Not fixtures Sample Clauses
The "Not fixtures" clause defines that certain items or property, although present on the premises, are not considered permanent fixtures and therefore do not automatically transfer with the property. In practice, this clause typically lists specific items—such as appliances, furniture, or equipment—that the seller intends to remove upon sale or lease termination. Its core function is to prevent disputes by clearly distinguishing between items that remain with the property and those that the owner may take, ensuring both parties have a mutual understanding of what is included in the transaction.
Not fixtures. The Facilities will not become, or be deemed to be, fixtures or part of the Land. The Facilities will remain at all times in the legal and beneficial ownership of the Customer (or the lessor of those Facilities to the Customer as the case may be).
Not fixtures. Landlord acknowledges and agrees that the Generating Facility, and any other equipment, facilities or improvements erected or constructed on the Site or the Easements Lands, whether prior to or after the Effective Date, are hereby severed by agreement and intention of the parties, and shall remain severed from the Site and the Easement Lands, shall be considered with respect to the interests of the parties hereto as the property of the Tenant or other party designated by the Tenant, and even though attached to or affixed to or installed upon the Site or the Easement Lands, shall not be considered to be fixtures or a part of the Site and the Easement Lands and shall not be or become subject to the lien of any mortgage or deed of trust heretofore or hereafter placed on the Site or the Easement Lands by Landlord. Landlord waives any rights it may have, by operation of law or otherwise to any lien it may have, or any other interest, in and to any portion of the Generating Facility or to any personal property of Tenant. Landlord further agrees to notify any purchaser of the Site, and any subsequent mortgagee or other encumbrance holder, of the existence of the foregoing waiver of Landlord’s lien, which shall be binding upon the executors, administrators, successors and transferees of Landlord, and shall inure to the benefit of the successors and assigns of any Leasehold Mortgagee.