Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 5 contracts
Samples: Sublease (Gigamon Inc.), Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Allion Healthcare Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixturesfixtures or any of the Contributed Assets ("Real Property Improvements") shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Property owned by Landlord. Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLandlord in any Real Property Improvements made or added to the Leased Premises by Tenant, except that Tenant may grant a security interest in Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures or any of the Contributed Assets, provided that in no event shall Tenant be entitled to cause a lien, mortgage or other encumbrance to be placed on the Property. Any such modifications, alterations or improvementsReal Property Improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, Real Property Improvements shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements Real Property Improvements in accordance with the provisions of Article 22 and Paragraph 4.10, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements Real Property Improvements so surrendered to Landlord. All modifications, alterations or improvements Real Property Improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense after the Lease Commencement Date shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 4 contracts
Samples: Lease Agreement (Jazz Semiconductor Inc), Lease Agreement (Jazz Semiconductor Inc), Lease Agreement (Jazz Semiconductor Inc)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph Article 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 3 contracts
Samples: Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Virage Logic Corp)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (collectively, “Alterations”) during the Lease Term, other than Tenant’s inventoryFF&E, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvementsAlterations (except for Tenant’s FF&E), once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of if required by Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements Alterations (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, FF&E) shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2Paragraph 2.6, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements Alterations in accordance with the provisions of Article 2Paragraph 2.6, in which case Tenant shall so remove samesuch Alterations. Landlord shall have no obligations obligation to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements Alterations so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating ventilation and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.’s FF&E.
Appears in 3 contracts
Samples: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)
Ownership of Improvements. All modificationsimprovements and fixtures existing on the Premises and the Building including (without limiting the generality of the foregoing) all wallcoverings, alterations carpeting, flooring, built-in cabinet work, paneling and the like, all electrical, mechanical, and plumbing equipment and related ducts, shafts, and conduits, all exterior venting fume hoods, walk-in freezers and refrigerators, clean-rooms, climatized rooms, electrical panels and power back-up distribution systems, other than those items of personal property that are leased by Tenant, shall be the property of Landlord and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Lease Term. In the event that Tenant desires to make any alterations, additions or improvements made governed by this Paragraph 9.1 upon the Premises during the Lease Term, Tenant shall submit to Landlord proposed final plans therefor, together with a request (the “Identification Notice”) that Landlord identify to Tenant in writing which of the proposed alterations, additions or added improvements Landlord elects to remain property of Tenant to be removed by Tenant at the end of the Lease Term (each a “Tenant-Owned Alteration”). If Landlord fails to respond in writing to the Leased Premises by Tenant Identification Notice (other than or fails to designate in writing a proposed alteration, addition or improvement as a Tenant-Owned Alteration) within fifteen (15) days after Landlord’s inventoryreceipt of the Identification Notice, equipment, movable furniture, wall decorations and trade fixtures) then Landlord shall be deemed real to have elected to have any proposed alteration, addition or improvement not expressly designated as a Tenant-Owned Alteration within such fifteen (15) day period become property of Landlord (each a “Landlord-Owned Alteration”). If Tenant thereafter elects to make such proposed alterations, additions or improvements, then (a) all Landlord-Owned Alterations shall become property of Landlord and shall remain upon, and be surrendered with, the Premises, as a part thereof, at the end of the Leased PremisesLease Term, but and (b) all Tenant-Owned Alterations shall remain the property of Tenant and shall be removed by Tenant at or prior to the end of the Lease Term. Tenant shall repair all damage resulting from its removal of Tenant-Owned Alterations, and restore the affected area to the condition existing prior to installation of Tenant-Owned Alterations. Nothing in the foregoing shall be construed to imply that Tenant’s Equipment (as defined in Paragraph 13.2 below) or other property of Tenant may become the property of Landlord. All articles of personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease, and Tenant hereby covenants and agrees provided that removal of the same shall not to grant a security interest in any such items to any party other than Landlordmaterially affect or damage the Building’s electrical, mechanical, or plumbing systems. Any such modifications, alterations or items of Tenant’s improvements, once completedwhich are paid for by Landlord, shall belong to Landlord and shall not be altered or removed regarded as owned by Tenant. If Tenant shall fail to remove all of its effects from the Leased Premises during upon termination of this Lease for any cause whatsoever, Landlord, at its option, upon written notification to Tenant, may remove the Lease Term same in any manner that Landlord shall choose and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and reasonable attorneys’ fees and storage charges on such effects, for any length of time that the same shall be in Landlord’s written approval first obtained in accordance with possession. If Tenant shall fail to remove all of its effects from the provisions of Paragraph 6.1 above. At the expiration or sooner Premises upon termination of this Lease, all Landlord, at its option, without notice, may sell said effects, or any of the same, at private sale and without legal process, for such modifications, alterations price as Landlord may obtain and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become apply the property proceeds of such sale upon the amounts due under this Lease from Tenant to Landlord and shall be surrendered to Landlord as part of upon the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached expense incident to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property removal and a part sale of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantsaid effects.
Appears in 2 contracts
Samples: Single Tenant Absolute Net Lease (Guilford Pharmaceuticals Inc), Single Tenant Absolute Net Lease (Guilford Pharmaceuticals Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above(which includes any extension(s) thereof pursuant to Article 15 below, if applicable). At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements which constitute Non-Standard Office Improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord; provided, however, that the Tenant Improvements (as defined in Paragraph 2 of the Work Letter) shall become Landlord’s property only upon the expiration or earlier termination of the Lease Term. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Aruba Networks, Inc.), Lease Agreement (Aruba Networks, Inc.)
Ownership of Improvements. All modificationsinstallations, alterations additions, partitions, hardware, fixtures and improvements, temporary or permanent (including Landlord’s Work, Landlord’s Additional Work and Tenant Alterations), except movable furniture and equipment and other personal property or trade fixtures belonging to Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, shall, upon the termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall remain upon the Premises, all without compensation, allowance or credit to Tenant; provided, however, that if at the time Landlord consents to Tenant’s installation of Tenant Alterations, or prior to the commencement of Landlord’s Work, Landlord’s Additional Work or other installations, additions, partitions, hardware, fixtures and improvements made or added at any other time prior to the Leased Premises by Tenant (other than termination of this Lease or Tenant’s inventoryright to possession, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part Landlord notifies Tenant in writing that Landlord requires removal of the Leased Premisessame upon termination, but then Tenant, at Tenant’s sole cost and expense, upon termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, shall remain the property of Tenant during the Leasepromptly remove such designated items, and Tenant hereby covenants shall thereafter repair any damage to the Premises or the Project caused by such removal, failing which Landlord may remove the same and agrees not repair the Premises or the Project, as the case may be, and Tenant shall pay the cost thereof to grant a security interest in Landlord on written demand. Without limitation of the foregoing, if any such items to any party other than of the Tenant Alterations, Landlord. Any such modifications’s Additional Work or Landlord’s Work involved the lowering of ceilings, alterations or improvementsraising of floors then Tenant, once completedat Landlord’s request, shall not also be altered obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant’s failure to perform the work described in the preceding sentence on or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At before the expiration or sooner earlier termination of this Lease, all such modifications, alterations and improvements other than Lease or Tenant’s inventoryright of possession hereunder, equipmentshall, movable furniturewithout limitation on other rights or remedies available to Landlord, wall decorations and trade fixtures, shall automatically become give rise to the property right of Landlord to perform such work, and Tenant shall be surrendered pay the costs thereof to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantwritten demand.
Appears in 2 contracts
Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordTerm. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph Section 6.1 above. At the expiration or sooner termination of this the Lease, all such modifications, alterations and improvements (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property property, and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant. Notwithstanding the foregoing, (i) Tenant shall have the right to remove at any time and from time to time any alterations to the Premises made or added by Tenant, except for alterations which cannot be removed without structural injury to the Premises, provided that Tenant repairs all damage caused by such removal, (ii) Landlord shall not right to require Tenant to remove any alterations or improvements unless Landlord notifies Tenant at the time Landlord consents to such alterations that Landlord shall require such alterations to be removed (provided, however,that as to any such non-structural alterations that do not require Landlord's approval pursuant to Section 6.1 above and for which Tenant did not submit an Alteration Notice, Landlord reserves the right to require Tenant to remove such alterations prior to the expiration or earlier termination of this Lease by giving written notice of such required removal to Tenant at least thirty (30) days prior to the expiration or earlier termination of this Lease), and (iii) Tenant shall not in any event be required to remove any of the Landlord's Work.
Appears in 2 contracts
Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than including without limitation cubicles paid for out of the Tenant Improvement Allowance, but excluding Tenant’s Casework (as defined in Paragraph 2.6 above), Tenant’s inventory, equipment, movable furniturefurniture other than cubicles paid for out of the Tenant Improvement Allowance, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant or any prior tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items which are or may become the property of Landlord, to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Switch & Data, Inc.), Lease (Switch & Data, Inc.)
Ownership of Improvements. All modificationsExcept as provided in Section 10.9, alterations all Tenant Improvement Work, Alterations, and improvements made or added to the Leased Premises by Tenant (any other than Tenant’s inventoryappurtenances, fixtures, improvements, equipment, movable furnitureadditions and property permanently attached to or installed in the Premises at the commencement of or during the Term, wall decorations and trade fixtures) shall be deemed real property and a part at the end of the Leased PremisesTerm become Landlord’s property without compensation to Tenant, but or be removed in accordance with this Section. Landlord shall remain notify Tenant in writing at the property time of Landlord’s approval of the Tenant during Improvement Work or any Alterations, as applicable, whether or not the Leaseproposed Tenant Improvement Work or Alterations will be required to be removed by Tenant at the end of the Term, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any such Tenant Improvement Work or Alterations unless so notified by Landlord. With respect to any Tenant Improvement Work or Alterations that Landlord has reserved the right to require be removed at the end of such modificationsthe Term, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so request in writing no earlier than six (6) months prior to the Termination Date that Landlord notify Tenant in writing whether or not Tenant will be required to remove same. Landlord shall have no obligations to reimburse such Tenant for all Improvement Work or any portion Tenant Alterations installed by Tenant at the end of the cost or value of any such modificationsTerm. If Landlord fails to respond to Tenant’s request, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property no Tenant Improvement Work and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings Alterations installed by Tenant shall be deemed improvements required to be removed by Tenant prior to the Leased Premises end of the Term. Any Alterations made by Tenant that required Landlord’s consent under this Lease that Tenant makes without requesting and not trade fixtures receiving Landlord’s consent shall be removed at the end of the Term without any requirement that Landlord give Tenant notice of such removal. Tenant shall repair or pay the cost of repairing any damage to the Property caused by the removal of Tenant Improvement Work or Alterations. If Tenant fails to perform its repair or removal obligations, without limiting any other right or remedy, Landlord may on five (5) Business Days prior written notice to Tenant perform such obligations at Tenant’s expense without liability to Tenant for any loss or damage, and Tenant shall reimburse Landlord within thirty (30) days after demand for all out-of-pocket costs and expenses incurred by Landlord in connection with such repair or removal. Tenant’s obligations under this Section shall survive the termination of this Lease.
Appears in 2 contracts
Samples: Commercial Lease (Jazz Pharmaceuticals PLC), Commercial Lease (Jazz Pharmaceuticals PLC)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and decorations, personal property, trade fixturesfixtures (“Tenant’s Property”)) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained obtained, to the extent required in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, Property shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2Paragraph 6.1, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Palo Alto Networks Inc)
Ownership of Improvements. All modifications, alterations alternations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of the Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions Provision of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Industrial Space Lease (Viasystems Group Inc), Industrial Space Lease (Viasystems Group Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Polycom Inc), Lease Agreement (Simplex Solutions Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of the Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Industrial Space Lease (Adeza Biomedical Corp), Industrial Space Lease (Adeza Biomedical Corp)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph Article 6.1 above. At the expiration or sooner termination of this the Lease, all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises Premise as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 2 contracts
Samples: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)
Ownership of Improvements. All modifications(a) Except as provided in Section 9.6, alterations all Alterations, and improvements made or added to the Leased Premises by Tenant (any other than Tenant’s inventoryappurtenances, fixtures, improvements, equipment, movable furnitureadditions and property permanently attached to or installed in the Premises at the commencement of or during the Term, wall decorations and trade fixtures) shall be deemed real property and a part at the end of the Leased PremisesTerm become Landlord’s property without compensation to Tenant, but or be removed in accordance with this Section; provided that any fume hoods installed by Tenant shall remain the property of Tenant during and will be removed by Tenant prior to the Leaseend of the Term. Landlord shall notify Tenant in writing at the time of Landlord’s approval of the Alterations whether or not the proposed Alterations will be required to be removed by Tenant at the end of the Term. If Landlord fails to so notify Tenant, no such Alterations shall be required to be removed by Tenant prior to the end of the Term. Tenant shall repair or pay the cost of repairing any damage to the Property caused by the removal of Alterations. If Tenant fails to perform its repair or removal obligations, without limiting any other right or remedy, Landlord may on five (5) Business Days prior written notice to Tenant perform such obligations at Tenant’s expense without liability to Tenant for any loss or damage, and Tenant hereby covenants shall reimburse Landlord within thirty (30) days after demand for all out-of-pocket costs and agrees not to grant a security interest expenses incurred by Landlord in any connection with such items to any party other than Landlordrepair or removal. Any such modifications, alterations or improvements, once completed, Tenant’s obligations under this Section shall not be altered or removed from survive the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease. Notwithstanding the foregoing, Tenant shall not be required to remove any Alterations previously designated for removal if Landlord decides to demolish the Premises at the end of the Term; provided that Tenant shall not be relieved from its obligation to remove all such modifications, alterations and improvements other than of Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become Hazardous Materials from the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required Property pursuant to Article 2, unless Landlord shall require Tenant 12 below and to remove any of such modifications, alterations or improvements complete all applicable facility closure requirements in accordance with Section 12.10 below (including, without limitation, removing any Alterations if necessary to satisfy Tenant’s removal and closure obligations).
