord and shall not be removed by Tenant. (c) At or before the Expiration Date, or the date of within 15 days after any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove Tenant’s Property from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord shall have expressly permitted to remain, which shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. If any Any items of Tenant’s Property that remain at in the Premises following after the expiration Expiration Date, or more than 15 days after an earlier termination of this Lease, such items shall automatically may, at the option of Landlord, be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine, at Tenant’s Property. Notwithstanding expense. (d) Landlord, by notice given to Tenant at any time prior to the foregoingExpiration Date or not later than 30 days after any earlier termination of this Lease, may require Tenant, notwithstanding Section 4.03(a), to remove all or any Fixtures that do not constitute a standard office installation, such as, by way of example only, kitchens, vaults, safes, raised flooring and stairwells (collectively, “Specialty Alterations”); provided, that Tenant shall have the right, at any time between the date that is 90 days prior to the Expiration Date and the date that is 60 days prior to the Expiration Date, to deliver notice to Landlord requesting that Landlord identify which Specialty Alterations Landlord will require Tenant to remove prior to the Expiration Date and, within 30 days of receipt of such notice, Landlord and shall send notice to Tenant acknowledge and agree that upon termination or expiration setting forth each of the Term of the Lease, Specialty Alterations which Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof obligated to its condition remove prior to the Expiration Date. If Landlord shall give such notice, then Tenant, at Tenant’s expense, prior to the Expiration Date, or, in the case of an earlier termination of this Lease, within 15 days after the giving of such notice by Landlord, shall remove the same from the Premises, shall repair and restore the Premises to the condition existing prior to installation of thereof and shall repair any damage to the vaultPremises or to the Building due to such removal.

Appears in 1 contract

Samples: Lease (Justworks, Inc.)

Landlords and Tenants Property. All fixtures, machinery, equipment, shell and core improvements and appurtenances attached to, or built into, the Premises as of the Commencement Date (collectivelyincluding standard Building fixtures, “Fixtures”equipment, and machinery that are not part of Initial Tenant Improvements or Tenant’s particular use, plans and specifications set forth under the Development Agreement) at (subject to the commencement provisions of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, this Section 12 contained below) shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless except for Alterations that Tenant makes during the Term that Landlord requests requires their removalremoval (including, but not limited to, Alterations) pursuant to Section 11. All movable non-structural partitionsAny personal property, business and trade fixtures, machinery machinery, or equipment installed by Tenant at Tenant’s expense, including any such trade fixtures, improvements or appurtenances installed and paid for by Tenant pursuant to Exhibit B-2 hereto or the Development Agreement, shall constitute Tenant’s property and shall be removed by Tenant (at Tenant’s cost) from the Premises at the Expiration Date (the “Tenant Property”). In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion) other than Tenant Property: any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, communications fencing or security gates, or other similar building operating equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, Tenant Property and any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault.that

Appears in 1 contract

Samples: Industrial Building Lease (Seagen Inc.)

Landlords and Tenants Property. 13.01. All fixtures, machinery, equipment, improvements and appurtenances appurtenances, including, without limitation, utility lines and equipment, attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; , shall be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 13.02. Further, any carpeting or other personal property in the Expiration Date Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 13.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, herein collectively called the "Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered the Tenant's Property, and shall be deemed the property of Landlord. 13.03. At or before the Expiration Dateexpiration date of this Lease, or within 15 days after the date of any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of the Tenant’s Property's Property (which shall also include any and all wiring and cable in the Premises or Building installed by or for Tenant), any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof the Tenant's Property. If any Any other items of the Tenant’s 's Property which shall remain at in the Premises following after the expiration or termination date of this Lease, or after a period of 15 days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Lease (Hirsch International Corp)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or which are not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; ’s Property pursuant to Article 16.02 below shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removalTenant, except as provided in Section 16.02. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in equipment, whether or not attached to or built into the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyDemised Premises, and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant (or owned by customers, licensees, subtenants or vendors of ,or claiming by or through, Tenant) and located in the Demised Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant. At ’s Property is removed, Tenant shall repair or before pay the Expiration Datecost of repairing any damage to the Demised Premises resulting from the installation and/or removal thereof and, or the date notwithstanding Tenant’s removal of any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations Tenant agrees that the Demised Premises will be surrendered to Landlord upon expiration or earlier termination of the Lease (except i) structurally sound, (ii) with the mechanical systems then in place in the Demised Premises in good working order, normal wear and tear excepted, and (iii) in a condition such items thereof that the overall value and leaseability of the Building as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and a data center/facility is equal to or greater than that which existed on the Commencement Date of this Lease. 16.03. Tenant shall repair not be required to remove any damage to the Premises or the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain installed in connection with the initial “Tenant’s Work” performed in and to the Demised Premises. Unless Tenant is otherwise so advised at the time Landlord reviews any proposed plans and specifications for a proposed Alteration to be performed by Tenant, Tenant shall not be required to remove any of Tenant’s Property installed in connection with any Alteration performed in and to the Demised Premises following subsequent to the expiration or termination initial Tenant’s Work, provided, however, in either case, the Demised Premises are surrendered by Tenant in accordance with the provisions of Articles 16.02 (particularly, but not by way of limitation, the last sentence of Article 16.02) and 24 of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault.

Appears in 1 contract

Samples: Lease Agreement (Switch & Data Facilities Company, Inc.)

Landlords and Tenants Property. 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, unless installed and paid for by Tenant, shall be and shall remain Landlord’s property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, upon notice to Tenant at no later than thirty (30) days prior to the Expiration Date or upon reasonable notice with respect to such earlier date upon which the term of this lease shall expire, Landlord may require Tenant to remove, at Tenant’s cost and expense, any Specialty Alterations (as herein defined) installed on or after the date hereof by or on behalf of Tenant or anyone claiming by through or under Tenant and to repair and restore the Premises to the condition existing prior to the making of said Specialty Alterations and repair any damage to the Premises or the Building due to such removal, unless if at the time Tenant requested Landlord’s consent to the installation of the Specialty Alterations, Tenant requested Landlord requests their to advise Tenant whether Landlord would require the removal of such Specialty Alterations and Landlord then advised Tenant that it would not require such removal. For the purposes hereof, “Specialty Alterations” shall mean Alterations consisting of kitchens, executive bathrooms, raised computer floors, computer installations, vaults, libraries, internal staircases, dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems, and other Alterations of a similar character which are not Building-Standard in nature. 12.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this lease; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof other than damage resulting from any negligent act or omission of Landlord, its employees, agents or contractors. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant’s Property and shall be deemed the property of Landlord. 12.03. At or before the Expiration Date, Date of this lease (or the date of within 15 days after any earlier termination of this Lease, lease) Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations Property (except such items thereof as constitute Landlord shall have expressly permitted to remain, which property shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. 12.04. If any Any other items of Tenant’s Property which shall remain in the Premises after the Expiration Date of this lease, or within 15 days following an earlier termination date, may at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Lease Agreement (Arch Capital Group LTD)

Landlords and Tenants Property. All (a) Subject to Section 4.03(d), all fixtures, machinery, equipment, improvements and appurtenances attached to, to or built intointo the Premises, whether or not at the Premises expense of Tenant, and all fixtures, equipment, improvements and appurtenances attached to or built into any other area of the Building by or on behalf of Tenant (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Premises and shall not be removed by Tenant at except as expressly provided to the Expiration Date unless Landlord requests their removalcontrary in this Lease. All Fixtures on the Rent Commencement Date shall be the property of Landlord. All Fixtures that become part of the Premises after the Rent Commencement Date shall be the property of Tenant during the Term and, upon expiration or earlier termination of this Lease, unless expressly provided otherwise in this Lease, shall become the property of Landlord. (b) All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises or elsewhere in the Building (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant. ’s Property is removed, Tenant shall repair any damage to the Premises or to the Building resulting from the installation and/or removal thereof. (c) At or before the Expiration Date, or the date of within 30 days after any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove Tenant’s Property from the Premises all of Tenant’s Property, any Alterations (except such items thereof as Landlord shall have expressly permitted in writing to remain, which shall become the property of Landlord and shall not constitute LandlordTenant’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal hereunder), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. If any Any items of Tenant’s Property which remain at in the Premises following after the expiration Expiration Date, or more than 30 days after an earlier termination of this Lease, such items shall automatically may, at the option of Landlord, be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant’s expense. (d) Landlord, by notice given to Tenant at any time prior to or within (but not later than) 60 days after the Expiration Date or any earlier termination of this Lease, may desire require Tenant, notwithstanding Section 4.03(a), to remove all or any Specialty Installations. If Landlord shall give such notice, then Landlord, at Tenant’s expense, no earlier than 30 days after the giving of such notice by Landlord, shall remove the Specialty Installations from the Premises, repair and restore the Premises to the condition existing prior to installation thereof and repair any damage to the Premises or to the Building due to such removal (such removal and repair work is collectively hereinafter referred to as the “Restoration Work”). Tenant shall, within 30 days after demand therefor, reimburse Landlord for the reasonable out-of-pocket costs actually incurred by Landlord in connection with the Restoration Work that are in excess of such costs that Landlord would have incurred if the Specialty Installations were not Specialty Installations. Any dispute with respect to such remaining items the cost of Tenant’s Propertythe Restoration Work shall be resolved by arbitration in accordance with the provisions of Section 8.09. Notwithstanding the foregoing, Tenant, at the time Tenant submits to Landlord Tenant’s plans and specifications for any Alterations, may request in writing that Landlord specifically identify any Specialty Installations shown on Tenant’s plans and specifications which Tenant acknowledge and agree that upon termination or expiration must remove at the end of the Term of the Lease, Tenant will be responsible for disassembling (and removing the vault from restore the Premises and restoring the affected area of the Premises thereof to its condition existing prior to the installation of such Specialty Installations). If Tenant shall make such request in writing and such request shall contain a legend in not less than 14 point font bold upper case letters as follows: “PURSUANT TO SECTION 4.03(d) OF THE LEASE, LANDLORD’S FAILURE TO SPECIFICALLY IDENTIFY ANY SPECIALTY INSTALLATIONS SHOWN ON TENANT’S PLANS AND SPECIFICATIONS WHICH TENANT MUST REMOVE AT THE END OF THE TERM SHALL BE DEEMED TO BE A WAIVER OF LANDLORD’S RIGHT TO OBLIGATE TENANT TO REMOVE SUCH SPECIALTY INSTALLATIONS AT THE END OF THE TERM.”, then any such Specialty Installations which Landlord fails to designate in Landlord’s approval of such plans and specifications as items which Tenant shall be required to remove shall not be required to be removed by Tenant (or at Tenant’s expense) at the vault.end of the Term, and such failure shall constitute a waiver of Landlord’s right to obligate Tenant to remove such Specialty Installations at the end of the Term. The term “Specialty Installations” shall mean installations performed by or at the

Appears in 1 contract

Samples: Lease (Coach Inc)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11). All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant. Not withstanding anything herein to the contrary, the exterior sign (the “sign”) placed on the Premises by Tenant shall not become Landlord’s Property and Tenant shall be required to remove sign upon expiration of the Term. In no event~ shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or for the account of, Tenant other similar building operating equipment and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both such installation and/or removal thereofand removal. If any Any other items of TenantXxxxxx’s Property personal property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Xxxxxxxx’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Propertyexpense. Notwithstanding the foregoing, Landlord and if Tenant acknowledge and agree that upon termination or expiration is in default under the terms of the Term of the this Lease, Tenant will be responsible for disassembling and removing the vault may remove Xxxxxx’s personal property from the Premises and restoring only upon the affected area express written direction of the Premises thereof to its condition prior to the installation of the vaultLandlord.

