Common use of Maintenance of Personal Property Clause in Contracts

Maintenance of Personal Property. Tenant shall, at its sole cost and expense, during the Term, keep and maintain all the personal property including furniture, fixtures and equipment, in good working order, condition and repair, including, without limitation, all repairs, alterations, replacements and additions to the Premises required by law and/or as necessary to obtain and maintain licensing for the operation of the Premises as an RCFE and all Standard Furnishings located on the Premises at the commencement of the Term (as more particularly described on Exhibit AB@ and shown on the video referenced in Paragraph 11 above). Tenant shall have the right to install on the Premises any and all additional equipment and fixtures that Tenant desires to install thereon and which are necessary or convenient to Tenant's use of the Premises as permitted herein, without Landlord=s consent, provided that Tenant shall provide Landlord with a detailed description of all of such additional equipment (as well as any subsequent replacements thereto) so that such additional equipment may be distinguished from the Standard Furnishings to be surrendered by Tenant to Landlord upon the expiration or sooner termination of this Lease. All such additional property so installed by Tenant shall remain Tenant's property and, provided Tenant is not in default hereunder, may be removed by Tenant from the Premises. Tenant shall not remove any of the Standard Furnishings installed by Landlord and/or any replacements or substitutions therefor, or any part thereof, from the Premises, without the prior written consent of Landlord. As a part of Tenant=s maintenance obligations hereunder, Tenant shall purchase and replace, with substitutes of equal or higher quality, any worn out or broken items of Standard Furnishings throughout the Term at Tenant's sole cost and expense. Such items being replaced by Tenant, to the extent that they are in substitution for items originally provided by Landlord, shall immediately become the property of Landlord. Tenant agrees to periodically provide Landlord with a detailed list of all such replacements or substitutions, and upon written request from Landlord, to execute any and all documents necessary to fully evidence Landlord's ownership of all such personal property.

Appears in 3 contracts

Samples: And Restated Lease Agreement (Emeritus Corp\wa\), And Restated Lease Agreement (Emeritus Corp\wa\), And Restated Lease Agreement (Emeritus Corp\wa\)

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Maintenance of Personal Property. TENANT'S EQUIPMENT. Tenant shall, at its sole cost and expense, during shall keep all of the Term, keep and maintain all the personal property including furniture, fixtures and equipment, Personal Property in good working order, order and condition and repair, including, without limitation, all repairs, alterations, replacements and additions to the Premises required by law and/or as necessary to obtain and maintain licensing for the operation of the Premises as an RCFE and all Standard Furnishings located on the Premises at the commencement of the Term (as more particularly described on Exhibit AB@ and shown on the video referenced in Paragraph 11 above). Tenant shall have the right to install on the Premises any and all additional equipment and fixtures that Tenant desires to install thereon and which are necessary or convenient to Tenant's use of the Premises as permitted herein, without Landlord=s consent, provided that Tenant shall provide Landlord with a detailed description of all of such additional equipment (as well as any subsequent replacements thereto) so that such additional equipment may be distinguished from the Standard Furnishings to be surrendered by Tenant to Landlord upon the expiration or sooner termination of this Lease. All such additional property so installed by Tenant shall remain Tenant's property and, provided Tenant is not in default hereunder, may be removed by Tenant from the Premises. Tenant shall not remove any of the Standard Furnishings installed by Landlord and/or any replacements or substitutions therefor, or any part thereof, from the Premises, without the prior written consent of Landlord. As a part of Tenant=s maintenance obligations hereunder, Tenant shall purchase and replace, with substitutes of equal or higher quality, any worn out or broken items of Standard Furnishings throughout the Term at Tenant's sole cost and expenseexpense and at the expiration or termination of the Lease Term (as defined below) shall return and deliver all of such property to Landlord in as good order and condition as when received hereunder, reasonable wear and tear excepted. Such If necessary for the proper operation of the Facility, Tenant shall during the Lease Term replace part or all of the items being replaced by of Personal Property which have been damaged or destroyed or become worn out or obsolete, and such replacement shall be at the sole cost of Tenant, to the extent that they are in substitution for items originally provided by Landlord, but any such replaced equipment shall immediately become be and remain the property of Landlord. Tenant agrees may place additional property on the Premises (not required for replacement of property covered in this Lease), including furniture, fixtures, equipment and computer hardware and software and the same shall be and remain the property of Tenant ("Tenant's Equipment"). Notwithstanding anything herein contained to periodically provide Landlord with a detailed list the contrary, all fixtures, including trade fixtures, attached to the Premises and which Tenant does not elect to remove at the expiration or earlier termination of all such replacements or substitutions, and upon written request from Landlord, to execute any and all documents necessary to fully evidence the Lease Term shall become Landlord's ownership property at the end of all the Lease Term and shall be surrendered to Landlord in good condition, reasonable wear and tear excepted; provided, however, that in connection with any such personal propertyremoval, Tenant shall be required to repair any damage to the Premises caused by such removal; and provided, further, that this provision shall not apply in the event of the termination of the Lease due to the Tenant's purchase of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Maintenance of Personal Property. Tenant shall, at its sole cost and expense, during the Term, keep and maintain all the personal property including furniture, fixtures and equipment, in good working order, condition and repair, including, without limitation, all repairs, alterations, replacements and additions to the Premises required by law and/or as necessary to obtain and maintain licensing for the operation of the Premises as an RCFE and all Standard Furnishings located on the Premises at the commencement of the Term (as more particularly described on Exhibit AB@ "B" and shown on the video referenced in Paragraph 11 10 above). Tenant shall have the right to install on the Premises any and all additional equipment and fixtures that Tenant desires to install thereon and which are necessary or convenient to Tenant's use of the Premises as permitted herein, without Landlord=s 's consent, provided that Tenant shall provide Landlord with a detailed description of all of such additional equipment (as well as any subsequent replacements thereto) so that such additional equipment may be distinguished from the Standard Furnishings to be surrendered by Tenant to Landlord upon the expiration or sooner termination of this Lease. All such additional property so installed by Tenant shall remain Tenant's property and, provided Tenant is not in default hereunder, may be removed by Tenant from the Premises. Tenant shall not remove any of the Standard Furnishings installed by Landlord and/or any replacements or substitutions therefor, or any part thereof, from the Premises, without the prior written consent of Landlord. As a part of Tenant=s 's maintenance obligations hereunder, Tenant shall purchase and replace, with substitutes of equal or higher quality, any worn out or broken items of Standard Furnishings throughout the Term at Tenant's sole cost and expense. Such items being replaced by Tenant, to the extent that they are in substitution for items originally provided by Landlord, shall immediately become the property of Landlord. Tenant agrees to periodically provide Landlord with a detailed list of all such replacements or substitutions, and upon written request from Landlord, to execute any and all documents necessary to fully evidence Landlord's ownership of all such personal property.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