(b) The parties hereby confirm that (i) the provisions Existing Improvements (as defined below) are in place as of Article 2the Commencement Date of this Lease, in which case and (ii) Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse Tenant for all or any portion remove the Existing Improvements at the end of the cost or value Term; provided that Tenant’s use of the Existing Improvements shall be in compliance with all Applicable Laws (including, without limitation, any such modificationspermitting requirements) and nothing herein shall relieve Tenant from its obligation to remove all of Tenant’s Hazardous Materials from the Property pursuant to Article 12 below and to complete all applicable facility closure requirements in accordance with Section 12.10 below (including, alterations or without limitation, removing any Existing improvements so surrendered if necessary to Landlordsatisfy Tenant’s removal and closure obligations). All modificationsAs used herein, alterations or improvements the “Existing Improvements” shall mean six (6) fume hoods and associated ducting and extractor fans, Dl water treatment system on the outside of the Building and all of the internal lines that feed the lab benches, vacuum system outside the Building and all associated internal lines, compressed air system outside the Building and all associated internal lines, two (2) walk-in cold boxes inside the Building, lab benches, and free-standing sinks/faucets and emergency showers, all of which are installed or constructed on or attached to located in the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part Pre-Occupied Space as of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of TenantEffective Date.
Appears in 2 contracts
Samples: Commercial Lease (Carbylan Therapeutics, Inc.), Commercial Lease (Carbylan Therapeutics, Inc.)
Ownership of Improvements. All modificationsExcept as hereinafter provided, alterations and improvements made or added to during the Leased Premises by Term Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property the owner of all Improvements and a part of the Leased Premisesall furnishings, but shall remain the fixtures and personal property of Tenant during the Lease, located thereon. Tenant shall retain all rights to depreciation deductions and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlordtax credits arising from its ownership of said property. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the Upon expiration or sooner earlier termination of this Lease, all such modificationsImprovements and property shall, alterations except as provided in Section 2.12.3 below, automatically vest in, revert to, and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord without compensation to, or requirement of consent or other act of, Tenant, and shall be surrendered without the necessity of deed, xxxx of sale, conveyance or other act or agreement of Tenant, and without any payment of any kind or nature by Landlord to Landlord as part of the Leased Premises as required pursuant Tenant or to Article 2any other person, unless Landlord shall require Tenant to remove including any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for lender and/or other entity who has a lien against all or any portion of Tenant’s Interest. Tenant shall thereafter have no further rights thereto or interest therein. Except as permitted by this Lease, Tenant shall not remove any Improvements from the cost Premises, nor waste nor destroy any Improvements; provided, however, that if Landlord notifies Tenant at least five (5) years prior to the expiration of the Term or value any extended Term of its desire that Tenant remove the Improvements on the expiration of the Term or extended Term, then promptly following the expiration date, and within ninety (90) days after the expiration of the Term or extended Term, Tenant shall remove or cause to be removed all the Improvements from the Premises at Tenant’s sole cost. If Tenant is required to remove the Improvements on the expiration of the Term or any extended Term, then Tenant shall be entitled to remain in possession of the Premises for the time reasonably necessary to remove the Improvements, and no longer than ninety (90) days after the expiration of the Term or extended Term, and all provisions of this Lease shall apply to the period that Tenant remains in possession except that Tenant need not pay Landlord any rent, taxes, or other expenses in connection with Tenant’s continued occupancy. Upon or at any time after the date of the expiration or earlier termination of this Lease, if requested by Landlord, Tenant shall, without charge to Landlord, promptly execute, acknowledge and deliver to Landlord a quitclaim deed and xxxx of sale which (a) conveys all of Tenant’s right, title and interest in and to the Premises; (b) assigns, without representation or warranty and to the extent assignable by the terms of such modificationscontracts, alterations all contracts designated by Landlord, relating to the operation, management or improvements so surrendered maintenance of the Premises or any part thereof; and (c) conveys, without representation or warranty and to the extent assignable by the terms of such contracts, all plans, records, registers, permits, and all other papers and documents which may be necessary or appropriate for the proper operation and management of the Premises, and shall deliver all of the foregoing to Landlord. All modificationsIn order to effectuate the terms of this section, alterations or improvements which are installed or constructed on or attached Tenant’s contracts with vendors relating to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part operation, management or maintenance of the Leased Premises and Premises, or any part thereof, shall be property include provisions permitting the assignment of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements said contracts to the Leased Premises and not trade fixtures Landlord upon expiration or termination of Tenantthis Lease.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease
Ownership of Improvements. All modifications, alterations and improvements made or added to Improvements erected on the Leased Premises as permitted by Tenant (this Lease, as well as any and all alterations or additions thereto or any other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of improvements or fixtures on the Leased Premises, but shall remain be owned by Tenant until the property expiration of the Term or sooner termination of this Lease or recapture of the applicable portion of the Leasehold Premises as provided herein; provided, Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered waste or removed from destroy any of the Improvements or remove, alter or modify any Improvements on the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 abovePremises, except as permitted or contemplated by this Lease. At Upon the expiration or sooner termination of this Lease, all such modificationsImprovements and all alterations, alterations additions or improvements thereto that are made to or placed on the Leased Premises by Tenant or any other person shall be considered part of the real property of the Leased Premises and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations shall remain on the Leased Premises and trade fixtures, shall automatically become the property of Landlord Landlord; provided that Tenant shall retain ownership of and shall be surrendered entitled to Landlord as part remove its furniture, trade fixtures and removable personal property (which shall be deemed not to include tenant improvements affixed or attached to the Leased Premises, including wall coverings, floor coverings, ceilings, or light fixtures, electronic, telephonic or computer systems integrated into the structure of the Improvements on the Leased Premises as required pursuant to Article 2Premises, unless or heating, ventilation or air conditioning systems servicing the Leased Premises). At Landlord’s sole option, Landlord shall require Tenant to remove any some or all of such modificationsthe Improvements upon the expiration of the Term or sooner termination of this Lease. If Landlord elects to require Tenant to remove some or all of the Improvements, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations the right to reimburse cause Tenant to provide adequate security for such removal within two (2) months following Landlord’s notification to Tenant of its decision to exercise such option. As confirmation of the vesting of fee title to the Improvements in Landlord, Tenant shall record a quitclaim deed in favor of Landlord and deliver a copy of such recorded deed to Landlord within thirty (30) days following the expiration of the Term or sooner termination of this Lease. Except as otherwise expressly provided in this Lease, the Improvements shall become Landlord’s property free and clear of any and all rights to possession and all claims to or against them by Tenant or any portion of the cost third person or value of any such modificationsentity, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements defend and indemnify Landlord, and its board members, officers, directors, faculty, staff, colleges, independent contractors, attorneys, accountants, representatives, predecessors, successors and assigns (collectively, “Representatives”) against all liabil- ities and claims, losses, causes of action, charges, penalties, damages, costs or expenses (including reasonable attorneys’ fees and costs), of whatsoever character, nature and kind, whether to the Leased Premises property or person, whether by direct or derivative action, and not trade fixtures of Tenantwhether known or unknown, suspected or unsuspected, latent or patent, or existing or contingent (collectively, “Liabilities”) arising from such claims.
Appears in 2 contracts
Samples: Joint Occupancy Lease, Joint Occupancy Lease
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the LeaseLease Term, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 22 and Paragraph 6.1 above, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and
19.1 This Lease will vest in Lessee no property interest in the Premises or in the improvements made or added to the Leased Premises by Tenant (Fixtures thereon other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed the leasehold estate created by this Lease. Title to real property and improvements and Fixtures thereon, including Initial Improvements, Alterations, Building Maintenance and Preservation Maintenance to Premises but excluding Trade Fixtures will be and remain solely in Lessor. Except as provided in Section 33.2 below, Lessor will have no interest in the Trade Fixtures and Xxxxxx’s Personal Property. Compliance with Applicable Laws and Requirements related to taxes is the sole responsibility of Lessee.
19.2 Lessor acknowledges that covenants which allow Lessor certain control and rights of approval over Trade Fixtures and Xxxxxx’s Personal Property items placed upon the Premises by Lessee are provided only to insure conformance with the terms of this Lease, but such covenants do not vest in, nor will they be construed as vesting in Lessor an ownership interest in such items.
19.3 Upon removal of Trade Fixtures or Xxxxxx’s Personal Property at any time during the Term or upon expiration of this Lease, Lessee must (a) repair all damage caused by such removal at Lessee’s sole cost and expense and ensure that no safety hazard is created by such removal, (b) cause a part neat appearance to remain in the area of removal, and (c) perform Preservation Maintenance of any damaged area of the Leased Premises.
19.4 Lessor and Lessee agree that Occupants may install Personal Property related to their use of Premises and that the ownership, but shall remain the property of Tenant during the Leaseinstallation, and Tenant hereby covenants removal of such property by such Occupants will be governed by the terms of the Sublease or other occupancy agreement between Lessee and agrees not to grant a security interest in its Occupant. At the termination of the Sublease or other occupancy agreement, Lessee must, either at its own expense or its Occupants, remove or cause the removal of any such items Personal Property and to the extent necessary or appropriate by reason of such removal, must perform Preservation Maintenance or cause the Preservation Maintenance of the applicable portion of the Premises and Building Maintenance of any party other than Landlordaffected major building systems in the manner described in Section 33 of this Lease. Any Lessee must repair all damage caused by such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained property removal in accordance with the provisions terms of Paragraph 6.1 Section 19.3 above. At Lessee must cause any proposed installation, improvements or Alterations of the expiration or sooner termination Premises by Occupants to comply with the terms and conditions of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All modificationspresent and future alterations, alterations and additions or improvements made in, on or added to the Leased Premises, by either party, including, without limitation, all non-trade equipment and fixtures, light fixtures, roof-top air-conditioning units, pipes, ducts, conduits, plumbing, wiring, panelling, partitions, mezzanines, floors, floor and wall coverings, and similar items (the "Leasehold Improvements") shall be deemed the property of Landlord and unless Landlord directs otherwise, shall remain upon and be surrendered with the Leased Premises as part thereof in good order, condition and repair, ordinary wear and tear and casualty loss excepted, upon Tenant's vacation or abandonment of the Leased Premises. If Landlord directs, Tenant shall remove all or a portion of the Tenant Improvements in the Leased Premises on or immediately prior to the Termination Date or the termination of Tenant's right to possession and shall restore the Leased Premises to the same condition as existed prior to the installation of such property, provided Landlord has notified Tenant prior to Tenant's making any such Improvements that Landlord will require removal upon such Termination. All movable goods, inventory, furniture, trade fixtures, equipment other than non-trade equipment and other movable personal property belonging to Tenant which are installed or stored in the Leased Premises by Tenant and are not permanently affixed to the Leased Premises, shall remain Tenant's property (other than "Tenant’s inventory, equipment, movable furniture, wall decorations 's Property") and trade fixtures) shall be deemed real property and a part removed by Tenant on or prior to the Termination Date (or the termination of Tenant's right to possession of the Leased Premises, but shall remain the property of Tenant during the Lease, whichever is applicable) and Tenant hereby covenants and agrees not to grant a security interest in shall immediately repair any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached damage to the Leased Premises caused by Landlord and/or at Landlord’s expense shall be deemed real property the removal of any of Tenant's Property and a part of restore the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises same condition as existed prior to the installation of such property, ordinary wear and not trade fixtures tear and casualty loss excepted. Landlord hereby waives and relinquishes any and all rights it may have pursuant to the laws of the State of Texas to any Landlord's or similar lien covering any of Tenant's property for Rent or other charges due or to come due pursuant to the terms of this Lease.
Appears in 1 contract
Samples: Lease Agreement (First Capital Income Properties LTD Series Viii)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 the Article above. At the expiration or sooner termination of this Lease, the Lease all such modifications, alterations and improvements (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises Premise as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with by giving Tenant written notice of such requirement at the provisions time of Article 2consent, in which case Tenant shall so remove samesame on or before the expiration of the Lease Term (including extensions thereof). Landlord shall not require Tenant to remove any of the Initial Tenant Improvements. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property property, and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Sublease (Va Software Corp)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s Landlord written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Leaselease, all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heatinghealing, ventilating and air conditioning fixtures, partitioningpartitioning (except movable partitions), window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Consent to Sublease (Alphasmart Inc)
Ownership of Improvements. All modificationsTenant Improvements, alterations and improvements made or added to as defined in Exhibit C, financed by Landlord’s Contribution plus the Leased Premises Tenant Improvements financed and/or paid for by Tenant up to a maximum of $1,500,000 (other than Tenant’s inventorytogether, equipment, movable furniture, wall decorations and trade fixturesthe “Initial Improvements”)
(i) shall be deemed real become Landlord’s property and a part of the Leased Premisesupon installation without compensation to Tenant, but shall remain the property of Tenant during the Leaseunless Landlord consents otherwise in writing, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and (ii) shall be surrendered to Landlord as part with the Premises at the termination of the Leased Lease or Tenant’s right to possession. To the extent that the total cost of the Initial Improvements exceeds the amount of Landlord’s Contribution plus the $1,500,000 to be paid by Tenant, then, within 45 days following the Commencement Date, Tenant shall submit to Landlord a list of leasehold improvements as well as equipment and machinery, to the extent relevant, which (1) have an installation cost equal to or less than the amount of the excess cost for the Tenant Improvements over Landlord’s Contribution and Tenant’s $1,500,000 payment, (2) could be removed from the Premises as required upon termination or expiration of the Lease without material damage to the Building or the Premises or otherwise materially affect the operation of systems installed in the Building or Premises and (3) Tenant desires to retain ownership of and have the right to remove upon termination or expiration of the Lease. Within 30 days following Landlord’s receipt of Tenant’s list, Landlord shall approve the list unless Landlord has a reasonable and material objection thereto. If Landlord and Tenant are unable to resolve Landlord’s objection(s), the matter shall be resolved pursuant to Article 2, unless Landlord arbitration as provided under Section 29 of this Lease. All improvements to the Premises made by or on behalf of Tenant at Tenant’s sole cost and expense (except for the Initial Improvements) whether pursuant to the Tenant Improvements Agreement attached hereto as Exhibit C or Section 5A hereto (the “Subsequent Improvements”) shall require be and remain Tenant’s property. Tenant shall have the right to remove any of such modifications, alterations or improvements the Subsequent Improvements in accordance with the provisions of Article 2, Section 5E below in which case Tenant shall so remove same. Landlord shall have no obligations restore the Premises to reimburse Tenant the condition required for all surrender under Section 3D hereto upon the expiration or any portion earlier termination of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of TenantTerm.
