Common use of OWNERSHIP AND INSPECTION Clause in Contracts

OWNERSHIP AND INSPECTION. (a) The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all right, title and interest (including all ownership interest) which Lessee may have in and to the Property. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s ownership, and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) Lessor, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. (d) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Property.

Appears in 2 contracts

Samples: Master Lease Agreement (Southwall Technologies Inc /De/), Master Lease Agreement (Southwall Technologies Inc /De/)

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OWNERSHIP AND INSPECTION. (a) The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all of Lessee’s right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyProperty free and clear of all liens, security interests and encumbrances. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s ownership, and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) Lessor, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. Lessee shall pay all inspection costs incurred by Lessor. (d) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Property.

Appears in 2 contracts

Samples: Master Lease Agreement, Master Lease Agreement (Penn Treaty American Corp)

OWNERSHIP AND INSPECTION. (a) The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no rightinterest in the Equipment other than the rights acquired as a lessee hereunder. The Equipment is and shall always remain separate identifiable personalty. Lessee shall not permit any item of Equipment to be installed in, title or interest therein except as used, stored or maintained with, any real property in such a manner or under such circumstances that any person might acquire any rights in such item of Equipment paramount to the use thereof subject rights of Lessor by reason of such item of Equipment being deemed to be real property or a fixture thereon. Lessee shall, promptly upon request of Lessor, obtain a written acknowledgement from the owner and/or mortgagee(s) of the real property at which such item of Equipment is located that such owner and/or mortgagee(s) will not at any time assert any interest in such item of Equipment or that such item of Equipment constitutes part of such real property. Lessee shall, at Lessor's request, affix to the terms and conditions of the Lease. For purposes of the foregoingEquipment in a prominent place or places, Lessee transfers to Lessor all right, title and interest (including all ownership interest) which Lessee may have in and to the Property. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property furnished by Lessor, indicating Lessor’s ownership, 's ownership and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) Lessee shall keep the Equipment free and clear of all liens and encumbrances except liens or encumbrances arising through the actions or omissions of Lessor. LESSEE SHALL KEEP NOT ASSIGN OR OTHERWISE ENCUMBER THIS LEASE OR ANY OF ITS RIGHTS HEREUNDER OR SUBLEASE THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF ALL LIENS AND ENCUMBRANCESLESSOR, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNSexcept that Lessee, upon prior written notice to Lessor, may assign this Lease or sublease the Equipment to its parent or any subsidiary corporation, or to a corporation which shall have acquired all or substantially all of the property of Lessee by merger, consolidation or purchase. No assignment or sublease shall relieve Lessee of any of its obligations hereunder and any permitted sublease or assignment shall be by its terms expressly subject and subordinate to the terms of this Lease Agreement and the rights of the Lessor hereunder. (c) Lessor, Lessor or its assigns and their agents shall have free access to the Property Equipment at all reasonable times during normal business hours for the purpose of inspecting the Property inspection and for any other purpose contemplated in the this Lease. (d) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Property.

Appears in 2 contracts

Samples: Lease Agreement (Greenfield Online Inc), Lease Agreement (Greenfield Online Inc)

OWNERSHIP AND INSPECTION. (a) The Property Equipment shall at all times be remain the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyLessor. Lessor may affix (or require request Lessee to affix) affix tags, decals or plates to the Property Equipment indicating Lessor’s 's ownership, and Lessee shall not permit their removal or concealment. (b) It is the intention and understanding of both Lessor and Lessee that the Equipment shall be and at all times remain separately identifiable personal property. Lessee shall not permit the name Equipment to be installed in, or used, stored or maintained with, any personal property in such manner or under such circumstances that such Equipment might be or become an accession to or confused with such other personal property; provided, however, that the use or maintenance in accordance with normal operating procedures of Lessee of the Equipment with any other computer equipment owned by or leased to Lessee shall not be a violation of the foregoing provisions of this sentence. Lessee shall not permit the Equipment to be installed in or used, stored, or maintained with, any real property in such a manner or under such circumstances that any person or entity other than might acquire any rights in such Equipment paramount to the rights of Lessor or its assigns by reason of such Equipment being deemed to be placed on the Property as real property or a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNSfixture thereon. (c) Lessee shall keep the Equipment free and clear of all liens and encumbrances. Lessee shall not assign this agreement or any of its rights hereunder or sublease the Equipment without the prior written consent of Lessor, except that Lessee may, at its assigns and their expense, upon prior written notice to Lessor, assign this Agreement or sublease the Equipment to any parent or subsidiary corporation, or to a corporation which shall have acquired all or substantially all of the property of Lessee by merger, consolidation or purchase. No permitted assignment or sublease shall relieve Lessee of any of its obligations hereunder. (d) Lessor or its agents shall have free access to the Property Equipment at all reasonable times during normal business hours for the purpose of inspecting the Property inspection and for any other purpose contemplated in the Leasethis Agreement. (de) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to arising out of the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the PropertyEquipment.