Appears in 1 contract

Samples: Lease Agreement (Argyle Security, Inc.)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements (a) Tenant acknowledges that the Buildings and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part all of the Premises; shall be deemed materials and Equipment incorporated therein are the property of Landlord (the “Landlord’s Property”), and Tenant agrees that, except for Tenant's Property and except as provided in ARTICLE 45, all materials and Equipment incorporated into any Building at any time during the Term shall immediately become and constitute the property of Landlord, and that title to all of the Buildings and such materials and Equipment shall continue in Landlord. (b) Tenant covenants and agrees that all Construction Agreements between Tenant and any contractor shall include the following provision VERBATIM: "[contractor] [subcontractor] [materialman] shall look solely to [Tenant] [contractor][subcontractor] for payment for any and all materials sold, delivered or installed and for all services performed and labor provided, it being expressly understood and agreed that Landlord shall not be removed by Tenant at liable in any manner for payment or otherwise to [contractor] [subcontractor] [materialman] for or in connection with any such materials, services or labor, and Landlord shall have no obligation to pay any compensation to [contractor] [subcontractor][materialman] for or on account of such services, labor or materials becoming incorporated in the Expiration Date unless Landlord requests their removalPremises of [insert name of the Landlord]; and [contractor][subcontractor] [materialman] shall not under any circumstance have or assert any lien or claim for lien against the Premises or Landlord's right, title, interest or estate therein or thereto." SECTION 11.2. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that and other fixtures and personal property, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned installed by or on account of Tenant and located in the Premises (collectivelyherein collectively called "TENANT'S PROPERTY"), the “Tenant’s Property”) shall be and shall remain the property of Tenant. At Tenant and may be removed by Tenant at any time during the term of this Lease or before within 30 days after the Expiration Date; provided, or the date of however, that if any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property's Property is removed at any time (whether before or after the Expiration Date), any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Property Building resulting from any the installation and/or and removal thereof. If any items ; and provided further, that it shall be a condition of Tenant’s 's allowing any of Tenant's Property to remain at on the Premises following after the expiration or termination of this Lease, Expiration Date that it be in such items shall automatically be deemed abandoned condition and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, location that Landlord and Tenant acknowledge its designees shall at all times after the Expiration Date have full and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area free access to all parts of the Premises thereof (including, without limitation, all interior portions of all Buildings) to its condition prior do any repairs, replacements, construction, maintenance, improvements or other work that Landlord may wish to do, and Landlord is hereby irrevocably granted full and complete authority to move any and all of Tenant's Property, at Tenant's cost and expense, to the installation extent reasonably necessary or useful to permit or facilitate Landlord's doing any of such work, and Landlord shall have no liability or responsibility of any kind for or on account of any damage to or destruction of Tenant's Property which results from the vaultforegoing (except for any such damage caused by Landlord's malicious or willful damage thereto).

Appears in 1 contract

Samples: Lease Agreement (Coach Inc)

Landlords and Tenants Property. All Except the generator, satellite dish, air units for computer room, Liebert units, trade fixtures associated specifically with the use of the Premises for purposes of a medical care facility, health fitness center, pharmacy, drug distribution center and items ancillary or related to the foregoing which shall remain the property of Tenant and which may be removed from the Premises by Tenant, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11.1). All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed and paid for by Tenant as part of furniture and equipment purchased with TI Allowance (as defined on Exhibit B), shall also constitute Landlord’s Property and shall not be removed by Tenant. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or for the account of, Tenant other similar building operating equipment and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11.1, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both such installation and/or removal thereofand removal. If any Any other items of Tenant’s Property personal property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Propertyexpense. Notwithstanding the foregoing, Landlord and if Tenant acknowledge and agree that upon termination or expiration is in Default under the terms of the Term of the this Lease, Tenant will be responsible for disassembling and removing the vault may remove Tenant’s personal property from the Premises and restoring only upon the affected area express written direction of the Premises thereof to its condition prior to the installation of the vaultLandlord.

Appears in 1 contract

Samples: Office Facility Lease (I Trax Inc)

Landlords and Tenants Property. 16.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) Building at the commencement of any Early Access, or during the Term, whether or not placed there by or Term at the expense of Tenant, shall become and remain a part Tenant (exclusive of the Premises; items to which Tenant's Fund has been applied) shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removal. Tenant. 16.02 All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Building, which are installed in the Premises by, Building by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Premises Building (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building or the Common Areas resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03 At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expenseTenant shall surrender the Demised Premises broom clean, vacant and in good condition, reasonable wear and tear and damage by casualty, excepted. Tenant may remove any alterations and fixtures and shall remove from any alterations or fixtures which are not usual or customary for general office use and which would materially impair the reletting of the Demised Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and for general office use. Tenant shall repair any structural damage to the Premises or Demised Premises, the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at Building and the Premises following Common Areas and the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault.Pro-

Appears in 1 contract

Samples: Lease Agreement (Paine Webber Group Inc)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11). All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage In addition to the Propertyimmediately preceding sentence, and all furniturefor purposes of this Lease, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the any references to “Tenant’s Property”) shall mean any property for which Tenant has itself paid or manufactured, together with any machinery and equipment for which Tenant has paid and that is located in the Premises. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or other similar building operating equipment and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, Property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both of such installation and/or removal thereofand removal. If any Any other items of Tenant’s Property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s PropertyProperty may be retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and absolute discretion and without accountability, at Tenant’s expense. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault13.

Appears in 1 contract

Samples: Industrial Building Lease

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Demised Premises on the Commencement Date, unless installed and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. Notwithstanding the foregoing, any switch equipment owned or leased by Tenant for use at the Expiration Date unless Landlord requests their removalDemised Premises shall remain Tenant's Property. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, or the Building by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Premises Demised premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of the Tenant and may be removed by Tenant at any time during the Term, provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the exterior Common Areas, resulting from the installation and/or removal thereof. At Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. In the event at or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within thirty (30) days after the Expiration Date or an earlier termination date, at its expense, shall remove Tenant removes from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of the Landlord as requiring removal and if not removed), Tenant shall repair any damage to the Premises or Demised Premises, the Property Building and the Common Areas resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain in the Demised Premises after the Expiration Date or after a period of thirty (30) days following the Expiration Date or an earlier termination date, may, at the Premises following option of the expiration or termination of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the Common Areas resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Premises or Demised Premises, the Property Building and the Common Areas resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Separation Agreement (Jenna Lane Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, material handling equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the Common Areas resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain hereunder, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Premises or Demised Premises, the Property Building and the Common Areas resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's reasonable expense.

Appears in 1 contract

Samples: Lease (G Iii Apparel Group LTD /De/)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements improvements, appurtenances and appurtenances Alterations attached to, to or built intointo the Premises, whether or not at the Premises expense of Tenant (collectively, “FixturesImprovements) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Premises and shall not be removed by Tenant at except as expressly provided to the Expiration Date unless Landlord requests their removalcontrary in this Lease, subject to Tenant’s rights to alter or remove same in connection with Alterations made in accordance with this Lease. All Improvements shall be the property of Tenant during the Term and, upon expiration or earlier termination of this Lease, unless expressly provided otherwise in this Lease, shall become the property of Landlord. In no event shall any of Tenant’s Property be deemed an Improvement hereunder. Notwithstanding the foregoing, provided there is no Event of Default outstanding, Tenant shall have the right to remove upon the expiration or earlier termination of this Lease any fixtures or equipment that are dedicated to Tenant and were paid for by Tenant that can be removed without material damage to the Premises or the Building, provided that prior to such expiration or termination Tenant repairs such damage and restores the Premises to the substantially the same condition as prior to such removal. (b) All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings furnishings, pre-fabricated wall mounted cabinets, and other articles of movable personal property (including items attached to or built into the Premises which can be removed without material damage to the Premises or the Building) owned by Tenant and located in the Premises or elsewhere in the Building (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant’s Property is removed, Tenant shall repair any damage to the Building (outside of the Premises) resulting from the installation and/or removal thereof. At Notwithstanding the foregoing, any equipment or other property identified in this Lease or the DCA as having been paid for with any allowance (including the Work Allowance) or credit granted by Landlord to Tenant shall solely for Federal, State and local income tax purposes be considered the property of Landlord. (c) On or before the Expiration Date, or the date of within 30 days after any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove Tenant’s Property from the Premises all of Tenant’s Property, any Alterations (except such items thereof as Landlord shall have expressly permitted in writing to remain, which, if Tenant elects to leave the same in the Premises, shall become the property of Landlord on the Expiration Date or sooner termination of this Lease and shall not constitute LandlordTenant’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal under this Lease), and Tenant shall repair any damage to the Building outside of the Premises or the Property resulting from any installation and/or such removal thereofof Tenant’s Property. If any Any items of Tenant’s Property which remain at in the Premises following after the expiration Expiration Date, or more than 30 days after an earlier termination of this Lease, may, at the option of Landlord, be deemed to have been abandoned, and may be retained by Landlord as Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant’s expense (except such items shall automatically be deemed abandoned and Landlord may take any action whatsoever thereof as Landlord may desire with respect shall have expressly permitted in writing to such remaining items remain, which shall become the property of Landlord on the Expiration Date or sooner termination of this Lease and shall not constitute Tenant’s PropertyProperty under this Lease). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from shall have no obligation to remove any Alterations made in the Premises and restoring on the affected area of the Premises thereof to its condition prior to the installation of the vaultExpiration Date.