Appears in 1 contract
Samples: Lease (Deltagen Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and decorations, personal property, trade fixturesfixtures (“Tenant’s Property”)) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Building E Landlord’s written approval first obtained obtained, to the extent required in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, Property shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2Paragraph 6.1, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the this Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Sublease (Xpeed Networks Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but Premises and shall remain automatically become the property of Landlord upon the expiration or earlier termination of the Lease (except that Tenant during may elect to remove any Extraordinary Fixtures provided Tenant repairs any damage resulting from such removal). Subject to the Leaseforegoing, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, other than those not requiring Landlord’s prior consent, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2Paragraph 6.1, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to LandlordLandlord or removed by Tenant or for the cost of removal. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Office Lease (PMC Sierra Inc)
Ownership of Improvements. All modifications, of the Improvements of any nature constructed by Xxxxxx on the St. Xxxxxxx Xxxxxx including the Lessee Improvements and alterations of the Lessee Improvements and improvements other alterations made or added pursuant to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) provisions of this Lease shall be deemed real property owned by and a part of the Leased Premises, but shall remain be the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises Lessee during the Lease Term without Landlord’s written approval first obtained in accordance with Term. Upon the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become whether by expiration of the property term hereof or by reason of Landlord and shall be surrendered to Landlord as default on the part of Lessee, or for any other reason whatsoever, the Leased Premises as required pursuant Improvements (including the Lessee Improvements), and all parts thereof shall merge with the title of the land, free of any claim of Lessee and all persons and corporations (subject to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2XIV hereof with respect to the rights of Leasehold Mortgagees holding Leasehold Mortgages, as both such terms are hereinafter defined it being understood that the Leasehold Mortgage should in no event have a maturity date which extends beyond the Expiration Date) claiming under or through Lessee (except for purchase money security interests in equipment and except for trade fixtures and personal property of Lessee that can be removed without damage to the Improvements). Lessee shall deliver the St. Xxxxxxx Xxxxxx to Lessor in reasonably good condition, ordinary wear and tear excepted, upon the termination or expiration of the Lease Term. Upon the termination of this Lease, Xxxxxx, at Xxxxxx's request, will execute a recordable instrument evidencing the termination of this Lease and stating the termination date. Notwithstanding anything herein to the contrary, in which case Tenant shall so remove same. Landlord shall have no obligations the event the Lease terminates prior to reimburse Tenant Lessee receiving its expenditures for all or any portion of the cost or value of any such modifications, alterations or capital improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and Property, Lessor will ensure Lessee receives a part return of its expenditures for capital improvements on the Leased Premises and shall be property Property as well as a reasonable rate of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to return on its investment on the Leased Premises and not trade fixtures of TenantLessor’s property.
Appears in 1 contract
Samples: Ground Lease
Ownership of Improvements. All modifications, alterations Any and all buildings and improvements made constructed on the Premises or added to the Leased Premises Easement Areas by Tenant (other than Tenant’s inventory, equipmentor by any subtenant claiming under Tenant, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall at all times remain the property of Tenant during or such subtenant, as the Leasecase may be, until the date one hundred and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At eighty (180) days after the expiration or sooner earlier permitted termination of this Lease. Upon such expiration or termination, Tenant shall have no obligation to remove or change such buildings or improvements; provided, however, that all such modificationsbuildings, alterations and improvements other than Tenant’s inventoryimprovements, equipmentfurniture, furnishings, movable furniturefixtures and equipment installed on the Premises or Easement Areas by Tenant, wall decorations or by any subtenant claiming under Tenant, shall be and remain the property of Tenant or such subtenant, as the case may be, and may be removed from the Premises and/or Easement Areas within one hundred and eighty (180) days after the expiration of this Lease. Tenant shall have no obligation to restore the Premises or Easement Areas to their original condition or configuration upon expiration or earlier permitted termination of this Lease. Tenant may install and shall have the right, but not the obligation, to remove from time to time, within one hundred and eighty (180) days after the expiration of this Lease, Tenant's and any under tenant's buildings, improvements, trade fixtures, and equipment, which shall automatically become include without limitation, turbines, switching equipment, transformers, breakers, generators, pumps, chillers, cooling towers, water processing equipment, fuel processing equipment, underground tanks, above ground tanks, and any other fixtures, machinery or equipment belonging to Tenant, under tenant or any third party, whether or not attached to the property of Landlord and shall be surrendered to Landlord as part of Premises. In the Leased Premises as required pursuant to Article 2, unless Landlord shall require event Tenant elects to remove any underground storage tank(s), then in consideration of such modificationsremoval, alterations Landlord shall grant to Tenant reasonable access to the Premises to remove any such tank(s), to investigate and/or to remediate impacts from such tanks if such activity is required of Tenant by applicable law and the governmental agency having jurisdiction over such activity. Such access shall continue for the duration of the removal and remediation, even if such access is required more than one hundred and eighty (180) days after the expiration of this Lease. Nothing set forth in the foregoing sentences is intended to relieve Landlord of any of its legal obligations with regard to any underground storage tanks, if any, installed on the Premises on or improvements in accordance with before the provisions date of Article 2this Lease, in which case or to impose any obligations on Tenant other than those imposed by applicable law. Should Tenant, or any subtenant claiming under Tenant, elect to remove any buildings, improvements, furniture, furnishings, movable fixtures and equipment installed on the Premises or Easement Areas after expiration of the Lease Term, Tenant shall so remove same. (1) pay Landlord shall have no obligations to reimburse a per diem rental calculated based on the Additional Rent, if any, paid based on an annual amount and the Annual Rent in effect for the last year of the Lease Term for the time used by Tenant for all or any portion subtenant to complete such removal work beyond the expiration date of the cost Lease Term, and (2) such occupancy and activities shall, be subject to all of the other terms and conditions of the Lease (e.g. insurance obligations, prohibitions against liens, and indemnity obligations). Notwithstanding any other term or value provision of this Lease to the contrary, (i) Tenant and any such modificationssubtenant shall complete all work performed at the expiration or any earlier permitted termination of the Lease to remove any buildings, alterations improvements, furniture, furnishings, movable fixtures and equipment installed on the Premises and/or Easement Areas (as hereinafter defined) in compliance with all applicable laws then in effect, including, without limitation, all applicable environmental laws and laws relating to underground storage tanks then in effect, (ii) Tenant and any subtenant shall at the expiration or improvements so surrendered any earlier permitted termination of the Lease leave the Premises, Easement Areas and any buildings, improvements, fixtures and equipment installed thereon in compliance with all applicable laws then in effect, including, without limitation, all applicable environmental laws and laws relating to Landlord. All modificationsunderground storage tanks then in effect, alterations and (iii) the indemnification obligations of Tenant under Section 17 shall survive the expiration or improvements which are installed or constructed any earlier permitted termination of this Lease provided that Landlord has notified Tenant of the claim asserted on or attached to before the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part date two (2) years following the expiration or earlier permitted termination of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantthis Lease as required in Section 17 below.
Appears in 1 contract
Samples: Ground Lease (Kgen Power Corp)
Ownership of Improvements. All modificationsExcept as provided in Section 9.7, alterations all Tenant Improvement Work, Alterations, and improvements made or added to the Leased Premises by Tenant (any other than Tenant’s inventoryappurtenances, fixtures, improvements, equipment, movable furnitureadditions and property permanently attached to or installed in the Premises at the commencement of or during the Term, wall decorations and trade fixtures) shall be deemed real property and a part at the end of the Leased PremisesTerm become Landlord’s property without compensation to Tenant, but or be removed in accordance with this Section. Upon written request by Tenant, Landlord shall remain notify Tenant in writing at the property time of Landlord’s approval of the Tenant Improvement Work or Alterations, as applicable, whether or not the proposed Tenant Improvement Work and/or Alterations will be required to be removed by Tenant at the end of the Term; provided that Landlord shall not require removal unless Tenant’s failure to remove such Tenant Improvement Work or Alterations will, in Landlord’s reasonable opinion, cause Landlord to incur additional demolition costs beyond those that would otherwise be incurred by Landlord in the ordinary course of demolition. If Tenant does not request an advance determination by Landlord, Landlord shall notify Tenant in writing prior to the Termination Date whether or not Tenant will be required to remove the Tenant Improvement Work or Tenant Alterations installed by Tenant at the end of the Term, using the same criteria as described in the previous sentence. If Landlord fails to so notify Tenant, Tenant shall not be required to remove any Tenant Improvement Work and Alterations. Tenant shall repair or pay the cost of repairing any damage to the Premises caused by the removal of Tenant during the LeaseImprovement Work or Alterations. If Tenant fails to perform its repair or removal obligations, without limiting any other right or remedy, Landlord may on five (5) Business Days prior written notice to Tenant perform such obligations at Tenant’s expense without liability to Tenant for any loss or damage, and Tenant hereby covenants shall reimburse Landlord within twenty (20) days after demand for all out-of-pocket costs and agrees not to grant a security interest expenses incurred by Landlord in any connection with such items to any party other than Landlordrepair or removal. Any such modifications, alterations or improvements, once completed, Tenant’s obligations under this Section shall not be altered or removed from survive the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Commercial Lease (Tesla Motors Inc)
Ownership of Improvements. Tenant may remove its trade fixtures constructed by Tenant at its expense, HVAC units installed by Tenant at its expense which are not reasonably necessary for the comfortable use and enjoyment of the Premises, computer flooring installed by Tenant at its expense, and demountable partitions installed by Tenant at Tenant's expense, after commencement of the Lease Term, so long as it repairs all damage caused by the installation and removal thereof and returns the Leased Premises to substantially the condition existing prior to the installation of such Property. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph Article 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, ) if not removed by Tenant shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and real property as set forth above and not trade fixtures of Tenant. Notwithstanding anything to the contrary in Section 6.2 of the Lease Form, with respect to Tenant's Property (as defined in Paragraph 2.6 above), Landlord shall, upon Tenant's request, execute a lien waiver in a form reasonably acceptable to Tenant's lender or equipment lessor, so long as such waiver does not alter the terms of the Lease.
Appears in 1 contract
Samples: Industrial Space Lease (Avant Corp)
Ownership of Improvements. Title to all Improvements, including the Project to be constructed on the Premises by Txxxxx, shall be owned by Tenant until expiration of the Term or earlier termination of this Lease, including, without limitation, termination by Landlord upon an Event of Default or rejection of this Lease under any bankruptcy proceedings, but subject to any written agreements between Landlord and Lender, if any. All modificationsImprovements on the Premises, alterations including the Project, shall, at the expiration of the Term or earlier termination of this Lease, without compensation to Tenant, automatically and improvements made without any act of Tenant or added any third party become Landlord’s property, unless Landlord enters into a New Lease (as such term is defined in Section 6.08) with Lender (hereinafter defined) or Lender’s assignee pursuant to Section 6.08 of this Lease. Tenant shall surrender the Improvements to Landlord at the expiration of the Term or earlier termination of this Lease, free and clear of all liens and encumbrances, other than those, if any, expressly permitted under this Lease to survive the expiration of the Term or earlier termination of this Lease, or otherwise created or consented to by Landlord. After expiration or earlier termination of this Lease, Txxxxx agrees to execute, acknowledge, and deliver to Landlord any instrument requested by Landlord as necessary in Landlord’s opinion to perfect Landlord’s right, title, and interest to the Leased Premises Improvements and the Premises. The term “Improvements” shall not include equipment, trade fixtures and furnishings installed by or under Tenant (other than or Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but subtenants which shall remain the property of Tenant or its subtenants and shall be removable at any time during the Lease, Term at the sole cost and Tenant hereby covenants and agrees not expense of the person removing the same who shall repair any damage or injury to grant a security interest the Improvements occasioned by the removal thereof. The exercise of the Purchase Right (as defined in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, Section 12.05(a)) shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner treated as an early termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property Lease for purposes of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantthis Section 5.08.
Appears in 1 contract
Ownership of Improvements. All modificationsimprovements currently located on the Premises (the “Existing Improvements”) are owned by Landlord and, alterations subject to Tenant’s rights under Section 6.2 hereof to make Alterations, will continue to be owned by Landlord. “Existing Improvements” includes all structural Alterations made by Tenant thereto but does not include trade fixtures and Tenant’s biofuel manufacturing machinery (“Tenant Improvements”). All tanks, storage facilities and other improvements made or added to the Leased Premises installed by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) on the Premises shall be deemed real property and a part of owned by Tenant during the Leased PremisesTerm, but shall remain become the property of Landlord at the end of the Term or early termination of this Lease (if not removed by Tenant during pursuant to the Lease, next sentence) and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall may not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At by Tenant at the expiration or sooner earlier termination of this Lease, all such modificationsexcept as provided in the next sentence. Provided that Tenant is not then in default under the terms of conditions of this Lease, alterations and improvements Tenant may remove the Tenant Improvements (together with any other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part Tenant located on the Premises) at the expiration or early termination of the Leased Premises as required pursuant to Article 2this Lease, unless Landlord shall require Tenant to remove any of such modificationsprovided, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by that (a) Tenant shall be deemed improvements obligated to clear all debris associated with the removal of same and to grade and fill holes and repair other damage to the Leased Premises resulting therefrom (which obligation shall survive the expiration or earlier termination of this Lease), and (b) any Tenant Improvements that are not trade fixtures removed by Tenant on or before the expiration or earlier termination of Tenantthis Lease shall become Landlord’s property.
