Lessee Property. Lessee assumes the risk of loss for all Lessee owned, leased or used personal property, equipment, improvements, stock, inventory located on or at the Leased Premises. Lessee will maintain property insurance consistent with common, prudent industry practice, with coverage written in the manner in which Lessee customarily insures comparable property risks. Lessee, on behalf of itself and its respective insurers, hereby waives rights of subrogation against Lessor.
Lessee Property. Lessee shall have the right and obligation to (I) deal with all Governmental Authorities, and (II) conduct all regulatory proceedings, governing or affecting the ownership, use or operation of the Lessee Property. At Lessee’s request, Lessor shall execute all such documents and take all such action as may be necessary to ensure and/or evidence Lessee’s rights under this Section 11.1 unless, in Lessor’s reasonable and good faith judgment, such documents or actions will directly result in payments required to be made by Lessor which Lessee is unwilling to pay on behalf of Lessor and, upon such determination by Lessor and prior to taking any such action, Lessor shall promptly notify Lessee in writing of such determination by Lessor, and Lessor and Lessee shall work diligently and in good faith to resolve their differences with respect to the requested action or document(s). Notwithstanding the foregoing, Lessor shall in any event be required to execute such documents and take all such actions as may be required for Lessee to pursue a Tax Challenge or a Permitted Lessee Contest.
Lessee Property. Lessee shall obtain and install all items of furniture, fixtures, supplies and equipment not included as Lessor Personal Property as shall be necessary or reasonably appropriate to operate the Facility in compliance with this Lease (“Lessee Personal Property”, which collectively with the “Lessee Intangible Property” shall be referred to herein as “Lessee Property”.) As used herein, “Lessee Intangible Property” means all the following at any time owned by Lessee in connection with its use of any portion of the Premises: Medicare, Medicaid and other accounts and proceeds thereof; rents, profits, income or revenue derived from such operation or use; all documents, chattel paper, instruments, contract rights (including contracts with residents, employees and third-party payors), deposit accounts, general intangibles and chooses in action; refunds of any Taxes or Other Charges for periods of time during the Term; and licenses and permits necessary or desirable for Lessee’s use of any portion of the Premises, including licensed Medicaid beds (if applicable). Except as may be allowed under common law, Lessor shall have no lien or security interest in or to the Lessee Intangible Property, and any such common law lien or security interest of Lessor shall be subordinate to the lien and security interest of any third party lender providing to Lessee a working capital line of credit, whether such working capital line of credit exists as of the Commencement Date or future working capital lines of credit, and no further instrument of subordination shall be required. Notwithstanding the foregoing, Lessor does hereby subordinate any and all lien rights which Lessor may now have or hereinafter acquire (whether provided under this Lease, applicable statutes, common law, or otherwise) in all furniture, fixtures, equipment, chattels, inventory, and other personal property of Lessee which may be located in the Premises (including, without limitation, all accounts receivable of Lessee), to all lien rights, and security interests which may be held by any seller, lessor, or lending institution which (i) provides financing to Lessee secured by any of such items, or (ii) provides such items or the funds to purchase or lease the same. This subordination provision is hereby declared by Lessor and Lessee to be self-operative and no further instrument shall be required to effect such subordination of Lessor's lien rights; provided, however, that Lessor shall promptly execute any and al...
Lessee Property. The term "Lessee Property" is defined as furniture, trade fixtures, equipment and other personal property installed, in, on or about the Premises by Lessee at Lessee expense, including metal storage units, signs, office machines, medical equipment, data processing equipment, security devices and chests, and other items of personal property which are not attached or built in.
Lessee Property. Lessee's trade fixtures, furniture, equipment and other personal property installed in the Premises ("Lessee's Property") shall at all times be and remain Lessee's property. Lessee may at any time remove Lessee's Property from the Premises, provided that Lessee repairs all damage caused by such removal. Lessor shall have no security interest or lien on any item of Lessee's Property other than those statutory liens that may arise by operation of law. Lessee's trade fixtures, furniture, equipment and other personal property installed in the Premises ("Lessee's Property") shall at all times be and remain Lessee's property. Lessee may at any time remove Lessee's Property from the Premises, provided that Lessee repairs all damage caused by such removal. Lessor shall have no lien on any item of Lessee's Property other than those statutory liens that may arise by operation of law. Lessor hereby covenants and agrees to comply with any reasonable request of Lessee for Lessor's execution of one or more consent, waiver and estoppell certificate in favor of a lendor to Lessee as such certificate may be required in connection with such financing provided that Lessee is not in default hereunder. Notwithstanding the foregoing, in no event shall Lessor have any lien on Lessee's software or intellectual property as a result of this Sublease and / or Lessor's capacity as a lessor.
Lessee Property. Lessee shall obtain and install all items of furniture, fixtures, supplies and equipment not included as Lessor Personal Property as shall be necessary or reasonably appropriate to operate the Facility in compliance with this Lease (“Lessee Personal Property”, which collectively with the “Lessee Intangible Property” shall be referred to herein as “Lessee Property”.) As used herein, “Lessee Intangible Property” means all the following at any time owned by Lessee in connection with its use of any portion of the Premises: Medicare, Medicaid and other accounts and proceeds thereof; rents, profits, income or revenue derived from such operation or use; all documents, chattel paper, instruments, contract rights (including contracts with residents, employees and third-party payors), deposit accounts, general intangibles and chooses in action; refunds of any Taxes or Other Charges for periods of time during the Term; and licenses and permits necessary or desirable for Lessee’s use of any portion of the Premises, including licensed Medicaid beds (if applicable). Except as may be allowed under common law, Lessor shall have no lien or security interest in or to the Lessee Intangible Property, and any such common law lien or security interest of Lessor shall be subordinate to the lien and security interest of any third party lender providing to Lessee a working capital line of credit, whether such working capital line of credit exists as of the Commencement Date or future working capital lines of credit, and no further instrument of subordination shall be required.
Lessee Property. All Antenna Facilities installed by Lessee at the Leased Premises shall remain the property of Lessee.
Lessee Property. The parties acknowledge and agree that certain personal property, equipment and rolling stock is owned by Lessee (“Lessee’s Property”) which is more particularly described on Exhibit “C”, attached hereto and made a part hereof, and that such Lessee’s Property shall not constitute Demised Premises for purposes of this Lease.
Lessee Property. Collectively, the Inventory, the Membership Agreements, the Contracts and the Operating Permits.
Lessee Property. The Lessee shall have the right to deliver to, station at, and remove from the Incineration Facilities personal property of the Lessee for use in connection with the performance of the Leasehold Obligations. The Lessee shall provide the Lessor with a copy of its initial inventory and periodic inventory updates of all Lessee-owned computer equipment and all other equipment having a value of $1,000 located at the Incineration Facilities. The parties acknowledge that the purpose of this provision is to provide for the smooth and orderly removal of Lessee-ow xxx personal property upon the expiration or term ination of th is Lease Agreem ent.