Appears in 2 contracts

Samples: Master Lease Agreement (Access Worldwide Communications Inc), Master Lease Agreement (Screaming Media Com Inc)

OWNERSHIP AND INSPECTION. (a) The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all of Lessee's right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyProperty free and clear of all liens, security interests and encumbrances. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s 's ownership, and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S 'S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) Lessor, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. (d) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Property.

Appears in 2 contracts

Samples: Lease Agreement (Amphastar Pharmaceuticals, Inc.), Master Lease Agreement (Covista Communications Inc)

OWNERSHIP AND INSPECTION. (a) The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no rightinterest in the Equipment pursuant to this Lease other than the rights acquired as lessee hereunder and the Equipment shall remain personalty regardless of the manner in which it may be installed or attached. Lessee shall, title or interest therein except as at Lessor's request, affix to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoingEquipment, Lessee transfers to Lessor all right, title and interest (including all ownership interest) which Lessee may have in and to the Property. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property furnished by Lessor, indicating Lessor’s ownership's ownership and the interest of Lessor's lender, The CIT Group/Equipment Financing, Inc. ("CIT") and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCESLessee shall keep the Equipment free and clear of all liens and encumbrances except liens or encumbrances arising through the actions or omissions of Lessor. Lessee shall not assign or otherwise encumber this Lease or any of its rights hereunder or sublease the Equipment without the prior written consent of Lessor, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNSexcept that Lessee may assign this Lease or sublease the Equipment to its parent or any subsidiary corporation without Lessor's consent. No permitted assignment or sublease shall relieve Lessee of any of its obligations hereunder, except as shall be mutually agreed upon by Lessor, Lessor's assigns and Lessee. (c) Lessor, Lessor or its assigns and their agents shall have free access to the Property Equipment and the books and records relating to the Equipment and maintenance of the Equipment at all reasonable times during normal business hours for the purpose of inspecting the Property inspection and for any other purpose contemplated in the this Lease.. 4 (d) Lessee shall immediately notify Lessor in writing of all details concerning any non-repairable damage to, or loss to of, the Property, including without limitation, Equipment arising out of any damage event or loss arising from occurrence whatsoever. (e) Notwithstanding the alleged or apparent improper manufacture, functioning or operation intent of the Propertyparties that the transaction contemplated by this Lease shall be deemed a true lease, in the event it should be determined that this Lease is a secured transaction governed by Article 9 of the Uniform Commercial Code, this Lease shall constitute a security agreement. In order to secure the payment and performance by Lessee of all obligations arising under this Lease, Lessee grants to Lessor a continuing security interest in the Equipment.

Appears in 1 contract

Samples: Lease Agreement (Anacomp Inc)

OWNERSHIP AND INSPECTION. (a) The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all of Lessee's right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyProperty free and clear of all liens, security interests and encumbrances. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s 's ownership, and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S 'S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) Lessor, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. (d) Lessee shall immediately notify Lessor in writing of all details concerning any material damage or loss to the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Property.

Appears in 1 contract

Samples: Master Lease Agreement (Star Scientific Inc)