Appears in 1 contract
Samples: Lease Agreement (New Generation Biofuels Holdings, Inc)
Ownership of Improvements. All modificationsWork as defined in this Section 5, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventoryhardware, equipment, movable furniture, wall decorations machinery and all other improvements and all fixtures except trade fixtures, constructed in the Premises by either Landlord, Sublandlord or Subtenant, (i) shall become Landlord's property upon installation without compensation to Subtenant, unless Landlord consents otherwise in writing, and (ii) shall at Landlord's option (which shall be deemed real property stated at the time Landlord and a part Sublandlord consent to such Work) either (a) be surrendered to Landlord with the Premises at the termination of the Leased PremisesSublease or of Subtenant's right to possession, but or (b) be removed in accordance with Subsection 5E below (unless Landlord at the time it gives its consent to the performance of such construction expressly waives in writing the right to require such removal). Notwithstanding the foregoing, all Tenant Improvements installed by Sublandlord and financed in whole or in part by Landlord or Sublandlord from the Tenant Improvement Allowance described in the Work Letter Agreement shall remain be the property of Tenant Landlord, Sublandlord, and Subtenant during the Leaseterm of this Sublease in the proportions that each has financed the cost thereof, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and upon expiration of this Sublease. In the event that this Sublease is terminated prior to the scheduled expiration date due to a default by Subtenant, Sublandlord shall be surrendered to Landlord as part of have the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant right to remove any of all Work at Subtenant's expense (unless Sublandlord and Landlord have previously waived such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantright).
Appears in 1 contract
Samples: Sublease Agreement (Proxim Inc /De/)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and decorations, personal property, trade fixturesfixtures (“Tenant’s Property”)) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, Property shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, Lease Term and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Sublease (Equinix Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than and all of Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become be removed from the property of Landlord and shall be surrendered Property, subject to Landlord as part of the Leased Premises as required pursuant Tenant's obligations under Article 2 to Article 2, unless Landlord shall require Tenant to remove any of repair all damage caused by such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove sameremoval. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant Lessee (other than TenantLessee’s inventory, equipment, movable partitions and furniture, wall decorations and trade fixtures) shall be deemed real property and a are part of the Leased Premises, but shall remain the property of Tenant the Lessee during the term of this Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modificationsmodification, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the term of this Lease Term without LandlordLessor’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above11.1 above (if and to the extent so required). At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than TenantLessee’s inventory, equipment, movable partitions and furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord the Lessor and shall be surrendered to Landlord Lessor as part of the Leased Premises as required pursuant to Article 2unless Lessor, unless Landlord shall require Tenant at its sole discretion, requires Lessee to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2improvements, in which case Tenant Lessee shall so remove same. Landlord Lessor shall have no obligations obligation to reimburse Tenant Lessee for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to LandlordLessor. All modifications, alterations or improvements which that are installed or constructed on or attached to the Leased Lassed Premises by Landlord and/or Lessor at LandlordLessor’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of LandlordLessor. All lighting, plumbing, electrical, heating, ventilating and air conditioning systems and fixtures, built-in partitioning, window coverings, non-removable wall coverings and floor coverings installed by Tenant Lessee shall be deemed improvements to the Leased Premises and not trade fixtures of TenantLessee.
Appears in 1 contract
Samples: Lease (Viasystems Group Inc)
Ownership of Improvements. All modifications, alterations Ownership of and improvements made or added title to the Leased Tenant’s Improvements and all other movable, non-permanent buildings, structures and other improvements and all machinery, equipment and trade fixtures now or hereafter constructed, installed or placed by Tenant upon the Premises and all alterations thereto when constructed, installed or placed upon the Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of with Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination continuance of this Lease, or extensions, but upon the termination hereof ownership and title to all such modificationsTenant Improvements or personal property not removed by the Tenant or its subtenants shall vest in the Landlord. Ownership and title to any other work performed on the Premises shall vest in Landlord. Tenant alone shall be entitled to claim depreciation for all taxation purposes on the Improvements and all structures and other improvements, all machinery, equipment and trade fixtures and all alterations now or hereafter constructed, installed, or placed by Tenant upon the Premises. Any permanent structures and improvements other than property, except for Tenant’s inventorymovable, non-permanent buildings and Tenant’s furniture, machinery, trade fixtures and other personal property shall remain on the Premises after the termination of the Lease. Notwithstanding anything herein to the contrary, Tenant shall have the right to remove any equipment, containers/computers, and electrical- equipment installed by Tenant, provided that Tenant shall repair any damage done to the Premises by the removal of any non-permanent buildings, equipment, movable furniturecontainers, wall decorations and computers, electrical equipment, or other trade fixtures, shall automatically become fixtures from the property of Landlord and Premises such that the Premises shall be surrendered restored to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property a level pad and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantparking areas.
Appears in 1 contract
Ownership of Improvements. All modificationsModifications, alterations Alterations and improvements Improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modificationsModifications, alterations Alterations or improvementsImprovements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modificationsModifications, alterations Alterations and improvements Improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modificationsModifications, alterations Alterations or improvements Improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modificationsModifications, alterations Alterations or improvements Improvements so surrendered to Landlord. All modificationsModifications, alterations Alterations or improvements Improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease (LumiraDx LTD)
Ownership of Improvements. All modificationsRemovable Tenant Improvements and Alterations thereto shall be the sole and separate property of Tenant. The Outside Areas, alterations the Building Shells, the Landlord's Improvements (as defined in Schedule 1) and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) any Alterations thereto shall be deemed real property and a part of the Leased Premises, Premises but shall at all times the sole and separate property of Landlord. The Property shall at all times remain the sole and separate property of Tenant during the Lease, and Landlord. Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord, except to the extent permitted by and then only in accordance with Schedule 1 to this Lease. Any such modificationsThe Building Shells, alterations or improvementsand the Landlord's Improvements, once completedand any Alterations thereto, shall not be altered (except in accordance with Paragraph 6.1) or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 aboveat any time. At the expiration or sooner termination of this Lease, Tenant shall remove all such modifications, alterations Removable Tenant Improvements and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part Alterations thereto in accordance with Paragraph 2.6 of the Leased Premises as required pursuant to Article 2Lease, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements have otherwise agreed in accordance with the provisions of Article 2, in which case Tenant shall so remove samewriting. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations of the Landlord's Improvements or improvements so surrendered to Landlordany Alterations thereto. All modifications, alterations or improvements Alterations which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease Agreement (Cell Genesys Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to Improvements erected on the Leased Premises as permitted by Tenant (this Lease, as well as any and all alterations or additions thereto or any other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of improvements or fixtures on the Leased Premises, but shall remain be owned by Tenant until the property expiration of the Term or sooner termination of this Lease or recapture of the applicable portion of the Leasehold Premises as provided herein; provided, Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered waste or removed from destroy any of the Improvements or remove, alter or modify any Improvements on the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 abovePremises, except as permitted or contemplated by this Lease. At Upon the expiration or sooner termination of this Lease, all such modificationsImprovements and all alterations, alterations additions or improvements thereto that are made to or placed on the Leased Premises by Tenant or any other person shall be considered part of the real property of the Leased Premises and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations shall remain on the Leased Premises and trade fixtures, shall automatically become the property of Landlord Landlord; provided that Tenant shall retain ownership of and shall be surrendered entitled to Landlord as part remove its furniture, trade fixtures and removable personal property (which shall be deemed not to include tenant improvements affixed or attached to the Leased Premises, including wall coverings, floor coverings, ceilings, or light fixtures, electronic, telephonic or computer systems integrated into the structure of the Improvements on the Leased Premises as required pursuant to Article 2Premises, unless or heating, ventilation or air conditioning systems servicing the Leased Premises). At Landlord’s sole option, Landlord shall require Tenant to remove any some or all of such modificationsthe Improvements upon the expiration of the Term or sooner termination of this Lease. If Landlord elects to require Tenant to remove some or all of the Improvements, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations the right to reimburse cause Tenant to provide adequate security for such removal within two (2) months following Landlord’s notification to Tenant of its decision to exercise such option. As confirmation of the vesting of fee title to the Improvements in Landlord, Tenant shall record a quitclaim deed in favor of Landlord and deliver a copy of such recorded deed to Landlord within thirty (30) days following the expiration of the Term or sooner termination of this Lease. Except as otherwise expressly provided in this Lease, the Improvements shall become Landlord’s property free and clear of any and all rights to possession and all claims to or against them by Tenant or any portion third person or entity, and Xxxxxx shall defend and indemnify Landlord, and its board members, officers, directors, faculty, staff, colleges, independent contractors, attorneys, accountants, representatives, predecessors, successors and assigns (collectively, “Representatives”) against all liabil- ities and claims, losses, causes of the cost action, charges, penalties, damages, costs or value expenses (including reasonable attorneys’ fees and costs), of any whatsoever character, nature and kind, whether to property or person, whether by direct or derivative action, and whether known or unknown, suspected or unsuspected, latent or patent, or existing or contingent (collectively, “Liabilities”) arising from such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantclaims.
Appears in 1 contract
Samples: Joint Occupancy Lease
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the LeaseLease Term, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant is required to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2Paragraph 2.6 or Paragraph 6.1, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Sublease Agreement (Applovin Corp)
Ownership of Improvements. All modifications, alterations 19.1 This Lease will vest in Tenant no property interest in the Premises or in the improvements or Fixtures thereon other than the leasehold estate created by this Lease. Title to real property and improvements made or added and Fixtures thereon, including Initial Improvements, Alterations, Building Maintenance and Preservation Maintenance to Premises but excluding Trade Fixtures shall be and remain solely in Landlord. Except as provided in Section 33.2 below, Landlord shall have no interest in the Leased Trade Fixtures and Tenant’s Personal Property. Compliance with Applicable Laws and Requirements related to taxes is the sole responsibility of Tenant.
19.2 Landlord acknowledges that covenants which allow Landlord certain control and rights of approval over Trade Fixtures and Tenant’s Personal Property items placed upon the Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not are provided only to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance insure conformance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination terms of this Lease, all but such modificationscovenants do not vest in, alterations and improvements other than nor shall they be construed as vesting in Landlord an ownership interest in such items.
19.3 Upon removal of Trade Fixtures and/or Tenant’s inventoryPersonal Property at any time during the Term or upon expiration of this Lease, equipmentTenant shall (a) repair all damage caused by such removal at Tenant’s sole cost and expense and ensure that no safety hazard is created by such removal, movable furniture(b) cause a neat appearance to remain in the area of removal, wall decorations and trade fixtures, shall automatically become (c) perform Preservation Maintenance of any damaged area of the property of Premises.
19.4 Landlord and Tenant agree that Occupants will install Personal Property related to their use of Premises and that the ownership, installation, and removal of such property by such Occupants shall be surrendered to Landlord as part governed by the terms of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Sublease or other occupancy agreement between Tenant to remove any of such modifications, alterations or improvements in accordance with and its Occupant. At the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion termination of the cost Sublease or value other occupancy agreement, Tenant shall, either at its own expense or its Occupants, remove or cause the removal of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.such
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All modificationspresent and future alterations, alterations and additions or improvements made in, on or added to the Leased Premises by Tenant (other than Tenant’s inventoryeither party, equipmentincluding, movable furniturewithout limitation, wall decorations all equipment and non-trade fixtures, light fixtures, roof-top air-conditioning units, pipes, ducts, conduits, plumbing, wiring, paneling, partitions, mezzanines, floors, floor and wall coverings, and similar items (the “Leasehold Improvements”) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and unless Landlord directs otherwise, shall remain upon and be surrendered to Landlord with the Premises as part thereof in good order, condition and repair, ordinary wear and tear excepted, upon Tenant’s vacation or abandonment of the Leased Premises as required pursuant to Article 2Premises. If Landlord directs, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any a portion of the cost Leasehold Improvements in the Premises on or value immediately prior to the Termination Date or the termination of any Tenant’s right to possession and shall restore the Premises to the same condition as existed prior to the installation of such modifications, alterations or improvements so surrendered to Landlordproperty. All modificationsmovable goods, alterations or improvements inventory, furniture, trade fixtures and other movable personal property belonging to Tenant which are installed or constructed on or attached stored in the Premises by Tenant and are not permanently affixed to the Leased Premises by Landlord and/or at LandlordPremises, shall remain Tenant’s expense shall be deemed real property and a part of the Leased Premises (“Tenant’s Property”) and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed removed by Tenant shall be deemed improvements on or prior to the Leased Premises and not trade fixtures Termination Date (or the termination of Tenant’s right to possession of the Premises, whichever is applicable) provided that: (i) Tenant is not in default under this Lease; and (ii) Tenant shall immediately repair any damage to the Premises caused by the removal of any of Tenant’s Property and restore the Premises to the same condition as existed prior to the installation of such property.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than the ECV Stations, Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than the ECV Stations, Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease Agreement (Personalis, Inc.)
Ownership of Improvements. All modificationsUpon request by Tenant, alterations and improvements made at the time -------------------------- Landlord approves Tenant's proposal for any Work (as defined in this Section 5) or added to Tenant's plans for the Leased Premises by Tenant Improvements (other than Tenant’s inventoryas defined in Exhibit C), equipment, movable furniture, wall decorations and trade fixtures) Landlord shall be deemed real property and a part also state whether or not any of the Leased Premises, but shall remain proposed improvements will have to be removed upon the property termination of Tenant during the this Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained Unless otherwise indicated by Landlord in accordance with the provisions preceding sentence, all Work, partitions, hardware, equipment, machinery and all other improvements and all fixtures constructed in the Premises by Tenant, shall (i) become Landlord's property upon installation without compensation to Tenant, unless Landlord consents otherwise in writing, and (ii) at Landlord's option, Landlord may elect (provided that such election is made and Tenant is informed of Paragraph 6.1 above. At such election at least thirty (30) days prior to the expiration or sooner termination of this Lease, all Lease or the termination of Tenant's possession) that such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall items either (a) be surrendered to Landlord as part with the Premises at the termination of the Leased Premises as required pursuant Lease or of Tenant's right to Article 2possession, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements (b) be removed in accordance with Subsection 5E below. Notwithstanding the provisions foregoing, Tenant's furnishings, moveable equipment, other personal property and trade fixtures (including all of Article 2the items located Tenant's Data Center) shall remain Tenant's property throughout the Term and shall be removed by Tenant upon the termination of this Lease or of Tenant's right to possession. Unless Landlord agrees otherwise in writing, in which case Tenant shall so not remove same. Landlord shall have no obligations to reimburse Tenant any HVAC equipment (except for all the chillers and cooling equipment specifically installed for and which exclusively serves the Data Center), light fixtures or any portion of the cost or value of any such modificationsdrop ceiling without Landlord's prior written consent, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property may withhold in its sole and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantabsolute discretion.