Appears in 1 contract

Samples: Lease (BlackRock Inc.)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests Landlord, as permitted by this Lease, requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11); provided, that, Tenant’s diagnostic imaging equipment shall at all times remain Tenant’s personal property and at no time under any circumstances (even if built into or attached to the Premises) shall such equipment be deemed, or become, Landlord’s Property. All movable non-structural partitionsIn no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, business and trade lighting or lighting fixtures, machinery and wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, communications fencing or security gates, or other similar building operating equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and requires be removed pursuant to Section 11; Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both such installation and/or removal thereofand removal; and Tenant shall restore the Premises to a “broom clean” condition. If any Any other items of Tenant’s Property personal property (other than diagnostic imaging equipment) that remain in the Premises after the Expiration Date, or following an earlier termination date, may, after Landlord provides Tenant with thirty (30) days prior written notice, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Medical Office Building Lease (Mq Associates Inc)

Landlords and Tenants Property. (a) Tenant shall have the exclusive right, during the Term, to use all equipment, machinery, inventory, appliances and other tangible personal property located in the Premises as of the Commencement Date and used in connection with the operation of the Premises. All fixtures, machinery, equipment, improvements improvements, ventilation and air-conditioning equipment and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant (excluding the Building Systems (which are and shall remain the property of Landlord but which are subject to modification, change and/or replacement by Tenant in accordance with the terms of this lease) and Tenant’s Property (which is and shall remain the property of Tenant)), shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without representation or warranty by Tenant) and shall not be removed by Tenant, except as provided in Section 12.02. (b) Notwithstanding anything to the contrary contained in this lease, Landlord and Tenant at agree and acknowledge that, until the Expiration expiration or sooner termination of this lease, Tenant, for federal, state and local income taxes purposes and for all other purposes shall be deemed the owner of all fixtures, equipment, improvements, ventilation and air conditioning equipment and appurtenances attached to or built into the Premises by Tenant or any Affiliate of Tenant as the owner of the Real Property prior to the Commencement Date unless Landlord requests their removal(other than the Building Systems) and Tenant may obtain the benefit of such ownership, if any, allowed or allowable with respect thereto hereunder, under applicable law and/or the Internal Revenue Code. 12.02. All movable non-structural partitions, furniture systems, special cabinet work, business and trade fixtures, machinery and equipment, communications equipment (including, without limitation, telephone systems and security systems) and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant. At or before Tenant and may be removed by Tenant at any time during the Expiration Date, or the date of Term; provided that if any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s PropertyProperty is removed, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair or pay the cost of repairing any damage to the Premises or the Property resulting from any the installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease; and provided further that, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from shall not remove any items which are required to maintain the Premises and restoring the affected area of the Premises thereof to its condition prior as a fully operational office Building. 12.03. Subject to the installation provisions of this Section 12.03, at or before the vault.Expiration Date of this lease (or within sixty (60) days after any earlier termination of

Appears in 1 contract

Samples: Lease Agreement (Citigroup Inc)

Landlords and Tenants Property. 16.01 All fixturesequipment and improvements other than those installed by Tenant, machinery, equipment, improvements and all fixtures and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removal. installed and paid for by Tenant, shall be and shall remain Landlord’s property and shall not be removed by Tenant. 16.02 All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the Land resulting from the installation and/or removal thereof. Notwithstanding anything herein to the contrary, Tenant shall not be permitted to remove any item or items, upon the surrender of the Demised Premises pursuant to Article 26 hereof or at any time prior thereto, if such removal would create a violation under the Legal Requirements, including any violation or loss of any certificate of occupancy for the Demised Premises. 16.03 At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of Tenant’s Property, any Alterations the Tenant s Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Premises or Demised Premises, and the Property Building resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration Any items of the Term Tenant’s Property which shall remain in the Demised Premises after the Expiration Date or upon fifteen (15) days notice following an earlier termination date, may, at the option of the LeaseLandlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaults expense.

Appears in 1 contract

Samples: Lease Agreement (Sungard Data Systems Inc)

Landlords and Tenants Property. 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, unless installed and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, upon notice to Tenant at no later than thirty (30) days prior to the Expiration Date unless or upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord requests their may require Tenant to remove all or part of the foregoing fixtures, equipment, improvements and appurtenances attached to or built into the Premises during the term of this Lease; provided, however, that (i) Tenant shall not be obligated to remove any such fixtures, equipment, improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant's obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to non- standard items such as kitchens, vaults, private restrooms, raised or reinforced flooring, or other items which are unusually difficult or expensive to remove. Tenant shall remove any such items required by Landlord pursuant to the preceding sentence from the Premises prior to the expiration of this Lease at Tenant's expense. Upon such removal Tenant shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. 12.02. All movable non-structural partitions, furniture systems, special cabinet work, business and trade fixtures, machinery and equipment, communications equipment (including, without limitation, telephone system, security system and wiring) and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “herein collectively called "Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant's Property and shall be deemed the property of Landlord. 12.03. At or before the Expiration Date, Date of this Lease (or the date of within 15 days after any earlier termination of this Lease, ) Tenant, at its expense, shall remove from the Premises all of Tenant’s Property's furniture, any Alterations equipment (including, without limitation, telecommunications equipment and wiring and cabling) and other moveable personal property not affixed or attached to the Premises (except for such items thereof as constitute Landlord shall have expressly permitted to remain, which property shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant's Property. 12.04. If any Any other items of Tenant’s 's Property which shall remain at in the Premises following after the expiration or termination Expiration Date of this Lease, or within 15 days following an earlier termination date, may at the option of Landlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Lease Agreement (Broadview Networks Holdings Inc)

Landlords and Tenants Property. 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Sections 12.02 and 12.05. Upon such removal, Tenant shall, immediately and at its expense, repair any damage to the Expiration Date unless Landlord requests their Premises or the Building due to such removal. 12.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. 12.03. At or before the Expiration Date, Date of this Lease (or the date of within twenty (20) days after any earlier termination of this Lease, ) Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations Property (except such items thereof as constitute Landlord shall have expressly permitted to remain, which property shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall restore and/or repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. 12.04. If any Any other items of Tenant’s Property which shall remain at in the Premises after Tenant’s vacating of the Premises following the expiration or termination Expiration Date of this Lease, or within twenty (20) days following an earlier termination date, may at the option of Landlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Settlement Agreement (Ambac Financial Group Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the Common Areas resulting from the installation and/or removal thereof, reasonable wear and tear accented. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Premises or Demised Premises, the Property Building and the Common Areas resulting from any installation and/or and/or-removal thereofof the Tenant's Property, reasonable wear and tear accepted. If any Any items of the Tenant’s 's Property which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's Expense.

Appears in 1 contract

Samples: Office Lease (Audible Inc)

Landlords and Tenants Property. All (a) Subject to Section 4.03(d), all fixtures (other than movable trade fixtures constituting Tenant’s Property), equipment (other than movable equipment constituting Tenant’s Property), improvements and appurtenances attached to or built into the Premises, whether or not at the expense of Tenant, and all fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into any other area of the Premises Building by or on behalf of Tenant (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Building and shall not be removed by Tenant at except as expressly provided to the Expiration Date unless Landlord requests their removalcontrary in this Lease. All Fixtures shall be the property of Tenant during the Term and, upon expiration or earlier termination of this Lease, unless expressly provided otherwise in this Lease, shall become the property of Landlord. (b) All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises or elsewhere in the Building (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant’s Property is removed, Tenant shall repair any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Notwithstanding the foregoing, subject to Section 4.03(d), any equipment or other property paid for with any allowance or credit granted by Landlord to Tenant shall not be considered Tenant’s Property and shall be and remain a part of the Premises or such other location in the Building in which such equipment or other property is located, shall, upon the expiration or earlier termination of this Lease, be the property of Landlord and shall not be removed by Tenant. (c) At or before the Expiration Date, or the date of within 30 days after any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove Tenant’s Property from the Premises all of Tenant’s Property, any Alterations Building (except such items thereof as constitute Landlord shall have expressly permitted in writing to remain, which shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. If any Any items of Tenant’s Property which remain at in the Premises following Building after the expiration Expiration Date, or more than 30 days after an earlier termination of this Lease, such items shall automatically may, at the option of Landlord, be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant’s expense. (d) Landlord, by notice given to Tenant at any time prior to or within 60 days after the Expiration Date or any earlier termination of this Lease, may desire with respect require Tenant, notwithstanding Section 4.03(a), to remove all or any Specialty Installations. If Landlord shall give such notice, then Tenant, at Tenant’s expense, on or prior to the later of (x) the Expiration Date and (y) the date that is 30 days after the giving of such notice by Landlord, shall either (i) remove the Specialty Installations from the Premises and the Building, repair and restore the Premises and the Building to the condition existing prior to installation thereof and repair any damage to the Premises or to the Building due to such remaining items of Tenant’s Propertyremoval (such removal and repair work is collectively hereinafter referred to as the “Restoration Work”) or (ii) elect by written notice to Landlord for Landlord to perform the Restoration Work, in which event Tenant shall pay or reimburse Landlord for the costs thereof within 30 days after demand therefor. Notwithstanding the foregoing, Tenant, at the time Tenant submits to Landlord Tenant’s plans and specifications for any Alterations, may request in writing that Landlord specifically identify any Specialty Installations shown on Tenant’s plans and specifications which Tenant acknowledge and agree that upon termination or expiration must remove at the end of the Term of the Lease, Tenant will be responsible for disassembling (and removing the vault from restore the Premises and restoring the affected area of the Premises thereof Building to its condition existing prior to the installation of such Specialty Installations). The term “Specialty Installations” shall mean installations consisting of vaults, safes, poured concrete or similar raised flooring, internal staircases, vertical and horizontal risers, dumbwaiters, vertical transportation systems, roof equipment, supplemental HVAC equipment, kitchen facilities (but not pantry facilities), private bathrooms, other installations which penetrate the vaultslabs of the Premises, Alterations which affect the Building’s curtain wall (provided that Restoration Work in connection with any such Alterations affecting the Building’s curtain wall shall be performed by Landlord at Tenant’s expense), installations in areas of the Building other than the Premises and any other installations which are not customary installations for tenants occupying premises comparable to the Premises for general, administrative and executive office use as permitted under this Lease. The provisions of this Section 4.03(d) shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Landlords and Tenants Property. 16.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or Term at the expense of Tenant, shall become and remain a part Tenant (exclusive of the Premises; items to which Tenant's Fund has been applied) shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removal. Tenant. 16.02 All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Building, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building or the Common Areas resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03 At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expenseTenant shall surrender the Demised Premises broom clean, vacant and in good condition, reasonable wear and tear and damage by casualty, excepted. Tenant may remove any alterations and fixtures and shall remove from any alterations or fixtures which are not usual or customary for general office use and which would materially impair the reletting of the Demised Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and for general office use. Tenant shall repair any structural damage to the Premises or Demised Premises, the Property Building and the Common Areas and the Project Common Areas resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain at the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned 33 37 and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's Expense.