OWNERSHIP AND INSPECTION. (a) The Property shall Equipment shall, at all times times, be the sole and exclusive property of Lessor or its assigns. Except as otherwise provided herein, and Lessee shall have no rightright or property interest therein, title except for the right to use the Equipment in the normal operation of its business at the Equipment Location. Lessee represents that the Lease is intended to be a “finance lease” and not a “lease intended as security” as those terms are used in the Uniform Commercial Code; and that the Lease is intended to be a “true lease” as the term is commonly used under the Internal Revenue Code of 1986 as amended. (b) Lessor shall be permitted to display notice of its ownership on the Equipment by means of a suitable stencil, label or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all right, title and interest (including all ownership interest) which Lessee may have in and to the Property. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s ownershipplaque affixed thereto, and Lessee shall not permit their removal or concealment. Lessee shall not permit keep the name of Equipment free from any person marking or entity other than Lessor or its assigns to be placed on the Property as a designation that labeling which might be interpreted as a claim of ownership by Lessee or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) any party other than Lessor, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. (d) . Lessee shall immediately notify Lessor in writing concerning the details of all details concerning any damage or loss to the PropertyEquipment, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the PropertyEquipment. (c) LESSEE SHALL KEEP THE EQUIPMENT AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (EXCEPT THOSE CREATED BY LESSOR), AND SHALL NOT ASSIGN THE LEASE OR ANY OF ITS RIGHTS UNDER THE LEASE OR SUBLEASE ANY OF THE EQUIPMENT OR GRANT ANY RIGHTS TO THE EQUIPMENT, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. No permitted assignment or sublease shall relieve Lessee of any of its obligations hereunder, and Lessee agrees to pay all costs and expenses Lessor may incur in connection with any permitted assignment or sublease. Subject to the terms of this Lease, this Lease and each Schedule inure to the benefit of, and are binding upon, the successors and assigns of Lessee, and, without limiting the foregoing, shall bind all persons who become bound as a “new debtor” (as defined in the Uniform Commercial Code) to this Lease and any Schedule. All representations, warranties, covenants and indemnities of Lessee made or agreed to in the Lease or in any certificates delivered in connection therewith shall survive the expiration, termination or cancellation of the Lease for any reason. (d) Upon reasonable notice to Lessee, Lessor or its agents or assigns shall have access to the Equipment at all reasonable times for the purpose of inspecting the Equipment and for any other purposes contemplated by the Lease, subject to the reasonable security requirements of Lessee.

Appears in 1 contract

Samples: Master Lease Agreement (Sento Corp)

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OWNERSHIP AND INSPECTION. (a) The Property shall at all times during the Lease be the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all of Lessee's right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyProperty free and clear of all liens, security interests and encumbrances. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s 's ownership, and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest.. Confidential 5 SAG-Numab Lease Agreement (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S 'S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) Lessor, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the LeaseProperty. (d) Lessee shall immediately notify Lessor in writing of all details concerning any material damage or loss to the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Property.

Appears in 1 contract

Samples: Master Lease Agreement (Sucampo Pharmaceuticals, Inc.)

OWNERSHIP AND INSPECTION. (a) The Property shall at all times be the property of Lessor or its assigns, and Lessee Greystone shall have no rightinterest in the Real Property other than the rights acquired as a Lessee hereunder. As owner, Real Estate will retain title or interest therein except as to the use thereof subject to the terms Real Property however Greystone will assume all governmental reporting responsibilities in connection therewith. The Real Property is and conditions of the Leaseshall always remain separate identifiable real property. For purposes of the foregoing, Lessee transfers to Lessor all right, title and interest (including all ownership interest) which Lessee may have in and to the Property. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s ownership, and Lessee shall not permit their removal or concealment. Lessee Greystone shall not permit the name of Real Property to be used or maintained in such a manner or under such circumstances that any person or entity other than Lessor or its assigns might acquire any right in such Real Property paramount to be placed on the Property as a designation that might be interpreted as a claim rights of ownership or security interest.Real Estate (b) LESSEE GREYSTONE SHALL KEEP THE REAL PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCESENCUMBRANCES EXCEPT LIENS OR ENCUMBRANCES ARISING THROUGH THE ACTIONS OR OMISSIONS OF REAL ESTATE. (GREYSTONE SHALL NOT ASSIGN OR OTHERWISE ENCUMBER THIS LEASE OR ANY OF ITS RIGHTS HEREUNDER OR SUBLEASE THE REAL PROPERTY WITHOUT THE PRIOR WRITTEN CONSENT OF REAL ESTATE, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNSSUCH CONSENT NOT TO BE UNREASONABLY WITHHELD), except that Greystone, upon prior notice to Real Estate, may assign this Lease or sublease the Real Property to its parent or any subsidiary corporation. No assignment or sublease shall relieve Greystone of any of its obligations hereunder. (c) LessorWith prior written notice to Greystone, Real Estate and/or its assigns and their agents shall have free access to the Real Property at all reasonable times during normal business hours for the purpose of inspecting the Property inspection and for any other purpose contemplated in the this Lease. (d) Lessee Greystone shall immediately notify Lessor in writing Real Estate of all details concerning any damage to, or loss to of, the PropertyReal Property arising out of any event or occurrence whatsoever, including without limitationbut not limited to, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Real Property.