Appears in 1 contract
Samples: Lease (Navisite Inc)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 the Article above. At the expiration or sooner termination of this Lease, the Lease all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises Premise as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with by giving Tenant written notice of such requirement at the provisions time of Article 2consent, in which case Tenant shall so remove samesame on or before the expiration of the Lease Term (including extensions thereof). Landlord shall not require Tenant to remove any of the Initial Tenant Improvements. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property property, and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Sublease (@Road, Inc)
Ownership of Improvements. All modificationsinstallations, alterations additions, partitions, hardware, fixtures and improvements, temporary or permanent (including Tenant Alterations), except movable furniture and equipment and other personal property or trade fixtures belonging to Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, shall, upon the expiration or termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall remain upon the Premises, all without compensation, allowance, or credit to Tenant; provided, however, that if at the time Landlord consents to Tenant’s installation of Tenant Alterations or other installations, additions, partitions, hardware, fixtures and improvements made or added at any other time prior to the Leased Premises by Tenant (other than expiration or termination of this Lease or Tenant’s inventoryright to possession, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part Landlord requires removal of the Leased Premisessame upon such expiration or termination and specifies the same in writing to Tenant, but then Tenant, at Tenant’s sole cost and expense, upon expiration or termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, shall remain the property of Tenant during the Leasepromptly remove such designated items, and Tenant hereby covenants shall thereafter repair any damage to the Premises or the Project caused by such removal, failing which Landlord may remove the same and agrees not repair the Premises or the Project, as the case may be, and Tenant shall pay the cost thereof to grant a security interest in Landlord on written demand. Without limitation of the foregoing, if any such items to any party other than of the Tenant Alteration involved the lowering or removal of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant, at Landlord. Any such modifications, alterations or improvements, once completed's request, shall not also be altered obligated to return such surfaces to their condition prior to the commencement of this Lease. Tenant’s failure to perform any work described in this Section 10 on or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At before the expiration or sooner termination of this LeaseLease or Xxxxxx’s right of possession hereunder, all such modificationsshall, alterations and improvements without limitation on other than Tenant’s inventoryrights or remedies available to Landlord, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become give rise to the property right of Landlord to perform such work, and Tenant shall be surrendered pay the costs thereof to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantwritten demand.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant. Landlord shall have no lien or interest whatsoever in any of Tenant’s property or equipment located in the Leased Premises or elsewhere, and Landlord waives any such liens and interests.
Appears in 1 contract
Ownership of Improvements. All modificationsTENANT shall, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the upon expiration or sooner termination of this Lease, remove all furniture, fixtures, and equipment installed by TENANT, as may be directed by Airport Director. Airport Director reserves the right to determine what furniture, fixtures, and equipment shall remain in the Leased Premises and become property of the Airport. TENANT shall remove any brand proprietary property, inventory, and other personal property and leave the Leased Premises in broom-clean condition. Any damage to the Leased Premises caused by TENANT’s removal of such modificationsfurniture, alterations and improvements other than Tenant’s inventoryfixtures, equipment, movable or property shall be immediately repaired by TENANT at TENANT’s expense and to the satisfaction of Airport Director. Notwithstanding the foregoing, if TENANT fails to remove such furniture, wall decorations and trade fixtures, shall automatically become equipment, or property within ten (10) days from the property date of Landlord and termination of this Lease, then TENANT shall be surrendered deemed to Landlord as part have abandoned same, and COUNTY shall have the right, at its option, and in its sole discretion, to take title to said furniture, fixtures, equipment and/or property and sell, salvage, or dispose of the same in any manner permitted by law. TENANT shall have no right, interest, or claim in or to any proceeds of the sale or other disposition of such items. Any net expense COUNTY incurs in disposing of such items shall be immediately reimbursed by TENANT. No act by COUNTY shall be deemed an acceptance of a surrender of the Leased Premises. No acceptance of a surrender of the Leased Premises as required pursuant shall be valid unless it is in writing and signed by COUNTY. In the event TENANT is unable to Article 2complete any necessary repairs, unless Landlord Airport Director may cause to be made or make any necessary repairs or replacements, and the cost thereof shall require Tenant be paid by TENANT. Said cost shall include all labor, materials, equipment, and an administrative fee equal to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion fifteen percent (15%) of the cost or value sum of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantthose items.
Appears in 1 contract
Samples: Concession Lease
Ownership of Improvements. All modificationsimprovements and fixtures existing on the Premises, alterations including (without limiting the generality of the foregoing) all wallcoverings, carpeting, flooring, built-in cabinet work, paneling and the like, all electrical, mechanical, and plumbing equipment and related ducts, shafts, and conduits, all exterior venting fume hoods, walk-in freezers and refrigerators, clean-rooms, climatized rooms, electrical panels and power back-up distribution systems, shall be the property of Landlord and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Lease Term. In the event that Tenant desires to make any alterations, additions or improvements made upon the Premises during the Lease Term, Tenant shall submit to Landlord proposed final plans therefor, together with an identification (the "Identification Notice") of which of the proposed alterations, additions or added improvements Tenant elects to remain property of Tenant to be removed by Tenant at the end of the Lease Term (each a "Tenant-Owned Alteration"). If Landlord fails to respond in writing to the Leased Premises by Tenant Identification Notice within fifteen (other than Tenant’s inventory15) days after Landlord's receipt of the Identification Notice, equipment, movable furniture, wall decorations and trade fixtures) then Landlord shall be deemed real to have consented that any proposed alteration, addition or improvement expressly designated as a Tenant-Owned Alteration shall become property of Tenant. All other proposed alterations, additions and improvements shall become the property of Landlord (each a "Landlord-Owned Alteration"). If Tenant thereafter elects to make such proposed alterations, additions or improvements, then (a) all Landlord-Owned Alterations shall become property of Landlord and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Leased PremisesLease Term, but and (b) all Tenant-Owned Alterations shall remain the property of Tenant and shall be removed by Tenant at or prior to the end of the Lease Term. Tenant shall repair all damage resulting from its removal of Tenant-Owned Alterations, and restore the affected area to the condition existing prior to installation of Tenant-Owned Alterations. Nothing in the foregoing shall be construed to imply that Tenant's Equipment (as defined in Paragraph 13.2 below) or other property of Tenant may become the property of Landlord. All articles of personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease, and Tenant hereby covenants and agrees provided that removal of the same shall not to grant a security interest in any such items to any party other than Landlordmaterially affect or damage the Building's electrical, mechanical, or plumbing systems. Any such modifications, alterations or improvements, once completed, items of Tenant's improvements which are paid for by Landlord shall belong to Landlord and shall not be altered or removed regarded as owned by Tenant. If Tenant shall fail to remove all of its effects from the Leased Premises during upon termination of this Lease for any cause whatsoever, Landlord, at its option, upon written notification to Tenant, may remove the Lease Term same in any manner that Landlord shall choose and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and reasonable attorneys' fees and storage charges on such effects, for any length of time that the same shall be in Landlord’s written approval first obtained in accordance with 's possession. If Tenant shall fail to remove all of its effects from the provisions of Paragraph 6.1 above. At the expiration or sooner Premises upon termination of this Lease, all Landlord, at its option, without notice, may sell said effects, or any of the same, at private sale and without legal process, for such modifications, alterations price as Landlord may obtain and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become apply the property proceeds of such sale upon the amounts due under this Lease from Tenant to Landlord and shall be surrendered to Landlord as part of upon the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached expense incident to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property removal and a part sale of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantsaid effects.
Appears in 1 contract
Samples: Single Tenant Lease (Illumina Inc)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph Article 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s 's inventory, personal property, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease Agreement (Silicon Image Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (Tenant, other than “Tenant’s Removable Property” (defined herein as Tenant’s inventory, equipment, movable furniture, wall decorations and unattached trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to Building 4 any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or (except for Tenant’s Removable Property) removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord upon the expiration or earlier termination of this Lease, other than any items of laboratory equipment that were installed by Tenant at its expense or with the Tenant Improvement Allowance that is used for Tenant’s particular use, as opposed to life science uses generally, or is subject to a lender’s security lien that had been disclosed to the Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant during the Lease Term (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixturesFurniture) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease Term. At the expiration of the Lease Term as to a Portion of the Leased Premises or upon the earlier termination of the Lease, all such modifications, alterations and improvements shall automatically become the property of Landlord and shall be surrendered as part of the Leased Premises in accordance with Article 2 unless Landlord shall require Tenant to remove any such modification, alteration or improvement pursuant to the provisions of Article 2. Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioningbuilding wall partitions, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 22 (subject to Landlord’s waiver of such requirement pursuant to Paragraph 6.1), in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating electrical and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and Any improvements made or added to constructed on the Leased Premises by the Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) or a subtenant of the Tenant shall be deemed real property and a part of the Leased Premises, but shall at all times remain the property of the Tenant during or such subtenant until the expiration or earlier termination of this Ground Lease. Upon expiration or earlier termination of this Ground Lease, the Tenant shall surrender to the Landlord the Premises, and all buildings and other improvements then located thereon, all of which shall thereupon become the sole and absolute property of the Landlord. Upon expiration or earlier termination of this Ground Lease or any sublease, neither the Tenant hereby covenants nor any subtenant shall have the right or the obligation to remove or change such improvements; provided, however, that upon termination of this Ground Lease, the Tenant or any subtenant may remove all furniture, furnishings, movable fixtures and agrees not to grant a security interest in equipment owned by the Tenant or any such items to any party other than Landlordsubtenant of the Tenant (which shall include the Tenant's or subtenant's equipment associated with the Tenant's operations). Any such modificationsremoval shall be accompanied in a good and workmanlike manner so as not to damage the Premises or the improvements located thereon, alterations and the Tenant shall promptly repair any and all damage resulting from such removal. Any personal property of the Tenant or improvementsany subtenant which shall remain in any buildings on the Property after the termination of this Ground Lease or any sublease may, once completedat the option of the Landlord, be deemed to have been abandoned by the Tenant or any such subtenant and either may be retained by the Landlord as its property or be disposed of without accountability in such manner as the Landlord may deem fit. The Landlord shall not be altered responsible for any loss or removed from damage occurring to any property owned by the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantsubtenant.
Appears in 1 contract
Samples: Ground Lease Agreement (Inland Western Retail Real Estate Trust Inc)
Ownership of Improvements. All modificationsExcept as otherwise set forth herein, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventoryall Work as defined in this Section 6, partitions, hardware, equipment, movable furniturekitchen equipment and appliances, wall decorations machinery and all other improvements and all fixtures (excluding all trade fixtures) shall be deemed real property and a part of the Leased Premises, but fixtures which shall remain the sole property of Tenant), installed or constructed in the Premises by either Landlord or Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without become Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord upon installation without compensation to Tenant and shall be surrendered to Landlord as part with the Premises at the termination of the Leased Lease or of Tenant’s right to possession. Prior to the date of this Lease, Landlord and Tenant performed a joint inspection of the Premises to identify those improvements existing as of the date of this Lease, the removal of which (including all associated equipment and appurtenances) Landlord and Tenant agree Tenant shall be responsible, at its sole cost and expense, within thirty (30) days following the expiration or earlier termination of the Term. A detailed description of such improvements is set forth on Appendix E attached hereto. During the aforementioned 30-day period Tenant shall, at its sole cost and expense, also repair any damage caused by the removal of such improvements. In removing the security access control system (item number 30 of Appendix E) Tenant will be responsible for leaving the Premises in a “lockable” condition. Notwithstanding the foregoing, Landlord and Tenant agree that with respect to the exterior generator (item number 15 of Appendix E), the exterior HVAC system (item numbers 1 through 6 and 9 through 14 of Appendix E) and the exterior security cameras (item number 31 of Appendix E) Tenant may elect, in its sole discretion, whether to remove such improvements from the Premises; provided, however, if Tenant elects not to remove the exterior generator, then Tenant shall not be permitted to remove such generator’s transfer switch (item number 34 of Appendix E). In the event Tenant elects to remove the exterior generator, then Tenant shall also be responsible, at its sole cost and expense, for the removal of the generator’s associated fuel tanks, the concrete pad upon which the generator is located, and the associated screen walls as well as the restoration of that portion of the parking area upon which the generator is located. Additionally, if Tenant elects to remove the exterior generator, then the removal of the associated transfer switch shall include the removal of all associated cable. In the event Tenant elects to remove the exterior HVAC system, then Tenant shall also be responsible, at its sole cost and expense, for the removal of the associated above-ground conduit, the concrete pads upon which the HVAC system is located, and the associated screen walls as well as the restoration of the Building’s exterior walls by the patching of any holes that remain as a result of the conduit’s removal. If Tenant shall elect to remove the exterior security cameras, Tenant shall also be responsible, at its sole cost and expense, for the restoration of the Building’s exterior walls by the patching of any holes that remain as a result of the cameras’ removal. The parties understand and agree that any items of improvements not specifically identified on Appendix E shall remain in the Premises upon the expiration or earlier termination of the Term of the Lease. At such time as Landlord approves any improvement intended to be made to the Premises after the Commencement Date, Landlord shall also make a reasonable determination of whether it will require Tenant, at Tenant’s sole cost and expense, within thirty (30) days following the expiration or earlier termination of the Term, to remove such future improvement and restore the Premises to its condition immediately prior to the installation of the improvement. In the event Landlord fails to notify Tenant of such determination at the time it approves an improvement, Tenant shall be entitled, at its election, to either remove or leave such future improvement in the Premises at the expiration or earlier termination of the Term. Notwithstanding the foregoing, regardless of whether Landlord makes or fails to make a determination as to removal and restoration, Tenant will nevertheless be required, at its sole cost and expense, to repair any damage caused by the removal of a future improvement. If Tenant does not remove any improvement when and as required pursuant to Article 2this Section 6.5, unless then, at Landlord’s election, Tenant shall be conclusively presumed to have: (i) conveyed such improvement to Landlord shall require Tenant to remove any of without compensation, or (ii) abandoned such modifications, alterations or improvements in accordance with the provisions of Article 2, improvement in which case event Landlord may dispose of all or any part thereof in any reasonable manner at Tenant’s sole cost without liability to Tenant shall so remove sameor any other person. Landlord shall have no obligations duty to reimburse Tenant for all or any portion of the cost or value be a bailee of any such modificationsimprovements. If Landlord elects abandonment, alterations or improvements so surrendered Tenant shall pay to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property upon demand, any reasonable and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantdocumented expenses incurred for disposition.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant Subtenant (other than TenantSubtenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant Subtenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordSublease. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Sublease Term without both (i) Sublandlord’s written approval first obtained pursuant to the terms, covenants and conditions of this Sublease and (ii) Head Landlord’s written approval first obtained in accordance with pursuant to the provisions terms, covenants and conditions of Paragraph 6.1 abovethe Head Lease. At the expiration or sooner termination of this LeaseSublease, all such modifications, alterations and improvements not required to be restored to their original delivery condition (other than TenantSubtenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord Sublandlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord Subtenant shall require Tenant be required to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 22 or Section 6.1, in which case Tenant Subtenant shall so remove the same. Landlord Sublandlord shall have no obligations to reimburse Tenant Subtenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlordsurrendered. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Head Landlord and/or at Head Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property surrendered upon the expiration date of Landlordthis Sublease. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant Subtenant shall be deemed improvements or alterations to the Leased Premises Premises, as the case may be, and not trade fixtures of Tenant.Subtenant. Sublandlord shall have no lien or interest whatsoever in any of Subtenant’s personal property or equipment located in the Leased Premises or elsewhere, and Sublandlord waives any such liens and interests and Sublandlord hereby agrees to execute (and agrees to use reasonable efforts to cause Head Landlord to execute at Subtenant’s cost and expense) a commercially reasonable Sublandlord and Head Landlord waiver with respect thereto in favor of any lender or equipment lessor to the extent the same is requested by Subtenant in writing and provided the same is written substantially in the form attached to the Head Lease as Exhibit F.