Appears in 1 contract

Samples: Lease Agreement (Paine Webber Group Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Demised Premises or the Property resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Lease Agreement (Childrens Place Retail Stores Inc)

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Landlords and Tenants Property. 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Sections 12.02 and 12.05. Upon such removal, Tenant shall, immediately and at its expense, repair any damage to the Expiration Date unless Landlord requests their Premises or the Building due to such removal. 12.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. 12.03. At or before the Expiration Date, Date of this Lease (or the date of within twenty (20) days after any earlier termination of this Lease, ) Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations Property (except such items thereof as constitute Landlord shall have expressly permitted to remain, which property shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall restore and/or repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. 12.04. If any Any other items of Tenant’s Property which shall remain at in the Premises after Tenant’s vacating of the Premises following the expiration Expiration Date of this Lease, or within twenty (20) days following an earlier termination date, may at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant’s expense. 12.05. Notwithstanding anything contained herein to the contrary, those installations and improvements that are Specialty Alterations (as hereinafter defined) and which were installed after the Effective Date shall be removed from the Premises by Tenant at or prior to the Expiration Date of this Lease (or within twenty (20) days after earlier termination of this Lease), such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of at Tenant’s Property. Notwithstanding the foregoing, expense provided that Landlord and notify Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, as to whether Tenant will be responsible for disassembling and removing required to remove and/or restore, as the vault from case may be, said Specialty Alterations, at the Premises and restoring time of Landlord’s approval (if approved) whether said Specialty Alterations will be required to be removed by Tenant at the affected area end of the Premises thereof term, at Tenant’s sole cost and expense. Tenant shall not be required to its condition remove Specialty Alterations installed prior to the Effective Date. “Specialty Alteration(s)” shall include, without limitation, installations by or on behalf of Tenant made after the Effective Date consisting of kitchens, executive bathrooms, satellite dishes and/or similar antennae devices, raised computer floors, computer installations, vaults, libraries, filing systems which are built-in and/or penetrate or otherwise affect any floor slab to a greater than de minimis extent, internal staircases, dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems, supplemental HVAC systems, any installations which are structural in nature or penetrate or otherwise affects any floor slab to a greater than de minimis extent, and other installations of a similar character which are not customary for general office use in comparable office buildings in downtown Manhattan. Tenant shall restore and/or repair any damage to the Premises or the Building resulting from any installation and/or removal of the vaultSpecialty Alterations.

Appears in 1 contract

Samples: Lease (Ambac Financial Group Inc)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, Alterations and improvements and appurtenances permanently attached to, to or built intointo the Demised Premises, whether or not at the Premises expense of Tenant (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Demised Premises and shall not be removed by Tenant at except as set forth herein. (b) Notwithstanding anything to the Expiration Date unless Landlord requests their removal. All contrary in Section 4.03(a), all movable non-structural partitions, business and trade fixtures, machinery and equipment, communications supplemental HVAC equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Propertyby Tenant, and all furniture, furnishings and other articles of movable personal property property, or fixtures or equipment not permanently attached to the Building, owned by Tenant and located in the Demised Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any of Tenant’s Property is removed, Tenant shall repair any damage to the Demised Premises or to the Building resulting from the installation and/or removal thereof, subject to the casualty and condemnation provisions contained herein. Notwithstanding the foregoing, any equipment or other property identified in this Lease or in any leasehold improvement agreement as having been paid for with any allowance or credit granted by Landlord to Tenant (“Allowance Property”), excluding Tenant’s trade fixtures, shall not be considered Tenant’s Property and shall be and remain a part of the Demised Premises, shall, upon the expiration or earlier termination of this Lease, be the property of Landlord and shall not be removed by Tenant, except as provided in subsection 4.03(c) below. (c) At or before the Expiration Date, or the date of within thirty (30) days after any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove Tenant’s Property from the Demised Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord shall have expressly permitted to remain, which shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Demised Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property, subject to the casualty and condemnation provisions contained herein. If As long as Landlord has provided Tenant with reasonable access to the Demised Premises to remove Tenant’s Property, any items of Tenant’s Property which remain at in the Demised Premises following more than thirty (30) days after the expiration or earlier termination of this Lease, such items shall automatically may, at the option of Landlord, be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect shall determine, all at Tenant’s expense. Tenant shall have reasonable access to such remaining items of the Building and Demised Premises during the period provided above to remove Tenant’s Property, subject to force majeure. (d) Landlord, by notice given to Tenant upon or prior to approving Tenant’s plans therefor, may require Tenant, notwithstanding Section 4.03(a), to remove all or any Fixtures installed by Tenant that do not constitute a standard office installation, such as, by way of example only, kitchens, vaults, safes, trading floors and raised flooring. Notwithstanding If Landlord shall give such notice pursuant to the foregoingpreceding sentence, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Leasethen Tenant, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition at Tenant’s expense, prior to the installation Expiration Date, or, in the case of an earlier termination of this Lease, within 30 Business Days after the vaultgiving of such notice by Landlord, shall remove the same from the Demised Premises and shall repair damage caused by such removal, subject to casualty and condemnation.

Appears in 1 contract

Samples: Lease (El Paso Electric Co /Tx/)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) by Landlord at the commencement of any Early Accessof, or during during, the Term, whether or not placed there by or at the expense of Tenant, Term shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11). All Further, any personal property, equipment or machinery (with the exception of Building mechanicals such as HVAC) installed by the Tenant in the Premises, at Tenant’s cost, for purposes of the Permitted Use on or after the Commencement Date, movable non-structural partitionsor otherwise shall constitute Tenant’s property and shall be removed by Tenant. Notwithstanding anything to the contrary otherwise contained in the Lease, business and trade in no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, machinery and wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, communications fencing or security gates, or other similar building operating equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both such installation and/or removal thereofand removal. If any Any other items of Tenant’s Property personal property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Propertyexpense. Notwithstanding the foregoing, Landlord and if Tenant acknowledge and agree that upon termination or expiration is in default under the terms of the Term of the this Lease, Tenant will be responsible for disassembling and removing the vault may remove Tenant’s personal property from the Premises and restoring only upon the affected area express written direction of the Premises thereof to its condition prior to the installation of the vaultLandlord.

Appears in 1 contract

Samples: Industrial Building Lease (GlenRose Instruments Inc.)

Landlords and Tenants Property. 12.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, unless installed and paid for by Tenant, shall be and shall remain Landlord’s property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, upon notice to Tenant at no later than one hundred eighty (180) days prior to the Expiration Date unless or upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord requests their may require Tenant to remove all or part of the foregoing fixtures, equipment, improvements and appurtenances attached to or built into the Premises during the term of this Lease by identifying to Tenant in writing, any Alterations that will require restoration upon the expiration or sooner termination of this Lease; provided, however, that (i) Tenant shall not be obligated to remove any such fixtures, equipment, improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to items that are not of the type, quality or quantity of improvement that is customarily found in a standard office installation in first class office buildings in the midtown area of Manhattan in the City of New York, including, but not limited to, kitchens (which shall not included pantries), vaults, private restrooms, shower rooms and shower stalls, raised or reinforced flooring, staircases or supplemental HVAC equipment (except that Tenant shall not be required to remove ceiling hung supplemental air-conditioning units having a capacity of five (5) tons or less). Tenant shall remove any such items required by Landlord pursuant to the preceding sentence from the Premises prior to the expiration of this Lease at Tenant’s expense. Upon such removal Tenant shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. At Tenant’s written request, at the time of Landlord’s consent to Tenant’s Alterations, Landlord will identify any Alterations specified in Tenant’s Plans that will require restoration (subject to the limitations contained in this Section 12.01) upon the expiration or sooner termination of this Lease. 12.02 All movable non-structural partitions, furniture systems, special cabinet work, business and trade fixtures, machinery and equipment, communications equipment (including, without limitation, telephone system, security system and wiring) and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant’s Property and shall be deemed the property of Landlord. 12.03 At or before the Expiration Date, Date of this Lease (or the date of within fifteen (15) days after any earlier termination of this Lease, ) Tenant, at its expense, shall remove from the Premises all of Tenant’s Propertyfurniture, any Alterations equipment and other moveable personal property not affixed or attached to the Premises (except for such items thereof as constitute Landlord shall have expressly permitted to remain, which property shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereof. If any of Tenant’s Property. 12.04 Any other items of Tenant’s Property which shall remain at in the Premises following after the expiration or termination Expiration Date of this Lease, or within fifteen (15) days following an earlier termination date, may at the option of Landlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Lease Agreement (Advent Software Inc /De/)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built intointo the Premises, whether or not at the Premises expense of Tenant (collectively, “Fixtures”) at ), shall be and remain a part of the commencement Premises and shall not be removed by Tenant. All Fixtures constituting Tenant’s Improvements and Betterments shall be the property of any Early Access, or Tenant during the TermTerm and, whether upon expiration or not placed there by or earlier termination of this Lease, shall become the property of Landlord. All Fixtures (including, without limitation, Fixtures installed as part of the Tenant’s Initial Alterations) other than Improvements and Betterments shall, upon installation, be the property of Landlord. “Tenant’s Improvements and Betterments” means (i) all Fixtures, if any, installed at the expense of Tenant, shall become whether installed by Tenant or by Landlord (i.e., excluding any Fixtures paid for by Landlord directly or by way of an allowance) and remain a part of (ii) all carpeting affixed to the Premises; Premises (other than non-affixed area rugs). Notwithstanding the foregoing or any contrary provision contained in this Lease: (i) all Fixtures made at Tenant’s expense (i.e., those Fixtures not paid for with Landlord’s Contribution) shall be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removal. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in for the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property purposes of Tenant. At or before the Expiration Date, or the date of any earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal income taxes and Tenant shall repair have the right to depreciate the cost of such Fixtures, (ii) all Fixtures paid for with Landlord’s Contribution shall be deemed to be owned by Landlord for purposes of income taxes and Landlord shall have the right to depreciate the cost of such Fixtures, and (iii) in no event shall any damage to the Premises or the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultFixtures.