Appears in 1 contract

Samples: Real Property Sale and Lease Agreement (Greystone Logistics, Inc.)

OWNERSHIP AND INSPECTION. (a) a. The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all of Lessee’s right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyProperty free and clear of all liens, security interests and encumbrances. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s ownership, and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) x. Xxxxxx, its assigns and their agents shall have free access to the Property upon reasonable notice at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. Lessee shall pay any and all actual out of pocket or third party costs incurred by Lessor in connection with any inspection performed by Lessor and/or its assigns. c. LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) Lessor, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. (d) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the Property.

Appears in 1 contract

Samples: Master Lease Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)

OWNERSHIP AND INSPECTION. (a) The Property Equipment shall at all times be remain the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyLessor. Lessor may affix (or require request Lessee to affix) affix tags, decals or plates to the Property Equipment indicating Lessor’s 's ownership, and Lessee shall not permit their removal or concealment. (b) It is the intention and understanding of both Lessor and Lessee that the Equipment shall be and at all times remain separately identifiable personal property. Lessee shall not permit the name Equipment to be installed in, or used, stored or maintained with, any personal property in such manner or under such circumstances that such Equipment might be or become an accession to or confused with such other personal property; provided, however, that the use or maintenance in accordance with normal operating procedures of Lessee of the Equipment with any other computer equipment owned by or leased to Lessee shall not be a violation of the foregoing provisions of this sentence. Lessee shall not permit the Equipment to be installed in or used, stored, or maintained with, any real property in such a manner or under such circumstances that any person or entity other than might acquire any rights in such Equipment paramount to the rights of Lessor or its assigns by reason of such Equipment being deemed to be placed on the Property as real property or a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNSfixture thereon. (c) Lessee shall keep the Equipment free and clear of all liens and encumbrances. Lessee shall not assign this Agreement or any of its rights hereunder or sublease the Equipment without the prior written consent of Lessor, except that Lessee may, at its assigns and their expense, upon prior written notice to Lessor, assign this Agreement or sublease the Equipment to any parent or subsidiary corporation, or to a corporation which shall have acquired all or substantially all of the property of Lessee by merger, consolidation or purchase. No permitted assignment or sublease shall relieve Lessee of any of its obligations hereunder. (d) Lessor or its agents shall have free access to the Property Equipment at all reasonable times during normal business hours for the purpose of inspecting the Property inspection and for any other purpose contemplated in the Leasethis Agreement. (de) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to arising out of the Property, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the PropertyEquipment.

Appears in 1 contract

Samples: Lease Agreement (Vialog Corp)

OWNERSHIP AND INSPECTION. (a) a. The Property shall at all times be the property of Lessor or its assigns, and Lessee shall have no right, title or interest therein except as to the use thereof subject to the terms and conditions of the Lease. For purposes of the foregoing, Lessee transfers to Lessor all of Lessee’s right, title and interest (including all ownership interest) which Lessee may have in and to the PropertyProperty free and clear of all liens, security interests and encumbrances. Lessor may affix (or require Lessee to affix) tags, decals or plates to the Property indicating Lessor’s ownership, and Lessee shall not permit their removal or concealment. Lessee shall not permit the name of any person or entity other than Lessor or its assigns to be placed on the Property as a designation that might be interpreted as a claim of ownership or security interest. (b) LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS. (c) Lessorx. Xxxxxx, its assigns and their agents shall have free access to the Property at all reasonable times during normal business hours for the purpose of inspecting the Property and for any other purpose contemplated in the Lease. Lessee shall pay any and all costs incurred by Lessor in connection with any inspection performed by Lessor and/or its assigns. (d) Lessee shall immediately notify Lessor in writing of all details concerning any damage or loss to the Propertyc. LESSEE SHALL KEEP THE PROPERTY AND LESSEE’S INTEREST UNDER ANY LEASE FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, including without limitation, any damage or loss arising from the alleged or apparent improper manufacture, functioning or operation of the PropertyEXCEPT THOSE PERMITTED IN WRITING BY LESSOR OR ITS ASSIGNS.

Appears in 1 contract

Samples: Master Lease Agreement (Birks Group Inc.)

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