Appears in 1 contract
Samples: Sublease (Juniper Networks Inc)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph Article 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, . in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Short Term Lease (Echelon Corp)
Ownership of Improvements. All modificationspresent and future immovable alterations, alterations and additions or improvements made in, on or added to the Leased Premises Premises, by Tenant either party, including, without (other than Tenant’s inventorylimitation, equipment, movable furniture, wall decorations all equipment and non-trade fixtures, light fixtures, roof-top air-conditioning units, pipes, ducts, conduits, plumbing, wiring, paneling, partitions, mezzanines, floors, floor and wall coverings, and similar items (the "Leasehold Improvements") shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and unless Landlord directs otherwise, shall remain upon and be surrendered to Landlord with the Premises as part thereof in good order, condition and repair, ordinary wear and tear, and damage caused by fire or other casualty excepted, upon Tenant's vacation or abandonment of the Leased Premises as required pursuant to Article 2Premises. If Landlord directs, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any a portion of the cost Leasehold Improvements in the Premises on or value immediately prior to the Scheduled Termination Date or 5 business days after the termination of any such modificationsTenant's right to possession, alterations or improvements so surrendered to Landlordwhichever is earlier. Tenant shall remove the vault, counters, office equipment, safe deposit boxes, security systems and ATM and related equipment. All modificationsmovable goods, alterations or improvements inventory, furniture, trade fixtures and other movable personal property belonging to Tenant which are installed or constructed on or attached stored in the Premises by Tenant and are not permanently affixed to the Leased Premises by Landlord and/or at Landlord’s expense Premises, shall be deemed real remain Tenant's property and a part of the Leased Premises ("Tenant's Property") and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed removed by Tenant on or prior to the Scheduled Termination Date (or within 5 business days after the termination of Tenant's right to possession of the Premises, whichever is applicable) provided that: (i) Tenant is not in default under this Lease; and (ii) Tenant shall immediately repair any damage to the Premises caused by the removal of any of Tenant's Property and restore the Premises to the same condition as existed prior to the installation of such property. Tenant hereby grants Landlord a security interest in Tenant's Property, and all of the proceeds thereof, to secure the performance of all of Tenant's obligations under this Lease. Upon Tenant's default under this Lease, Landlord shall have all remedies available under this Lease and the Uniform Commercial Code enacted in the State or Commonwealth in which the Premises are located. At LandLord's request, Tenant shall execute and deliver, from time to time, financing statements for the purpose of perfecting and maintaining the priority of the security interest granted to Landlord under this Section 9.5, The lien granted by this Section 9.5 shall be deemed improvements in addition to the Leased Premises and not trade fixtures of Tenantany Landlord's lien that may now or at any time hereafter be provided by law.
Appears in 1 contract
Ownership of Improvements. Title to all Improvements, including the Project to be constructed on the Premises by Xxxxxx, shall be owned by Tenant until expiration of the Term or earlier termination of this Lease, including, without limitation, termination by Landlord upon an Event of Default or rejection of this Lease under any bankruptcy proceedings. All modificationsImprovements on the Premises, alterations including the Project, shall, at the expiration of the Term or earlier termination of this Lease, without compensation to Tenant, automatically and improvements made without any act of Tenant or added any third party become Landlord’s property, unless Landlord enters into a New Lease (as such term is defined in Section 6.08) with Lender (hereinafter defined) or Lender’s assignee pursuant to Section 6.08 of this Lease. Tenant shall surrender the Improvements to Landlord at the expiration of the Term or earlier termination of this Lease, free and clear of all liens and encumbrances, other than those, if any, expressly permitted under this Lease to survive the expiration of the Term or earlier termination of this Lease, or otherwise created or consented to by Landlord. After expiration or earlier termination of this Lease, Xxxxxx agrees to execute, acknowledge, and deliver to Landlord any instrument requested by Landlord as necessary in Landlord’s opinion to perfect Landlord’s right, title, and interest to the Leased Premises Improvements and the Premises. The term “Improvements” shall not include trade fixtures and furnishings installed by or under Tenant (other than or Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but subtenants which shall remain the property of Tenant or its subtenants and shall be removable at any time during the Lease, Term at the sole cost and Tenant hereby covenants and agrees not expense of the person removing the same who shall repair any damage or injury to grant a security interest the Improvements occasioned by the removal thereof. The exercise of the Purchase Right (as defined in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, Section 12.05(a)) shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner treated as an early termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property Lease for purposes of Landlord and shall be surrendered to Landlord as part this Section 5.08. Ground Lease Hall of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.Fame Village
Appears in 1 contract
Samples: Ground Lease (Hall of Fame Resort & Entertainment Co)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 the Article above. At the expiration or sooner termination of this the Lease, all such modifications, alterations and improvements (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises Premise as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2improvements, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property property, and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.’s
Appears in 1 contract
Samples: Lease Agreement (Silicon Image Inc)
Ownership of Improvements. All modificationsDuring the term of this Lease all movable trade fixtures and equipment (collectively, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures"TENANT'S PERSONAL PROPERLY") shall remain and continue to be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant and may be replaced at any time and from time to time during the term of this Lease. Tenant's Personal Property may be removed at the expiration or earlier termination of this Lease if Tenant repairs any damage to the Improvements caused by such removal and the removal does not affect or in any way weaken the structural integrity of the Improvements; provided that no such repair shall be required, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modificationsthe structural integrity of the Improvements may be affected or weakened, alterations or improvements, once completed, shall not if Landlord requires that the Improvements be altered or removed from the Land, and if Tenant removes the Improvements as provided in this Section 2.11. Title to the Improvements constructed on the Leased Premises during shall be vested in Tenant. All such Improvements shall remain on the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations Leased Premises and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part upon the expiration or earlier termination of the Leased Premises as required pursuant to Article 2, this Lease unless Landlord shall require gives written notice to Tenant that any or all such Improvements are to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2be removed, in which case Tenant shall so remove same. Landlord shall have no obligations the same and regrade the Land to reimburse Tenant for all or any portion a finish grade in accordance with Landlord's reasonable requirements, at Tenant's sole cost and expense, within sixty (60) days of the cost expiration or value earlier termination of any such modificationsthis Lease or notice from Landlord, alterations or improvements so surrendered whichever is later, as to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part that portion of the Leased Premises upon which such Improvement to be removed is situated. If Tenant fails to remove any Improvement, as required by this Paragraph 2.11, then Landlord may undertake and complete such removal, and the cost of such removal, together with interest thereon at the rate of fifteen percent (15%) per annum, shall be property of payable on demand from Tenant to Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease Agreement (Grand Casinos Inc)
Ownership of Improvements. All modifications, alterations and 18.1. This Lease will vest in Lessee no property interest in the Premises or in the improvements made or added to the Leased Premises by Tenant (Fixtures thereon other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed a leasehold interest. Title to real property and improvements and Fixtures thereon, including Initial Lessee Improvements, Alterations, Building Maintenance and Preservation Maintenance to Premises but excluding Trade Fixtures shall be and remain solely in Lessor.
18.2. Lessor acknowledges that covenants which allow Lessor certain control and rights of approval over Personal Property items placed upon the Premises by Lessee are provided only to insure conformance with the terms of this Lease, but such covenants do not vest in, nor shall they be construed as vesting in Lessor an ownership interest in such items.
18.3. Upon removal of Personal Property at any time during the Term or upon expiration of this Lease, Lessee shall (a) repair all damage caused by such removal at Lessee’s sole cost and expense and ensure that no safety hazard is created by such removal, (b) cause a part neat appearance to remain in the area of removal, and (c) perform Preservation Maintenance of any damaged area of the Leased Premises.
18.4. Lessor and Lessee agree that sublessees of the Office Space, but shall remain Retail Space and Restaurant Space will install personal property and/or trade fixtures related to their use of Premises and that the property of Tenant during the Leaseownership, installation, and Tenant hereby covenants removal of such property by such sublessees shall be governed by the terms of the sublease between Lessee and agrees not to grant a security interest in its sublessee. At the termination of such subleases, Lessee shall, either at its own expense or at the expense of its sublessees, remove or cause the removal of any such items personal property and trade fixtures and to any party other than Landlord. Any the extent necessary or appropriate by reason of such modifications, alterations or improvements, once completedremoval, shall not be altered perform Preservation Maintenance or removed from cause the Leased Preservation Maintenance of the applicable portion of the Premises during and Building Maintenance of any affected major building systems in the Lease Term without Landlord’s written approval first obtained manner described in Section 34 of this Lease. Lessee shall repair all damage caused by such property removal in accordance with the provisions terms of Paragraph 6.1 Section 18.3 above. At Lessee shall cause any proposed installation, improvements or alterations of the expiration or sooner termination Premises by sublessees to comply with the terms and conditions of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease (Redback Networks Inc)
Ownership of Improvements. All modificationsA. The ownership of furniture, alterations furnishings, fixtures and improvements made equipment that are constructed or added installed on the Premises by AIRLINE is as follows:
1. Title to all such furniture, furnishings, fixtures, or equipment that are removable without causing damage to the Leased Premises by Tenant (other than Tenant’s inventoryPremises, equipmentremains vested in AIRLINE at all times during the term of this Agreement, movable provided, however, that in the event any such removable furniture, wall decorations and trade furnishings, fixtures) , or equipment are financed with the proceeds of tax-exempt bonds, title to such improvements shall be deemed real property and a part of vest in the Leased Premises, but shall remain DOT&PF immediately upon their installation. Unless the property of Tenant during the LeaseAirport Director consents otherwise, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modificationsexcept as provided under Section 4.04.D, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At within thirty (30) days after the expiration or sooner termination of this LeaseAgreement, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered or after any notice given to Landlord as part of the Leased Premises as required pursuant AIRLINE under this Agreement to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for vacate all or any portion of the cost or value of Premises, including any such modificationsnotice under Section 4.04.D, alterations all removable furniture, furnishings, fixtures, and equipment remaining on the Premises will, at the discretion of DOT&PF, become the property of DOT&PF. Alternatively, DOT&PF may sell, modify, destroy or improvements so surrendered otherwise dispose of such unremoved property as it sees fit. AIRLINE shall reimburse DOT&PF within thirty (30) days after invoicing for any net cost DOT&PF may incur in removing and disposing of such property.
2. Title to Landlord. All modifications, alterations any structure or improvements which are installed or constructed on or attached other improvement that cannot be removed without causing damage to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part Premises, in the reasonable determination of the Leased Premises and shall be property Airport Director, vests in DOT&PF upon the expiration or termination of Landlordthis Agreement unless provided otherwise in a successor agreement. All lightingThese improvements include interior walls, plumbingceilings, electricalcarpeting, heatingfinished flooring, ventilating and electrical wiring, air conditioning fixturesducts and equipment, partitioningfurnishings, window coveringsinterior decoration, wall coverings and floor coverings installed by Tenant or finishing.
B. AIRLINE shall be deemed improvements not abandon any property on the Premises, or elsewhere on the Airport, without the advance written consent of the Airport Director. At its sole expense, AIRLINE will restore all damaged DOT&PF property to its previous condition or reimburse DOT&PF for the Leased Premises and not trade fixtures of Tenantexpense to repair any property damage.
Appears in 1 contract
Samples: Operating Agreement
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph Article 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added A. Title to Fixtures on the Leased Premises at the commencement of this Agreement is retained by Tenant (other than Tenant’s inventorythe City. The ownership of all approved Fixtures made by Lessee hereunder shall remain forever after with the City, equipmentas will any and all equipment furnished and installed by the City, movable furnitureas specified in Exhibit B, wall decorations attached hereto. Temporary and trade fixtures) shall be deemed real property non-affixed improvements, equipment and a part of furniture that are furnished by the Leased Premises, but Lessee shall remain the property of Tenant during the LeaseLessee and may be removed at the conclusion of the tenancy.
B. In the event that City consents to the assignment of this Agreement, ownership of all approved Fixtures and Tenant hereby covenants equipment as listed in Exhibits B and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, C shall not be altered or removed from remain on the Leased Premises during under the terms of this Agreement. Airport Restaurant Lease 14
C. In the event of any termination of this Agreement, Lessee shall within thirty (30) days thereafter commence and diligently proceed to remove from said Leased Premises at Lessee's sole cost and expense any and all Personal Property except as listed in Exhibit B, equipment, and furniture constructed and/or supplied by Lessee under this Agreement; provided that if Lessee for any reason fails to do so, then such Personal Property not so removed shall automatically at the end of such thirty (30) days be and become the property of City and the title of Lessee therein shall automatically terminate. The removal of the Personal Property shall not cause any damage to the Lease Term without Landlord’s written approval first obtained Premises, and if there is damage the Lessee shall be responsible for replacing and /or repairing the damage. If Lessee fails to replace or repair the damage the City may deduct the cost to the City from the Security Deposit.