Appears in 1 contract

Samples: Lease (National Financial Partners Corp)

Landlords and Tenants Property. (a) Tenant shall have the exclusive right, during the term of this lease, to use all equipment, machinery, inventory, appliances and other tangible personal property located in the Premises as of the Commencement Date and used in connection with the operation of the Premises. All fixtures, machinery, equipment, improvements improvements, ventilation and air-conditioning equipment and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this lease, whether or not placed there by or at the expense of Tenant (excluding the Building Systems (which are and shall remain the property of Landlord but which are subject to modification, change and/or replacement by Tenant in accordance with the terms of this lease) and Tenant’s Property (which is and shall remain the property of Tenant)), shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without representation or warranty by Tenant) and shall not be removed by Tenant, except as provided in Section 12.02. Notwithstanding the foregoing provisions, upon notice to Tenant at the Expiration Date unless Landlord requests their removal. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises no later than eighteen (collectively, the “Tenant’s Property”18) shall be and shall remain the property of Tenant. At or before months after the Expiration Date, or Landlord, subject to the date provisions of any earlier termination the last sentence of this LeaseSection 12.01(a), Tenant, at its expense, shall remove from may require Tenant to reimburse Landlord for the Premises all actual and commercially-reasonable third-party out-of-pocket costs incurred by Landlord that are incremental to the removal of Tenant’s Property, any Specialty Alterations (except such items thereof as constitute Landlord’s Property unless i.e., and not the demolition costs that Landlord would have otherwise directsincurred) if Landlord shall have theretofore elected to remove any Specialty Alterations made by Tenant and any Fixtures designated by Landlord as requiring removal to repair and Tenant shall repair restore in a good and workmanlike manner to good condition any damage to the Premises or the Real Property resulting from caused by such removal (other than due to the negligence of any installation and/or removal thereof. If any items of Tenant’s Property remain at Landlord Party or Landlord contractor); provided, however, that if Tenant shall exercise its right pursuant to Article 36 to extend the Premises following the expiration or termination term of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire lease with respect to such remaining items less than the entire Premises (herein called the “Partial Premises”) or Tenant shall have exercised the Surrender Option, then, with respect to any Specialty Alterations located in or serving the Partial Premises or the Surrender Space, as the case may be, the rights of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior contained in this sentence shall relate to the installation of eighteen (18) month period following the vault.extended Expiration Date

Appears in 1 contract

Samples: Lease Agreement (Citigroup Inc)

Landlords and Tenants Property. All fixtures(a) Tenant hereby acknowledges and agrees that any and all fixtures or other improvements attached to or affixed to the Demised Premises, machinerywhether or not such fixtures or other improvements were (i) affixed or installed by either Landlord or Tenant, equipment(ii) paid for by either Landlord or Tenant and regardless of the payment method, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or performed during the Term, whether or not placed there by or at the expense (iii) part of Tenant’s Work, and (iv) part of any Alteration, shall become be and remain a part of the Premises; shall be deemed the property of Landlord unless: (the “Landlord’s Property”), and shall not i) Landlord notifies Tenant in writing that any such improvements must be removed by from the Demised Premises prior to the expiration or earlier termination of the Lease, in which event Tenant shall remove such improvements from the Demised Premises at the Expiration Date unless Landlord requests their removal. its sole cost and expense, or (ii) otherwise provided for in Section 11.01(b) hereinbelow. (b) All movable non-structural partitionsremovable trade fixtures, furniture, business and trade fixtures, office machinery and equipment, communications equipment and office equipment that which are installed in the Demised Premises by, or for the account of, by Tenant and without expense to Landlord and that which can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises building (collectively, the hereinafter collectively referred to as “Tenant’s Property”) shall be and shall remain the property of Tenant. At Tenant and may be removed by Tenant at any time during the Term, provided that (i) Tenant is not then in default hereunder, (ii) such removal, if done prior to the expiration or before the Expiration Date, or the date of any earlier termination of the Lease, is done in the ordinary course of Tenant’s business and is not done or accomplished in conjunction with an abandonment or vacation of the Demised Premises, and (iii) such property is not the subject of any Landlord’s lien as provided in Section 11.02 below. For the purposes hereof, in no event shall Tenant’s Property include, among other things, any carpeting, heating, ventilating, air conditioning, lighting or plumbing fixtures or equipment or any other fixtures, equipment, improvements or appurtenances which are deemed the property of Landlord pursuant to Section 11.01(a). (c) Provided that Tenant is not in default of any term or provision of this Lease, upon the expiration or earlier termination of the Term, Tenant, at its expense, shall remove from the Demised Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Demised Premises or the Property Project resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding In the foregoing, Landlord and Tenant acknowledge and agree event that upon termination or expiration of the Term of the Leaseany such damage is not repaired, Tenant will be responsible for disassembling shall pay to Landlord as an Additional Charge, upon demand, the cost of repairing any damage to the Demised Premises and removing to the vault Project resulting from the Premises and restoring the affected area installation or removal of the Premises thereof to its condition Tenant’s Property. Any Tenant’s Property not removed by Tenant at or prior to the installation expiration or earlier termination of this Lease shall be and become the vaultproperty of Landlord (without any obligation of Landlord to pay compensation for such property).

Appears in 1 contract

Samples: Lease Agreement (Bankrate Inc)

Landlords and Tenants Property. 12.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 12.02. Notwithstanding the foregoing provisions, upon notice to Tenant at no later than thirty (30) days prior to the Expiration Date unless or upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord requests their may require Tenant to remove all or part of the foregoing fixtures, equipment, improvements and appurtenances attached to or built into the Premises during the term of this Lease; provided, however, that (i) Tenant shall not be obligated to remove any such fixtures, equipment, improvements and appurtenances installed prior to the date of this Lease, and (ii) subject to the terms of the penultimate sentence of this Section 12.01, Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to non-standard items such as slab cuts (other than a de minimis amount of openings utilized by Tenant for conduit (including, but not limited to, telecommunications conduit) or pipe chases within the Premises), kitchens, vaults, supplemental HVAC units and chillers (but excluding any ceiling-hung air handlers in the Premises), private restrooms (but excluding any Alterations made to the core restrooms on the floors of which the Premises are located), raised or reinforced flooring, or other items which are unusually difficult or expensive to remove (but excluding the Back-Up Power System and Chiller Unit, but in both cases only if Tenant has complied with its obligations with respect to the Back-Up Power System and Chiller Unit as detailed in Section 40.02 below for the entire term hereof (following the installation of the Back-Up Power System and Chiller Unit, if applicable)) (collectively, “Specialty Alterations”). Tenant shall remove any such items required by Landlord pursuant to the preceding sentence from the Premises prior to the expiration of this Lease at Tenant’s expense. Notwithstanding anything to the contrary contained in this Section 12.01, without respect to whether Landlord provides the above-mentioned notice to Tenant, Landlord shall be deemed to have required (without any further notice) Tenant to remove any kitchens, cafeterias, dining facilities, vaults, raised flooring tiles or systems, internal staircases, slab cuts, generators (subject to the exclusion detailed above), uninterrupted power supply systems and preaction fire alarm systems and associated equipment, and antennas, satellite dishes and microwave communications facilities installed as any part of any Alterations performed by or on behalf of Tenant. Upon such removal Tenant shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building due to such removal, ordinary wear and tear excepted. Notwithstanding the foregoing provisions, it is hereby agreed that, subject to the terms and conditions detailed below, if this Lease expires on the initially-scheduled Expiration Date (as same may have been extended pursuant to Article 39 below), Landlord shall, on Tenant’s behalf and at Tenant’s expense, following the Expiration Date (as extended) remove any such Specialty Alterations. As such, at least six (6) months prior to the Expiration Date (as same may be extended), Landlord shall provide an estimate (which estimate may include Landlord’s good-faith estimate of potential and/or actual lost rentals (not to exceed thirty (30) days of such lost rentals) incurred by Landlord arising out of any delay in Landlord’s delivery of the Premises, or any portion thereof, to a new tenant as a result of Tenant’s not removing such Specialty Alterations) of the out-of-pocket cost Landlord expects to incur in connection with the removal of said Specialty Alterations (the “Specialty Alterations Estimate”). No later than thirty (30) days following the giving of the Specialty Alterations Estimate (time being of the essence with respect to such date), Tenant shall pay to Landlord, the entire Specialty Alterations Estimate amount and Tenant shall, thereafter be relieved from the obligation to remove such Specialty Alterations. If Tenant fails to timely pay such Specialty Alterations Estimate, Landlord shall have no obligation to remove said Specialty Alterations and Tenant shall be required to remove same pursuant to the applicable provisions of this Article 12. 12.02. All movable non-structural partitions, furniture systems, special cabinet work, business and trade fixtures, machinery and equipment, communications equipment (including, without limitation, telephone system, security system and wiring) and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant’s Property and shall be deemed the property of Landlord. 12.03. At or before the Expiration Date, Date of this Lease (or the date of within fifteen (15) days after any earlier termination of this Lease, ) Tenant, at its expense, shall remove from the Premises all of Tenant’s Propertyfurniture, any Alterations equipment and other moveable personal property not affixed or attached to the Premises (except for such items thereof as constitute Landlord shall have expressly permitted to remain, which property shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. 12.04. If any Any other items of Tenant’s Property which shall remain at in the Premises following after the expiration or termination Expiration Date of this Lease, or within fifteen (15) days following an earlier termination date, may at the option of Landlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Lease Agreement (Investment Technology Group Inc)

Landlords and Tenants Property. All fixtures, machinery, equipmentequipment (excluding fixtures, machinery and equipment purchased by Tenant and used in Tenant’s operations), improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval and Landlord advised Tenant in writing of such removal requirement prior to the installation being made (including, but not limited to, Alterations pursuant to Section 11); provided, however, that if Landlord does not receive advance notice of any such installation, Landlord may require its removal upon the expiration or termination of the Lease term. All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed, brought into the Premises and/or paid for by Tenant and/or or its employees, customers, affiliates and/or representatives, shall also constitute Landlord’s Property and shall not be removed by Tenant. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or for the account of, Tenant other similar building operating equipment and without expense to Landlord and that can be removed without structural damage decorations permanently affixed to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of TenantPremises. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both such installation and/or removal thereofand removal. If any Any other items of Tenant’s Property personal property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Industrial Building Lease (Cyberoptics Corp)