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Maintenance of Personal Property. Except as provided for elsewhere herein, Tenant shall, at its sole cost and expense, during the Term, shall keep and maintain all the personal property including furniture, fixtures and equipment, in good working order, condition and repair, including, without limitation, repair (including any such replacement and restoration as is required for that purpose) Tenant's personal property and all repairs, alterations, replacements and additions to the Premises required by law and/or as necessary to obtain and maintain licensing for the operation portions of the Premises as an RCFE (other than Landlord's Work) and every part thereof and any and all Standard Furnishings located on the Premises at the commencement of the Term (as more particularly described on Exhibit AB@ and shown on the video referenced in Paragraph 11 above)appurtenances thereto wherever located. Tenant shall have be solely responsible to equip and to keep and maintain the right Food Court dining area, including without limitation the floors, tables, chairs, and counters in the dining area, in a clean and sanitary condition at all times. Tenant shall also keep and maintain in good order, condition and repair (including any such replacement and restoration as is required for that purpose) any special equipment, fixtures or facilities (other than Landlord's Work) which special facilities shall include but not be limited to install on grease traps, located outside the Premises Premises. Landlord shall regularly scrub the floor in the Food Court dining area. Tenant shall store all trash and garbage in metal or other Health Department approved containers so as not to be visible or create a nuisance to guests, customers and business invitees in the Hotel, and so as not to create or permit any health or fire hazard, and all additional equipment arrange for the prompt and fixtures regular removal thereof to garbage disposal locations designated by Landlord. Landlord shall keep and maintain in good order, condition, and repair (including, except as otherwise provided in this Lease, any such replacement and restoration as is required for that Tenant desires to install thereon and which are necessary or convenient to Tenant's use purpose) those portions of the Premises as permitted hereinconstituting Landlord's Work, without Landlord=s consent, provided that Tenant shall provide Landlord with a detailed description of all of such additional equipment (as well as any subsequent replacements thereto) so that the common areas of the Hotel in the vicinity of the Premises and cause all such additional equipment may be distinguished from the Standard Furnishings areas to be surrendered by Tenant to Landlord upon in compliance with all governmental rules, regulations, ordinances, statutes and laws, and the expiration or sooner termination of this Lease. All such additional property so installed by Tenant shall remain Tenant's property and, provided Tenant is not in default hereunder, may be removed by Tenant from the Premises. Tenant shall not remove any orders and regulations of the Standard Furnishings installed by Landlord and/or any replacements or substitutions thereforNational Board of Fire Underwriters, the Insurance Service Office, or any part thereofother body now or hereafter exercising similar functions, from the Premises, without the prior written consent of Landlord. As a part of Tenant=s maintenance obligations hereunder, Tenant shall purchase and replace, with substitutes of equal now or higher quality, any worn out or broken items of Standard Furnishings throughout the Term at Tenant's sole cost and expense. Such items being replaced by Tenant, to the extent that they are hereafter in substitution for items originally provided by Landlord, shall immediately become the property of Landlord. Tenant agrees to periodically provide Landlord with a detailed list of all such replacements or substitutions, and upon written request from Landlord, to execute any and all documents necessary to fully evidence Landlord's ownership of all such personal propertyeffect.

Appears in 1 contract

Samples: Lease Agreement (Ark Restaurants Corp)

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