D. Any and all Fixtures on the Leased Premises, including any equipment and furniture, as specified in accordance with the provisions of Paragraph 6.1 above. At Exhibit B, at the expiration of the term (or sooner termination of this LeaseAgreement) shall, without compensation to Lessee become City property free and clear of all claims to or against the improvements by Lessee or any third person, and Lessee shall defend and indemnify the City against all liability and loss arising from such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become claims or from the property City's exercise of Landlord and the rights conferred by this paragraph.
E. A copy of all receipts shall be surrendered provided to Landlord as part of the Leased Premises as required pursuant to Article 2Airport Director for each and every improvement, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value repair and fixture of any such modifications, alterations type made or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to added during the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part term of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantthis Lease.
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All modificationspresent and future alterations, alterations and additions or improvements made in, on or added to the Leased Premises, by either party, including, without limitation, all equipment (other than trade fixtures) and non-trade fixtures, light fixtures, roof-top air-conditioning units, pipes, ducts, conduits, plumbing, wiring, paneling, partitions, mezzanines, floors, floor and wall coverings, and similar items (the "Leasehold Improvements") shall be deemed the property of Landlord and unless Landlord directs otherwise, shall remain upon and be surrendered with the Leased Premises as part thereof in good order, condition and repair, ordinary wear and tear excepted, upon Tenant's vacation or abandonment of the Leased Premises. If Landlord directs, Tenant shall remove all or a portion of the Leasehold Improvements in the Leased Premises on or immediately prior to the Termination Date or the termination of Tenant's right to possession and shall restore the Leased Premises to the same condition as existed prior to the installation of such property. All movable goods, inventory, furniture, trade fixtures and other movable personal property belonging to Tenant which are installed or stored in the Leased Premises by Tenant (other than Tenant’s inventoryand are not permanently affixed to the Leased Premises, equipment, movable furniture, wall decorations and all trade equipment and trade fixtures, whether or not affixed to the Leased Premises shall remain Tenant's property ("Tenant's Property") and shall be deemed real property and a part removed by Tenant on or prior to the Termination Date (or the termination of Tenant's right to possession of the Leased Premises, but whichever is applicable) provided that Tenant shall remain immediately repair any damage to the property Leased Premises caused by the removal of Tenant during any of Tenant's Property and restore the Lease, and Leased Premises to the same condition as existed prior to the installation of such property. Tenant hereby covenants and agrees not to grant grants Landlord a security interest in any such items Tenant's Property, and all of the proceeds thereof, to secure the performance of all of Tenant's obligations under this Lease. Upon Tenant's default under this Lease, Landlord shall have all remedies available under this Lease and the Uniform Commercial Code enacted in the state in which the Leased Premises is located. At Landlord's request Tenant shall execute and deliver, from time to time, financing statements for the purpose of perfecting and maintaining the priority of the security interest granted to Landlord under this Section 9.5. The lien granted by this Section 9.5 shall be in addition to any party other than Landlord's lien that may now or at any time hereafter be provided by law. Any Notwithstanding the foregoing, provided Tenant is not in default hereunder, Landlord agrees to subordinate its security interest as described in this Section 9.5 to Tenant's lenders ("Lender"), if any, requiring a priority position under the following circumstances:
(a) Lender is financing Tenant's purchase of the equipment or inventory in which Landlord is subordinating its security interest (the "Equipment");
(b) that Tenant shall furnish Landlord with a complete schedule of the Equipment financed pursuant to the terms hereof, which schedule shall be updated in the event of any changes;
(c) that Tenant shall be prohibited from financing any non-moveable fixture or permanent improvement to the leasehold;
(d) that Tenant shall cause any and all Lenders to give Landlord notice of any public or private sale by such modificationsLender of Tenant's Equipment;
(e) that no public or private sale by any Lender shall be held on the Leased Premises; and
(f) Lender can enter the Leased Premises for purpose of removal of the Equipment only if:
(1) permitted by the agreement between Lender and Tenant, alterations and
(2) Lender agrees to restore or improvementsrepair all damage to the Leased Premises caused by such removal, once completed, shall not be altered and
(3) Lender gives Landlord notice in the event that any of Tenant's moveable trade fixtures or Equipment are removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained Premises, and
(4) Lender indemnifies Landlord for any claim, liability or expense (including reasonable attorney's fees) arising out of or in accordance connection with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part Lender's removal of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to Equipment and Lender's entry and activities upon the Leased Premises by Premises.
(g) Landlord's subordination shall not be effective unless and until a separate agreement is entered into between Lender and Landlord and/or at Landlord’s expense shall be deemed real property respecting the foregoing items. The statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantsupplementary thereto.
Appears in 1 contract
Samples: Lease Agreement (First Capital Income Properties LTD Series Viii)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (Tenant, other than “Tenant’s Removable Property” (defined herein as Tenant’s inventory, equipment, movable furniture, wall decorations and unattached trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or (except for Tenant’s Removable Property) removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord upon the expiration or earlier termination of this Lease, other than any items of laboratory equipment that were installed by Tenant at its expense or with the Tenant Improvement Allowance that is used for Tenant’s particular use, as opposed to life science uses generally, or is subject to a lender’s security lien that had been disclosed to the Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning HVAC fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.. Building 3
Appears in 1 contract
Ownership of Improvements. All modificationsExcept as provided in Section 9.5, alterations all Tenant Improvement Work, Alterations, and improvements made or added to the Leased Premises by Tenant (any other than Tenant’s inventoryappurtenances, fixtures, improvements, equipment, movable furnitureadditions and property permanently attached to or installed in the Premises at the commencement of or during the Term, wall decorations and trade fixtures) shall be deemed real property and a part at the end of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without become Landlord’s written approval first obtained property without compensation to Tenant, or be removed in accordance with this Section. Upon written request by Tenant, Landlord shall notify Tenant in writing at the provisions time of Paragraph 6.1 aboveLandlord’s approval of Alterations whether or not the proposed Alterations will be required to be removed by Tenant at the end of the Term. At Tenant shall have no obligation to remove any (a) Alterations that Landlord has not designated in writing for removal, or (b) the expiration Tenant Improvement Work. Tenant shall repair or sooner pay the cost of repairing any damage to the Premises caused by the removal of Alterations. If Tenant fails to perform its repair obligations, without limiting any other right or remedy, Landlord may on five (5) business days prior written notice to Tenant perform such obligations at Tenant’s expense and Tenant shall reimburse Landlord within twenty (20) days after demand for all reasonable out-of-pocket costs and expenses incurred by Landlord in connection with such repair. Tenant’s obligations under this Section shall survive the termination of this Lease. Notwithstanding the foregoing, all such modificationswet laboratory case work, alterations fume hoods, flow hoods, high density filing systems and improvements other than cabinets, computing and telecommunications equipment, appliances and Tenant’s inventoryProperty will be considered trade fixtures owned by Tenant, equipmentand subject to Section 9.5, movable furniture, wall decorations and trade fixtures, Tenant shall automatically become have the property of Landlord and shall be surrendered right to Landlord as part remove or leave them at the end of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of TenantTerm.
Appears in 1 contract
Ownership of Improvements. All modifications, of the Improvements of any nature constructed by Xxxxxx on the St. Xxxxxxx Xxxxxx including the Lessee Improvements and alterations of the Lessee Improvements and improvements other alterations made or added pursuant to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) provisions of this Lease shall be deemed real property owned by and a part of the Leased Premises, but shall remain be the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises Lessor during the Lease Term without Landlord’s written approval first obtained in accordance with Term. Upon the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become whether by expiration of the property term hereof or by reason of Landlord and shall be surrendered to Landlord as default on the part of Lessee, or for any other reason whatsoever, the Leased Premises as required pursuant Improvements (including the Lessee Improvements), and all parts thereof shall merge with the title of the land, free of any claim of Lessee and all persons and corporations (subject to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2XIV hereof with respect to the rights of Leasehold Mortgagees holding Leasehold Mortgages, as both such terms are hereinafter defined it being understood that the Leasehold Mortgage should in no event have a maturity date which extends beyond the Expiration Date) claiming under or through Lessee (except for purchase money security interests in equipment and except for trade fixtures and personal property of Lessee that can be removed without damage to the Improvements). Lessee shall deliver the St. Xxxxxxx Xxxxxx to Lessor in reasonably good condition, ordinary wear and tear excepted, upon the termination or expiration of the Lease Term. Upon the termination of this Lease, Xxxxxx, at Xxxxxx's request, will execute a recordable instrument evidencing the termination of this Lease and stating the termination date. Notwithstanding anything herein to the contrary, in which case Tenant shall so remove same. Landlord shall have no obligations the event the Lease terminates prior to reimburse Tenant Lessee receiving its expenditures for all or any portion of the cost or value of any such modifications, alterations or capital improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and Property, Lessor will ensure Lessee receives a part return of its expenditures for capital improvements on the Leased Premises and shall be property Property as well as a reasonable rate of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to return on its investment on the Leased Premises and not trade fixtures of TenantLessor’s property.
Appears in 1 contract
Samples: Ground Lease
Ownership of Improvements. All modificationsExcept as provided herein, alterations from the date of this Lease and improvements made continuing through expiration or added to termination all Facilities constructed on the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) Lessee shall be deemed real property vested in and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 aboveowned by Xxxxxx. At the expiration or sooner termination of this Lease, all Facilities constructed on the Premises by Xxxxxx and all Lessee’s Personal Property and fixtures at the Premises acquired as a Project Cost shall vest in and be owned by District, and Xxxxxx shall deliver all Facilities to District in the condition required by Section 31 above. Assuming District has not elected to have Lessee raze the Facilities at the expiration of the Term of this Lease, in the event the Facilities are not delivered to District in the condition required by Section 31 above, District shall give notice to Lessee that it intends to perform the necessary maintenance and repairs if Lessee does not do so within ninety (90) days. Alternatively, Lessee, within such modifications90-day period may submit evidence as to why the condition it left the Facilities was in compliance with this Lease. If Lessee and District agree on the required maintenance and repairs and Lessee chooses to let District perform the same, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, Lessee shall automatically become the property of Landlord be liable to and shall be surrendered to Landlord as part reimburse District for fifty percent (50%) of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value costs of any such modificationsexpenditures made in excess of the amount in the Capital Replacement Reserve and the reserve maintained to raze the Facilities. If requested by Xxxxxx, alterations any Leasehold Mortgagee or improvements so surrendered title insurance company, District agrees to Landlordexecute and deliver to Lessee within thirty (30) days after request therefor, a quit-claim deed in recordable form conveying or confirming title in Lessee to all Facilities and any and all fixtures located at the Premises, and a quit-claim bill of sale conveying or confirming title in Lessee to any and all Lessee’s Personal Property at the Premises. All modifications, alterations or improvements which are such Facilities constructed and fixtures installed or constructed on or attached to upon the Leased Premises by Landlord and/or at Landlord’s expense Xxxxxx are and shall be deemed remain real property and a part of may not be severed from this Lease or the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantleasehold estate created hereby.
Appears in 1 contract
Samples: Development Ground Lease
Ownership of Improvements. All modificationsimprovements and fixtures existing on the Premises, alterations the Building and the Project including (without limiting the generality of the foregoing) all wallcoverings, carpeting, flooring, built-in cabinet work, paneling and the like, all HVAC system that are installed on the Premises for Tenant’s laboratory or specific use (“Special HVAC”), electrical, mechanical, and plumbing equipment and related ducts, shafts, and conduits, all exterior venting fume hoods, walk-in freezers and refrigerators, clean-rooms, climatized rooms, electrical panels and power back-up distribution systems shall be the property of Landlord and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Lease Term. In the event that Tenant desires to make any alterations, additions or improvements made upon the Premises during the Lease Term, Tenant shall submit to Landlord proposed final plans therefor, together with a request (the “Identification Notice”) that Landlord identify to Tenant in writing which of the proposed alterations, additions or added improvements Landlord elects to remain property of Tenant to be removed by Tenant at the end of the Lease Term (each a “Tenant-Owned Alteration”). If Landlord fails to respond in writing to the Leased Premises by Tenant Identification Notice (other than or fails to designate in writing a proposed alteration, addition or improvement as a Tenant-Owned Alteration) within fifteen (15) days after Landlord’s inventoryreceipt of the Identification Notice, equipment, movable furniture, wall decorations and trade fixtures) then Landlord shall be deemed real to have elected to have any proposed alteration, addition or improvement not expressly designated as a Tenant-Owned Alteration within such fifteen (15) day period become property of Landlord (each a “Landlord-Owned Alteration”). If Tenant thereafter elects to make such proposed alterations, additions or improvements, then (a) all Landlord-Owned Alterations shall become property of Landlord and shall remain upon, and be surrendered with, the Premises, as a part thereof, at the end of the Leased PremisesLease Term, but and (b) all Tenant-Owned Alterations shall remain the property of Tenant and shall be removed by Tenant at or prior to the end of the Lease Term. Tenant shall repair all damage resulting from its removal of Tenant-Owned Alterations, and restore the affected area to the condition existing prior to installation of Tenant-Owned Alterations. Nothing in the foregoing shall be construed to imply that Tenant’s Equipment (as defined in Paragraph 13.2 below) or other property of Tenant may become the property of Landlord. All articles of personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease, and Tenant hereby covenants and agrees provided that removal of the same shall not to grant a security interest in any such items to any party other than Landlordmaterially affect or damage the Building’s or Project’s electrical, mechanical, or plumbing systems. Any such modificationsitems of Tenant’s improvements which are paid for by Landlord, alterations or improvementsshall belong to Landlord and shall not be regarded as owned by Tenant. Notwithstanding the foregoing, once completedat Landlord’s option to be determined by written notice to Tenant at least nine (9) months before the last day of the then applicable Lease Term, the personal property and trade fixtures acquired by Tenant and paid from the Tenant Improvement Allowance in accordance with Paragraph 4.5 shall belong to Tenant, shall not be altered or regarded as owned by Landlord and shall be removed from the Leased Premises during by Tenant at the end of the Lease Term Term. If Tenant does not receive such notice from Landlord at least nine (9) months before the last day of the then applicable Lease Term, all such personal property and trade fixtures shall become the property of Landlord at the end of the Lease Term. If Tenant shall fail to remove all of its effects from the Premises upon termination of this Lease for any cause whatsoever, Landlord, at its option, upon written notification to Tenant, may remove the same in any manner that Landlord shall choose and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and reasonable attorneys’ fees and storage charges on such effects, for any length of time that the same shall be in Landlord’s written approval first obtained in accordance with possession. If Tenant shall fail to remove all of its effects from the provisions of Paragraph 6.1 above. At the expiration or sooner Premises upon termination of this Lease, all Landlord, at its option, without notice, may sell said effects, or any of the same, at private sale and without legal process, for such modifications, alterations price as Landlord may obtain and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become apply the property proceeds of such sale upon the amounts due under this Lease from Tenant to Landlord and upon the expense incident to the removal and sale of said effects. Tenant shall not be surrendered to Landlord as part responsible for any restoration (or removal) of the Leased Premises as required pursuant to Article 2, unless Landlord shall require fixed Tenant to remove any of such modifications, alterations or improvements Improvements performed in accordance with Paragraph 4.5 and the provisions of Article 2Work Letter, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by except that Tenant shall be deemed improvements to the Leased Premises and not responsible for repairing any damage in removing its personal property or trade fixtures of Tenantfixtures.