Landlords and Tenants Property. All (a) Subject to Section 4.03(d), all fixtures (other than movable trade fixtures constituting Tenant’s Property), equipment (other than movable equipment constituting Tenant’s Property), improvements and appurtenances attached to or built into the Premises, whether or not at the expense of Tenant, and all fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into any other area of the Premises Building by or on behalf of Tenant (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Building and shall not be removed by Tenant at except as expressly provided to the Expiration Date unless Landlord requests their removalcontrary in this Lease. All Fixtures shall be the property of Tenant during the Term and, upon expiration or earlier termination of this Lease, unless expressly provided otherwise in this Lease, shall become the property of Landlord. (b) All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises or elsewhere in the Building (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant’s Property is removed, Tenant shall repair any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Notwithstanding the foregoing, subject to Section 4.03(d), any equipment or other property paid for with any allowance or credit granted by Landlord to Tenant shall not be considered Tenant’s Property and shall be and remain a part of the Premises or such other location in the Building in which such equipment or other property is located, shall, upon the expiration or earlier termination of this Lease, be the property of Landlord and shall not be removed by Tenant. (i) On the 40th Floor Expiration Date, (A) the Lease and the term thereof shall terminate and expire solely with respect to the 40th Floor Premises and (B) Tenant shall surrender vacant possession of the 40th Floor Premises to Landlord, free and clear of all tenancies, broom clean and otherwise in the condition required under this Lease. At or before the 40th Floor Expiration Date, or the date of within 30 days after any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove Tenant’s Property from the 40th Floor Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord shall have expressly permitted in writing to remain, which shall become the property of Landlord), and Tenant shall repair any damage to the 40th Floor Premises resulting from any installation and/or removal of Tenant’s Property. Any items of Tenant’s Property unless Landlord otherwise directs) which remain in the 40th Floor Premises after the 40th Floor Expiration Date, or more than 30 days after an earlier termination of this Lease, may, at the option of Landlord, be deemed to have been abandoned, and any Fixtures designated may be retained by Landlord as requiring removal Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant’s expense. (ii) At or before the 37th Floor Expiration Date, or within 30 days after any earlier termination of this Lease, Tenant, at Tenant’s expense, shall remove Tenant’s Property from the Building (except such items thereof as Landlord shall have expressly permitted in writing to remain, which shall become the property of Landlord), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant’s Property. If any Any items of Tenant’s Property which remain at in the Premises following Building after the expiration 37th Floor Expiration Date, or more than 30 days after an earlier termination of this Lease, such items shall automatically may, at the option of Landlord, be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as Landlord’s property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant’s expense. (d) Landlord, by notice given to Tenant at any time prior to or within 60 days after each applicable Expiration Date or any earlier termination of this Lease, may desire with respect require Tenant, notwithstanding Section 4.03(a), to remove all or any Specialty Installations. If Landlord shall give such notice, then Tenant, at Tenant’s expense, on or prior to the later of (x) the applicable Expiration Date and (y) the date that is 30 days after the giving of such notice by Landlord, shall either (i) remove the Specialty Installations from the applicable Premises and the Building, repair and restore the applicable Premises and the Building to the condition existing prior to installation thereof and repair any damage to the applicable Premises or to the Building due to such remaining items of Tenant’s Propertyremoval (such removal and repair work is collectively hereinafter referred to as the “Restoration Work”) or (ii) elect by written notice to Landlord for Landlord to perform the Restoration Work, in which event Tenant shall pay or reimburse Landlord for the costs thereof within 30 days after demand therefor. Notwithstanding the foregoing, Tenant, at the time Tenant submits to Landlord Tenant’s plans and specifications for any Alterations, may request in writing that Landlord specifically identify any Specialty Installations shown on Tenant’s plans and specifications which Tenant acknowledge and agree that upon termination or expiration must remove at the end of the applicable Term of (and restore the Lease, Tenant will be responsible for disassembling and removing the vault from the applicable Premises and restoring the affected area of the Premises thereof Building to its condition existing prior to the installation of such Specialty Installations). The term “Specialty Installations” shall mean installations consisting of vaults, safes, poured concrete or similar raised flooring, internal staircases, vertical and horizontal risers, dumbwaiters, vertical transportation systems, roof equipment, supplemental HVAC equipment, kitchen facilities (but not pantry facilities), private bathrooms, other installations which penetrate the vaultslabs of the Premises, Alterations which affect the Building’s curtain wall (provided that Restoration Work in connection with any such Alterations affecting the Building’s curtain wall shall be performed by Landlord at Tenant’s expense), installations in areas of the Building other than the Premises and any other installations which are not customary installations for tenants occupying premises comparable to the Premises for general, administrative and executive office use as permitted under this Lease. The provisions of this Section 4.03(d) shall survive the expiration or other termination of this Lease.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the TermPremises, whether or not placed there by or at the expense of Tenant, which cannot be removed without significant damage to Premises or the Building (collectively, "Fixtures"), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 4.03(b), and subject to Tenant's rights to alter or remove Fixtures in connection with any Alteration. Upon such removal Tenant shall immediately and at its expense, repair any damage to the Expiration Date unless Landlord requests their Premises which Tenant is required to repair in accordance with Section 4.05 (a) due to such removal. All movable non-structural partitionsFixtures shall be the property of Tenant during the Term and, business and trade upon expiration or earlier termination of this Lease, shall become the property of Landlord. (b) All fixtures, machinery and equipment, communications equipment improvements and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, appurtenances which do not constitute Fixtures and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant. 's Property is removed, Tenant shall repair any damage to the Premises which Tenant is required to repair in accordance with Section 4.05(a) resulting from the installation and/or removal thereof. (c) At or before the Expiration Date, or the date of within 15 days after any earlier termination of this Lease, Tenant, at its Tenant's expense, shall remove Tenant's Property from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord shall have expressly permitted to remain, which shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property which Tenant is required to repair in accordance with Section 4.05(a) resulting from any installation and/or removal thereofof Tenant's Property. If any Any items of Tenant’s 's Property which remain in the Premises after the Expiration Date, or after 15 days following an earlier termination date, may, after 10 days notice to Tenant (except that, in the case of an earlier termination of this Lease by reason of a default by Tenant, such notice shall not be required), at the option of Landlord, be deemed to have been abandoned, and may be retained by Landlord as Landlord's property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant's expense; provided that, if after the Expiration Date or any earlier termination date there shall remain in the Premises following any Tenant's Property that has not been abandoned or deemed abandoned by Tenant, and if Landlord shall then require vacant possession of the expiration Premises, Landlord shall have the right, at Tenant's reasonable expense, using due care, to move Tenant's Property into storage at a location in the Borough of Manhattan and, if Tenant shall fail to remove such Tenant's Property from such storage area within 10 days after demand by Landlord (such 10 days to be extended if Tenant shall be unable to so remove Tenant's Property by reason of events beyond Tenant's reasonable control (for example, a movers' strike; it being acknowledged by Tenant that Tenant's inability to move into new premises by reason of a holdover therein or because such premises is not then ready for occupancy shall not constitute an event beyond Tenant's reasonable control for purposes hereof) until 10 days after the date that Tenant is no longer so unable to remove Tenant's Property), such Tenant's Property shall be deemed to have been abandoned, and may be retained by Landlord as Landlord's property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant's expense. (d) Anything contained in this Section 4.03 to the contrary notwithstanding, Tenant, on or before the Expiration Date or within 15 days after any earlier termination of this Lease, such items shall automatically remove any equipment installed by Tenant on the roof (provided, that Tenant shall not be deemed abandoned and Landlord may take required to remove any action whatsoever as Landlord may desire conduits or cables installed in connection with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultAntenna) and any equipment installed by Tenant on any setback of the Building which equipment is not in good working order on the Expiration Date or such earlier date of termination of this Lease. Any such equipment which Tenant is required to remove and which is not so removed after Landlord shall have given Tenant reasonable access to the roof or setback, as the case may be, for such removal shall be deemed to have been abandoned and may be retained by Landlord as Landlord's property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine, at Tenant's reasonable expense. If the removal of any such equipment (whether by Tenant or, if pursuant to the preceding sentence, by Landlord) results in the impairment of the integrity of the roof or any setback, as applicable, then Tenant shall restore the integrity thereof.

Appears in 1 contract

Samples: Lease (Equitable Companies Inc)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances permanently attached to, to or built into, into the Premises (including without limitation those implemented as part of the Tenant’s Work), whether or not at the expense of Tenant (collectively, “FixturesImprovements and Betterments”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Premises and shall not be required to be removed by Tenant at the Expiration Date unless Landlord requests their removal. except as otherwise expressly set forth in this Lease. (a) All movable non-structural partitionspartitions other than office fronts, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant. At ’s Property is removed by Tenant, Tenant shall repair any damage to the Premises or to the Building from the removal thereof. (b) On or before the Expiration Date, or the date of any earlier termination of this Lease, Tenant, at its Tenant’s expense, shall remove from the Premises all of Tenant’s Property, any Alterations Property from the Premises (except such items thereof as constitute Landlord shall have expressly permitted to remain at Tenant’s request, which, if Tenant elects to leave behind, shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofby Tenant of Tenant’s Property. If any Any items of Tenant’s Property which remain in the Premises for at least thirty (30) days after the Expiration Date, may, at the Premises following the expiration or termination option of this LeaseLandlord, such items shall automatically be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire shall determine, at Tenant’s expense (except with respect to such remaining items of thereof as Landlord shall have expressly permitted to remain at Tenant’s Propertyrequest). The provisions of this Section 4.02(b) shall survive the Expiration Date. (c) Landlord, by notice given to Tenant at the time that Landlord approves or is deemed to approve an Alteration or set of Alterations shall give Tenant Landlord’s determination as to whether any such Alterations constitute “Specialty Alterations” (as that term is hereinafter defined), and may require Tenant together with such determination, notwithstanding Section 4.02, to remove all or any Specialty Alterations installed by or on behalf of Tenant on or before the end of the Term. If Landlord shall give such notice designating any of such Alterations Specialty Alterations, then to the extent Tenant shall proceed with such Alterations and does not dispute Landlord’s designation thereof as Specialty Alterations in accordance herewith, Tenant, at Tenant’s expense, on or prior to the Expiration Date, shall remove the Specialty Alterations from the Premises and shall repair any damage to the Premises or to the Building due to such removal (the “Surrender Restoration”). Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree provided that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition this Lease is not terminated prior to the installation Expiration Date on the basis of a Tenant Event of Default, Tenant may elect to have Landlord perform the Surrender Restoration or any portion thereof at Tenant’s expense with respect to the actual, reasonable, third-party costs of performing the Surrender Restoration or such relevant portion thereof provided that Tenant shall make such election in writing to Landlord at least nine (9) months prior to the Expiration Date. Within thirty (30) days after Landlord receives notice that Tenant is electing to have Landlord perform the Surrender Restoration or such relevant portion thereof at Tenant’s cost and expense in accordance herewith, Landlord shall notify Tenant of Landlord’s reasonable estimate (the “Estimate”) of the vault.costs of performing the Surrender Restoration or such relevant portion thereof, based upon the leveled bids of at least three (3) unrelated third-party contractors. Within thirty (30) Business Days after receipt of the Estimate, Tenant shall either (x) rescind its election to have Landlord perform the Surrender Restoration or any portion thereof, in which case Tenant shall be obligated to perform the Surrender Restoration or such relevant portion thereof on or before the Expiration Date, or (y) pay to Landlord the amount of

Appears in 1 contract

Samples: Lease (Peloton Interactive, Inc.)

Landlords and Tenants Property. 16.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) Building at the commencement of any Early Access, or during the Term, whether or not placed there by or Term at the expense of Tenant, shall become and remain a part Tenant (exclusive of the Premises; items to which Tenant's Fund has been applied) shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at the Expiration Date unless Landlord requests their removal. Tenant. 16.02 All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Building, which are installed in the Premises by, Building by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Premises Building (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03 At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expenseTenant shall surrender the Demised Premises broom clean, vacant and in good condition, reasonable wear and tear and damage by casualty, excepted. Tenant may remove any alterations and fixtures and shall remove from any alterations 31 35 or fixtures which are not usual or customary for general office use and which would materially impair the reletting of the Demised Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and for general office use. Tenant shall repair any structural damage to the Premises or the Property Building resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain at the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's Expense.

Appears in 1 contract

Samples: Lease Agreement (Paine Webber Group Inc)

Landlords and Tenants Property. All Except for Tenant's equipment and trade fixtures whether or not placed there by or at the expense of Tenant, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; Premises and shall be deemed the property of Landlord (the "Landlord’s 's Property"), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11). All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord's Property and shall not be removed by Tenant.] In no event shall Tenant remove any of the following materials or equipment without Landlord's prior written consent (which consent may be given or withheld in Landlord' s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or for the account of, Tenant other similar building operating equipment and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, 's personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any either or both such installation and/or removal thereofand removal. If any Any other items of Tenant’s Property 's personal propexxx xxat remain in the Premises after the Expiration Date, or following an earlier termination date, may,at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord's soleand a bsxxxxx xxscretion and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of without accountability, at Tenant’s Property's expense. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault00.

Appears in 1 contract

Samples: Industrial Building Lease (R & B Inc)

Landlords and Tenants Property. 12.01 All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Termterm of this Lease, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this Lease, be deemed the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant, except as provided in Section 12.02. Further, any carpeting or other personal property in the Premises on the Commencement Date, unless installed and paid for by Tenant, shall be and shall remain Landlord’s property and shall not be removed by Tenant. Notwithstanding the foregoing provisions, upon notice to Tenant at no later than thirty (30) days prior to the Expiration Date unless or upon reasonable notice with respect to such earlier date upon which the term of this Lease shall expire, Landlord requests their may require Tenant to remove all or part of the foregoing fixtures, equipment, improvements and appurtenances attached to or built into the Premises during the term of this Lease; provided, however, that (i) Tenant shall not be obligated to remove any such fixtures, equipment, improvements and appurtenances installed prior to the date of this Lease, and (ii) Tenant’s obligation to remove fixtures, equipment, improvements and appurtenances installed after the date of this Lease shall be limited to non-standard items such as kitchens, vaults, private restrooms, raised or reinforced flooring, internal stairs, or other items which are unusually difficult or expensive to remove. Tenant shall remove any such items required by Landlord pursuant to the preceding sentence from the Premises prior to the expiration of this Lease at Tenant’s expense. Upon such removal Tenant shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. If Landlord has instructed Tenant to remove any of the items listed above in this Section 12.01, then Tenant shall have the right, in lieu of removing such items and restoring the Premises, to pay to Landlord an amount equal to 105% of the cost of removing such items and restoring the Premises, as such amount is reasonably determined by Landlord. If Tenant elects to have Landlord perform such removal and restoration work, Tenant shall pay to Landlord such cost thereof prior to Landlord performing such work and within twenty (20) days after demand therefor. 12.02 All movable non-structural partitions, furniture systems, special cabinet work, business and trade fixtures, machinery and equipment, communications equipment (including, without limitation, telephone system, security system and wiring) and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Building resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant’s Property and shall be deemed the property of Landlord. 12.03 At or before the Expiration Date, Date of this Lease (or the date of within fifteen (15) days after any earlier termination of this Lease, ) Tenant, at its expense, shall remove from the Premises all of Tenant’s Propertyfurniture, any Alterations equipment and other moveable personal property not affixed or attached to the Premises (except for such items thereof as constitute Landlord shall have expressly permitted to remain, which property shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereof. If any of Tenant’s Property. 12.04 Any other items of Tenant’s Property which shall remain at in the Premises following after the expiration or termination Expiration Date of this Lease, or within fifteen (15) days following an earlier termination date, may at the option of Landlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Lease Agreement (Heidrick & Struggles International Inc)

Landlords and Tenants Property. All fixtures(a) Tenant hereby acknowledges and agrees that any and all fixtures or other improvements attached to or affixed to the Demised Premises, machinerywhether or not such fixtures or other improvements were (i) affixed or installed by either Landlord or Tenant, equipment(ii) paid for by either Landlord or Tenant and regardless of the payment method, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or performed during the Term, whether or not placed there by or at the expense (iii) part of Tenant’s Work, and (iv) part of any Alteration, shall become be and remain a part of the Premises; shall be deemed the property of Landlord unless: (the “Landlord’s Property”), and shall not i) Landlord notifies Tenant in writing that any such improvements must be removed by from the Demised Premises prior to the expiration or earlier termination of the Lease, in which event Tenant shall remove such improvements from the Demised Premises at the Expiration Date unless Landlord requests their removal. its sole cost and expense, or (ii) otherwise provided for in Section 11.01 (b) hereinbelow. (b) All movable non-structural partitionsremovable trade fixtures, furniture, business and trade fixtures, office machinery and equipment, communications equipment and office equipment that which are installed in the Demised Premises by, or for the account of, by Tenant and without expense to Landlord and that which can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises building (collectively, the “hereinafter collectively referred to as ‘Tenant’s Property”) shall be and shall remain the property of Tenant. At Tenant and may be removed by Tenant at any time during the Term, provided that (i) Tenant is not then in default hereunder, (ii) such removal, if done prior to the expiration or before the Expiration Date, or the date of any earlier termination of the Lease, is done in the ordinary course of Tenant’s business and is not done or accomplished in conjunction with an abandonment or vacation of the Demised Premises, and (iii) such property is not the subject of any Landlord’s lien as provided in Section 11.02 below. For the purposes hereof, in no event shall Tenant’s Property include, among other things, any carpeting, heating, ventilating, air conditioning, lighting or plumbing fixtures or equipment or any other fixtures, equipment, improvements or appurtenances which are deemed the property of Landlord pursuant to Section 11.01(a). (c) Provided that Tenant is not in default of any term or provision of this Lease, upon the expiration or earlier termination of the Term, Tenant, at its expense, shall remove from the Demised Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Demised Premises or the Property Project resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding In the foregoing, Landlord and Tenant acknowledge and agree event that upon termination or expiration of the Term of the Leaseany such damage is not repaired, Tenant will be responsible for disassembling shall pay to Landlord as an Additional Charge, upon demand, the cost of repairing any damage to the Demised Premises and removing to the vault Project resulting from the Premises and restoring the affected area installation or removal of the Premises thereof to its condition Tenant’s Property. Any Tenant’s Property not removed by Tenant at or prior to the installation expiration or earlier termination of this Lease shall be and become the vaultproperty of Landlord (without any obligation of Landlord to pay compensation for such property).

Appears in 1 contract

Samples: Lease Agreement (Bankrate, Inc.)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements improvements, ventilation and air-conditioning equipment and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant (excluding the Building Systems (which are and shall remain the property of Landlord but which are subject to modification, change and/or replacement by Tenant in accordance with the terms of this lease) and Tenant’s Property (which is and shall remain the property of Tenant)), shall become be and remain a part of the Premises; shall , shall, upon the expiration or sooner termination of this lease, be deemed the property of Landlord (the “Landlord’s Property”), without representation or warranty by Tenant) and shall not be removed by Tenant, except as provided in Section 12.02. (b) Notwithstanding anything to the contrary contained in this lease, Landlord and Tenant at agree and acknowledge that, until the Expiration expiration or sooner termination of this lease, Tenant, for federal, state and local income taxes purposes and for all other purposes shall be deemed the owner of all fixtures, equipment, improvements, ventilation and air conditioning equipment and appurtenances attached to or built into the Premises by Tenant or any Affiliate of Tenant as the owner of the Real Property prior to the Commencement Date unless Landlord requests their removal(other than the Building Systems) and Tenant may obtain the benefit of such ownership, if any, allowed or allowable with respect thereto hereunder, under applicable law and/or the Internal Revenue Code. 12.02. All movable non-structural partitions, furniture systems, special cabinet work, business and trade fixtures, machinery and equipment, communications equipment (including, without limitation, telephone systems and security systems) and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Premises resulting from the installation and/or removal thereof; and provided further that, notwithstanding the foregoing, Tenant shall not remove any items which are required to maintain the Premises as a fully operational office Building. 12.03. At Subject to the provisions of this Section 12.03, at or before the Expiration Date, Date of this lease (or the date of within sixty (60) days after any earlier termination of this Leaselease), Tenant, at its expense, shall remove from the Premises all of Tenant’s PropertySpecialty Alterations, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair any damage to the Premises or the Property resulting from any installation and/or removal thereofof same. If As used herein, “Specialty Alterations” shall mean (i) slab cuts exceeding six (6) inches in diameter, (ii) vertical transportation systems, such as dumbwaiters and pneumatic conveyers, (iii) vaults, (iv) louvers and any items other exterior penetrations, including, without limitation, rooftop penetrations, (v) any other Alteration affecting the exterior appearance of Tenant’s Property remain at the Premises or the Building, (vi) rooftop installations, but subject to the second proviso below, not any wiring, risers or conduits in connection therewith, (vii) any Alteration which is required to be removed or restored in order for the Certificate of Occupancy to be modified to permit the Building to be used in the manner permitted by the Certificate of Occupancy in effect as of the date hereof, (viii) cafeterias or any expansion of the footprint of any cafeteria existing as of the date hereof, excluding any seating area in connection therewith, and (ix) auditoria or any expansion of the footprint of any auditoria existing as of the date hereof; provided, however, that, the term “Specialty Alterations” shall not include any of the foregoing which are already in place as of the Commencement Date or any upgrade, modification or replacement thereof except to the extent such upgrade, modification or replacement does not exceed the footprint thereof (other than cafeteria seating areas) as of the Commencement Date (other than to a de minimis degree); it being understood and agreed that notwithstanding anything to the contrary contained in this lease, Tenant shall have no obligation to remove any fixtures, equipment, improvements, cabling or wiring, raised floors or any air-conditioning equipment or other appurtenances attached to or built into the Premises, whether before or following the expiration or termination of this LeaseCommencement Date; provided, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire that, with respect to any replacement of cable and wiring, at the time of such remaining items installation by Tenant, Tenant shall purge the obsolete cabling and wiring. Landlord shall advise Tenant together with Landlord’s approval of the plans and specifications in question whether or not Tenant shall be required to remove any portion of such Specialty Alteration (or if no Landlord consent is required with respect to the subject Alteration, within ten (10) Business Days following Tenant’s Property. Notwithstanding the foregoing, Landlord submission of plans and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof specifications therefor to its condition prior Landlord) pursuant to the installation provisions of this Section 12.03, and Landlord shall not have the vaultright to require Tenant to remove any Specialty Alterations not so designated by Landlord.

Appears in 1 contract

Samples: Lease (Citigroup Inc)

Landlords and Tenants Property. All 12.1 Landlord's Property. Subject to Section 12.2 below, all fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessthis Lease, including, but not limited to, the Tenant Funded Improvements and certain of the Tenant's Work Items, or during the Term, whether or not placed there by or at the expense of Tenant, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the "Landlord’s 's Property"), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests permits their removal. All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Rent Commencement Date, movable or otherwise, unless installed and paid for the account ofby Tenant, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Landlord and shall not be removed by Tenant. At In no event shall Tenant remove any of the following materials or before equipment without Landlord's prior written consent: any power wiring or power panels, lighting or lighting fixtures, the Expiration Dateprimary power source, wall or window coverings, attached carpets or other floor coverings, air conditioners or any other heating or air conditioning equipment (but excluding any special heating, ventilation or air conditioning systems not part of the HVAC systems serving the Premises generally that are used in Tenant's archive, library, and paper seasoning areas, or the date electronic pre-press control, or otherwise in its printing operations to the extent that Tenant paid for all of any the cost thereof), permanent fencing or security gates, or other similar building operating equipment and decorations. Notwithstanding anything contained herein to the contrary, upon the expiration or earlier termination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal and Tenant shall repair not be required to remove any damage to the Premises or the Property resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at the Premises following the expiration or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, items noted on Exhibit I hereto as "Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultnot remove."

Appears in 1 contract

Samples: Industrial Building Lease (Golden Books Family Entertainment Inc)

Landlords and Tenants Property. (a) All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the TermPremises, whether or not placed there by or at the expense of TenantTenant (collectively, "Fixtures"), shall become be and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), Premises and shall not be removed by Tenant except at Tenant's expense in connection with a renovation of the Premises for continued occupancy by Tenant. All Fixtures constituting Improvements and Betterments shall be the property of Tenant during the Term and, upon expiration or earlier termination of this Lease, shall become the property of Landlord. All Fixtures other than Improvements and Betterments shall, upon installation, be the property of Landlord "Improvements and Betterments" means (i) all Fixtures, if any, installed at the Expiration Date unless expense of Tenant, whether installed by Tenant or by Landlord requests their removal. (i.e., excluding any Fixtures paid for by Landlord directly or by way of an allowance) and (ii) all carpeting in the Premises. (b) All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided, that if any Tenant. 's Property is removed, Tenant shall repair any damage to the Premises or to the Building resulting from the installation and/or removal thereof. (c) At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenant, at its Tenant's expense, shall remove Tenant's Property from the Premises all of Tenant’s Property, any Alterations (except such items thereof as constitute Landlord shall have expressly permitted to remain, which shall become the property of Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal ), and Tenant shall repair any damage to the Premises or the Property Building resulting from any installation and/or removal thereofof Tenant's Property. If any Any items of Tenant’s 's Property which remain at in the Premises following after the expiration Expiration Date or any earlier termination of this Lease, such items shall automatically may, at the option of Landlord, be deemed abandoned to have been abandoned, and may be retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect shall determine, at Tenant's expense. (d) Landlord shall advise Tenant at the time it approves any Tenant's Alteration Plans whether Landlord will require Tenant, notwithstanding Section 5.03(a), to such remaining items remove all or any Fixtures, Improvements and Betterments, including without being limited to, kitchens, vaults, safes, raised flooring and interior stairwells; provided, however, that Tenant shall not be required to remove any improvements that are solely decorative work or constitute a standard office installation. If Landlord shall have so advised Tenant, then Tenant, at Tenant's expense, prior to the Expiration Date or, in the case of Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon an earlier termination or expiration of the Term of the this Lease, Tenant will be responsible for disassembling and removing within 30 days after the vault giving of such notice by Landlord, shall remove the same from the Premises and restoring the affected area of the shall repair and restore and Premises thereof to its a condition prior sufficient to receive the installation of the vaultnew improvements without any additional demolition or preparation by Landlord.

Appears in 1 contract

Samples: Lease (Credit Suisse First Boston Usa Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of the Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the exterior Common Areas, resulting from the installation and/or removal thereof. At Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. In the event at or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within thirty (30) days after the Expiration Date or an earlier termination date, at its expense, shall remove Tenant removes from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of the Landlord as requiring removal and if not removed), Tenant shall repair any damage to the Premises or Demised Premises, the Property Building and the Common Areas resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain in the Demised Premises after the Expiration Date or after a period, of thirty (30) days following the Expiration Date or an earlier termination date, may, at the Premises following option of the expiration or termination of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Lease Agreement (Access Integrated Technologies Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02, provided however that Landlord's consent shall not be required for the Expiration Date removal of the pre-existing pipe rack and conveyor system in connection with the initial installation of Tenant's Work. Further, any carpeting or other personal property in the Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord's property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “"Tenant’s 's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant's Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the Common Areas resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant's Property and shall be deemed the property of Landlord. 16.03. At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of the Tenant’s Property, any Alterations 's Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Premises or Demised Premises, the Property Building and the Common Areas resulting from any installation and/or removal thereofof the Tenant's Property. If any Any items of the Tenant’s 's Property which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case such items shall automatically may be deemed abandoned and retained by Landlord may take any action whatsoever as its property or disposed of by Landlord, without accountability, in such manner as Landlord may desire with respect to such remaining items of shall determine at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vault's expense.

Appears in 1 contract

Samples: Lease (Kasper a S L LTD)

Landlords and Tenants Property. All fixtures, machinery, equipment, improvements and appurtenances attached to, or built into, the Premises (collectively, “Fixtures”) at the commencement of any Early Accessof, or during the Term, whether or not placed there by or at the expense of Tenant, but excluding all machinery, equipment and such fixtures purchased by Tenant not pertaining to the operating systems of the Building and pertaining to Tenant’s business, shall become and remain a part of the Premises; shall be deemed the property of Landlord (the “Landlord’s Property”), without compensation or credit to Tenant; and shall not be removed by Tenant at the Expiration Date unless Landlord requests requires their removalremoval (including, but not limited to, Alterations pursuant to Section 11). All movable non-structural partitionsFurther, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed any personal property in the Premises byon the Commencement Date, movable or otherwise, unless installed and paid for by Tenant, shall also constitute Landlord’s Property and shall not be removed by Tenant. In no event shall Tenant remove any of the following materials or equipment without Landlord’s prior written consent (which consent may be given or withheld in Landlord’s sole discretion): any power wiring or power panels, lighting or lighting fixtures, wall or window coverings, carpets or other floor coverings, heaters, air conditioners or any other HVAC equipment, fencing or security gates, or for the account of, Tenant other similar building operating equipment and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the “Tenant’s Property”) shall be and shall remain the property of Tenantdecorations. At or before the Expiration Date, or the date of any earlier termination of this Leasetermination, Tenant, at its expense, shall remove from the Premises all of Tenant’s Property, personal property and any Alterations (except such items thereof as constitute Landlord’s Property unless that Landlord otherwise directs) and any Fixtures designated by Landlord as requiring removal requires be removed pursuant to Section 11, and Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from either or both such installation and removal. Without respect to the portion of Tenant’s Property that is described as collateral pursuant to any installation and/or removal thereofthird party financing for Tenant’s Property, Landlord agrees to waive any lien, statutory or otherwise, that Landlord may have with respect to such Tenant’s Property for the duration of such third party financing, provided, however, that such waiver shall not relieve Tenant of the obligation to remove Tenant’s Property from the Premises on a timely basis and provided further that Landlord’s waiver of lien shall not apply to any of Tenant’s Property that is not subject to or that is released from the lien created by the third party financing obtained by Tenant. If Landlord agrees to execute a Landlord’s waiver in a form reasonably acceptable to Landlord, provided that Tenant’s Property is specifically described thereon and does not include any of Landlord’s Property and subject to the other terms and conditions of this Lease. Any other items of Tenant’s Property personal property that remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the Premises following the expiration or termination option of this LeaseLandlord, be deemed to have been abandoned, and in such case, such items shall automatically may be deemed abandoned retained by Landlord as its property or be disposed of by Landlord, in Landlord’s sole and Landlord may take any action whatsoever as Landlord may desire with respect to such remaining items of absolute discretion and without accountability, at Tenant’s Property. Notwithstanding the foregoing, Landlord and Tenant acknowledge and agree that upon termination or expiration of the Term of the Lease, Tenant will be responsible for disassembling and removing the vault from the Premises and restoring the affected area of the Premises thereof to its condition prior to the installation of the vaultexpense.

Appears in 1 contract

Samples: Industrial Building Lease (Cybex International Inc)

Landlords and Tenants Property. 16.01. All fixtures, machinery, equipment, improvements and appurtenances attached to, to or built into, into the Demised Premises (collectively, “Fixtures”) at the commencement of any Early Access, or during the Term, whether or not placed there by or at the expense of Tenant, shall become be and remain a part of the Demised Premises; , shall be deemed to be the property of Landlord (the “Landlord’s Property”), and shall not be removed by Tenant at Tenant, except as provided in Section 16.02. Further, any carpeting or other personal property in the Expiration Date Demised Premises on the Commencement Date, unless Landlord requests their removalinstalled and paid for by Tenant, shall be and shall remain Landlord’s property and shall not be removed by Tenant. 16.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, Building and all furniture, furnishings furnishings, and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the “Tenant’s Property”) shall be and and” shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of the Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Demised Premises, the Building or the Common Areas resulting from the installation and/or removal thereof to its condition after the performance of the initial Tenant Work performed by Tenant. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered as the Tenant’s Property and shall be deemed the property of Landlord. 16.03. At or before the Expiration Date, Date or the date of any earlier termination of this Lease, Tenantor within fifteen (15) days after such an earlier termination date, at its expense, Tenant shall remove from the Demised Premises all of the Tenant’s Property, any Alterations Property (except such items thereof as constitute Landlord’s Property unless Landlord otherwise directs) and any Fixtures designated by shall have expressly permitted to remain, which property shall become the property of Landlord as requiring removal if not removed), and Tenant shall repair any damage to the Demised Premises, the Building and the Common Areas resulting from any installation and/or removal of the Tenant’s Property. Any items of the Tenant’s Property which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord as its property or disposed of by Landlord, without accountability, in such manner as Landlord shall determine at Tenant’s expense. 16.04. At or before the Expiration Date or the Property date of any earlier termination of this Lease, or within fifteen (15) days after such an earlier termination date, Tenant shall, at Tenant’s sole cost and expense, remove from the Demised Premises such rack system as may be installed in the Demised Premises and Tenant shall repair any damage to the Demised Premises, the Building and the Common Areas resulting from any installation and/or removal thereof. If any items of Tenant’s Property remain at Such removal, if any, shall be in accordance with the Premises following the expiration procedures (or termination of this Lease, such items shall automatically be deemed abandoned and Landlord may take any action whatsoever substantially equivalent method as Landlord may desire reasonably approve), unless Landlord shall advise Tenant to the contrary by written notice to Tenant: Core a hole centered over the anchor bolt with respect a core bit 1.5 times larger than the bolt to such remaining items of Tenant’s Propertybe removed, but in no event smaller than 1” in diameter. Notwithstanding Core hole shall be drilled to a depth equal to the foregoingbolt depth, Landlord and Tenant acknowledge and agree that upon termination or expiration of but not less than 2” deep. Remove the Term of cored concrete with the Lease, Tenant will be responsible for disassembling and removing the vault anchor bolt from the Premises hole. Clean all concrete slurry and restoring debris from area to be patched. Fill the affected area of the Premises thereof cored hole with a polymer-modified non-shrink mortar, specifically SikaTop 122 or Master Builders Cei1cote 648 CP, or equivalent, and finish to its condition prior to the installation of the vaultmatch surrounding concrete surface.

Appears in 1 contract

Samples: Lease Agreement (Vs Direct Inc.)

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