Appears in 1 contract
Samples: Lease (Nuvelo Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but Premises and shall remain the automatically become property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, other than those not requiring Landlord’s prior consent, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2Section 6.1, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to LandlordLandlord or removed by Tenant or for the cost of removal. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant. For the avoidance of doubt, the items listed in Exhibit E shall be at all times considered trade fixtures.
Appears in 1 contract
Samples: Office Lease (Cortina Systems Inc)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations alternations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph 6.1 aboveabove unless Landlord has notified Tenant that it will require removal of such modifications, alterations or improvements at the end of the Lease Term. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations alternations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modificationsimprovements, alterations immovable fixtures, and improvements made or added additions to the Leased Premises shall become and remain the property of Landlord, subject to Tenant’s leasehold interest hereunder. However, Landlord shall not remove any such improvements fixtures or additions at any time during the term of this Lease. Notwithstanding the foregoing, any trade fixtures, business equipment, inventory, trademarked items, signs, and other removable personal property owned by Tenant (other than “Tenant’s inventoryProperty”), equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant. Landlord agrees that Tenant shall have the right, at any time or from time to time, to remove any and all of Tenant’s Property. Tenant, at its expense, shall immediately repair any damage occasioned by the removal of Tenant’s Property and upon expiration or earlier terminateion of this Lease, shall leave the Premises in the same condition as it was upon execution of this Lease, free of debris, normal wear and tear and loss due to casualty or condemnation excepted (subsect to Tenant’s obligation to assign and pay over insurance proceeds as described herein). With respect to harvestable items located on the Premises (the “Harvestable Property”), Tenant shall be free, during the Leaseterm and any renewal thereof, to harvest such Harvestable Property at an unrestricted rate and Tenant hereby covenants and agrees not without compensation to grant a security interest in any such items to any party other than Landlord. Any such modificationsLandlord (the “Harvest Right”), alterations or improvementsprovided that, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner upon termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventoryHarvest Right shall cease. In addition, equipmentduring the term and any renewal hereof, movable furnitureneither Landlord nor Tenant shall cause or allow the Harvestable Property to be encumbered by any lien, wall decorations and trade fixturesrestriction, shall automatically become security interest or other encumbrance. Notwithstanding the property of Landlord and foregoing, Tenant may grant Tenant’s lender a lien on the Harvestable Property provided that such lien shall be surrendered to Landlord as part released upon termination or expiration of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Brickman Group LTD)
Ownership of Improvements. All modificationsinstallations, alterations additions, partitions, hardware, fixtures and improvements, temporary or permanent (including Tenant Alterations), except movable furniture and equipment and other personal property or trade fixtures belonging to Tenant, and except as may be otherwise agreed by Landlord and Tenant pursuant to the Workletter, in or upon the Premises, whether placed there by Tenant or Landlord, shall, upon the termination of this lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, become Landlord’s property and shall remain upon the Premises, all without compensation, allowance or credit to Tenant; provided, however, that if at the time Landlord consents to Tenant’s installation of Tenant Alterations or other installations, additions, partitions, hardware, fixtures and improvements made or added at any other time prior to the Leased Premises by Tenant (other than termination of this lease or Tenant’s inventoryright to possession, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part Landlord requires or agrees to permit removal of the Leased Premisessame upon termination, but then Tenant, at Tenant’s sole cost and expense, upon termination of this lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, shall remain the property of Tenant during the Leasepromptly remove such designated items, and Tenant hereby covenants shall thereafter repair any damage to the Premises or the Project caused by such removal, failing which Landlord may remove the same and agrees not repair the Premises or the Project, as the case may be, and Tenant shall pay the cost thereof to grant a security interest Landlord on written demand. Without limitation of the foregoing, if any of the Tenant Alterations involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant, at Landlord’s request, shall also be obligated to return such surfaces to their condition prior to the commencement of this lease. Further, at Landlord’s request, Tenant shall be required to close any staircases or other openings between floors within the Premises. Tenant’s failure to perform the work described in the preceding sentences on or before the expiration or earlier termination of this lease or Tenant’s right of possession hereunder, shall, without limitation on other rights or remedies available to Landlord, give rise to the right of Landlord to perform such work, and Tenant shall pay the costs thereof to Landlord on written demand. Notwithstanding any such items to any party other than Landlord. Any such modificationsof the foregoing, alterations or improvements, once completed, Tenant shall not be altered or removed from required to remove any Tenant’s Work performed pursuant to the Leased Workletter. Furthermore, Tenant shall not be required to remove the existing staircases between floors of the Premises during if this lease expires as to the Lease Term portion of the Premises in which such staircases are located by lapse of time, without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner earlier termination of this Lease, all such modifications, alterations and improvements other than lease or Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property right of Landlord and shall be surrendered possession as to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost Premises or value any other termination of any this lease as to all or such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached portion of the Premises prior to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part stated expiration of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of TenantTerm.
Appears in 1 contract
Samples: Office Lease (EMAK Worldwide, Inc.)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 the Article above. At the expiration or sooner termination of this the Lease, all such modifications, alterations and improvements (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises Premise as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2improvements, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be he deemed real property property, and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures Fixtures of Tenant.
Appears in 1 contract
Samples: Lease Agreement (ArcSoft, Inc.)
Ownership of Improvements. All modifications, alterations and or improvements made or added to the Leased Premises by or for Tenant (other than including, without limitation, the Initial Tenant Improvement Work), which shall not include Tenant’s inventory, equipment, movable furniture, wall decorations and 's trade fixtures) , shall be deemed real property and a part of the Leased Premises, but shall remain Premises immediately upon the property of Tenant during the Leaseconstruction or installation thereof, and Tenant hereby covenants and agrees shall not attempt to grant a security interest in any such items to any party other than LandlordPerson. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s 's written approval first obtained in accordance with the provisions of Paragraph Section 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and or improvements other than Tenant’s inventory(including, equipmentwithout limitation, movable furniture, wall decorations and trade fixtures, the Initial Tenant Improvement Work) shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2Section 2.3 above, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2Section 6.1 above, in which case Tenant shall so remove the same. Landlord shall have no obligations obligation to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by or for Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Samples: Lease (Crawford & Co)
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than LandlordLease Term. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s Landlord written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements (other than Tenant’s 's inventory, equipment, movable furniture, wall decorations and trade fixtures, ) shall automatically become the property of Landlord and shall be surrendered to Landlord as a part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations obligation to reimburse to Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s 's expense shall be deemed real property and a part of the Leased Premises and shall be the property of LandlordLandlord . All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case case, Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion portions of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be the property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant. Except for alterations which cannot be removed without structural injury to the Leased Premises, at any time Tenant may remove Tenant’s property or alterations made by Tenant from the Leased Premises, provided that Tenant repairs all damage caused by such removal.
Appears in 1 contract
Samples: Lease (Vivus Inc)
Ownership of Improvements. All modificationsWork as defined in this Section 5, alterations Building hardware, equipment and machinery serving the Premises, and all other improvements made and all fixtures except trade fixtures, constructed in the Premises by either Landlord, Sublandlord or added Subtenant, (i) shall become Landlord's property upon installation without compensation to Subtenant, unless Landlord consents otherwise in writing, and (ii) shall at Landlord's option (which shall be stated at the time Landlord and Sublandlord consent to such Work) either (a) be surrendered to Landlord with the Premises at the termination of the Sublease or of Subtenant's right to possession, or (b) be removed in accordance with Subsection 5E below (unless Landlord and Sublandlord at the time each gives its consent to the Leased Premises performance of such construction expressly waives in writing the right to require such removal). Notwithstanding the foregoing, all Tenant Improvements installed by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations Sublandlord and trade fixtures) financed in whole or in part by Landlord or Sublandlord from the Improvement Allowance described in the Schedule shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant Landlord, Sublandlord, and Subtenant during the Leaseterm of this Sublease in the proportions that each has financed the cost thereof, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and upon expiration of this Sublease. In the event that this Sublease is terminated prior to the scheduled expiration date due to a default by Subtenant, Sublandlord shall be surrendered to Landlord as part of have the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant right to remove any of such modificationsall Work, alterations or improvements other than the Tenant Improvements to be constructed in accordance with the provisions of Article 2, in which case Work Letter Agreement ("Initial Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or Improvements") at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of TenantSubtenant's expense.
Appears in 1 contract
Ownership of Improvements. All modificationsExcept as expressly provided otherwise in this Lease, alterations and improvements made or added all Work as defined in this Section 5, affixed partitions, affixed hardware, equipment affixed to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a become part of the Leased PremisesBuilding systems, but machinery affixed to become part of the Building systems and all other improvements and all affixed fixtures except trade fixtures, constructed in the Premises by either Landlord or Tenant, (i) shall remain the become Landlord's property of Tenant during the Leaseupon installation without compensation to Tenant, unless Landlord consents otherwise in writing, and (ii) shall at Landlord's option either (a) be surrendered to Landlord with the Premises at the termination of the Lease or of Tenant's right to possession, or (b) be removed in accordance with Subsection 5E below. Landlord shall notify Tenant hereby covenants and agrees not to grant a security interest in at the time of its approval of the construction of any such items whether Tenant shall be required to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from remove the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At same at the expiration or sooner termination of this Lease. The parties agree that notwithstanding any provision to the contrary in this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord unless specifically stated otherwise as part of Landlord's consent to Work, Tenant shall retain ownership of all trade fixtures and equipment used in its business operations, whether or not affixed to the Leased Premises as required pursuant or identified by Tenant at the time plans are submitted for approval to Article 2Landlord, unless Landlord and Tenant shall require Tenant have the right to remove any such items upon termination of this Lease. For avoidance of doubt, this includes all laboratory and manufacturing equipment. Unless Landlord at the time it gives its consent to the performance of such modificationsconstruction expressly requires the removal of the constructed items, alterations or improvements in accordance with the provisions of Article 2, in which case then Tenant shall so not be obligated to remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion such items upon termination of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of TenantLease.
Appears in 1 contract
Samples: Lease (Microvision Inc)
Ownership of Improvements. All modificationsinstallations, alterations additions, partitions, hardware, fixtures and improvements, temporary or permanent (including Landlord's Work and Tenant Alterations), except movable furniture and equipment and other personal property or trade fixtures belonging to Tenant, in or upon the Premises, whether placed there by Tenant or Landlord, shall, upon the termination of this lease by lapse of time or otherwise or upon the earlier termination of Tenant's right of possession, become Landlord's property and shall remain upon the Premises, all without compensation, allowance or credit to Tenant; provided, however, that if at the time Landlord consents to Tenant's installation of Tenant Alterations or other installations, additions, partitions, hardware, fixtures and improvements made or added at any other time prior to termination of this lease or Tenant's right to possession (but subject, in any event, to the Leased Premises by terms set forth in the last sentence of this Section 10(b) hereinbelow), Landlord provides written notice to Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part requiring removal of the Leased Premisessame upon termination, but then Tenant, at Tenant's sole cost and expense, upon termination of this lease by lapse of time or otherwise or upon the earlier termination of Tenant's right of possession, shall remain the property of Tenant during the Leasepromptly remove such designated items, and Tenant hereby covenants shall thereafter repair any damage to the Premises or the Project caused by such removal, failing which Landlord may remove the same and agrees not repair the Premises or the Project, as the case may be, and Tenant shall pay the cost thereof to grant a security interest Landlord within ten (10) business days after written demand. Without limitation of the foregoing, if any of the Tenant Alterations or Landlord's Work involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant, at Landlord's written request given to Tenant at any time prior to termination of this lease or Tenant's right to possession (but subject, in any such items event, to any party other than Landlord. Any such modifications, alterations or improvements, once completedthe terms set forth in the last sentence of this Section 10(b) hereinbelow), shall not also be altered obligated to return such surfaces to their condition prior to the date of this lease. Further, at Landlord's written request given to Tenant at any time prior to termination of this lease or removed from Tenant's right to possession (but subject, in any event, to the Leased Premises during terms set forth in the Lease Term without Landlord’s written approval first obtained last sentence of this Section 10(b) hereinbelow), Tenant shall be required to close any staircases or other openings between floors within the Premises. Tenant's failure to perform the work described in accordance with the provisions of Paragraph 6.1 above. At this Section 10(b) on or before the expiration or sooner earlier termination of this Leaselease or Tenant's right of possession hereunder, all such modificationsshall, alterations and improvements without limitation on other than Tenant’s inventoryrights or remedies available to Landlord, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become give rise to the property right of Landlord to perform such work, and Tenant shall pay the costs thereof to Landlord within ten (10) business days after written demand. Notwithstanding the foregoing, Tenant shall have the right, at such time as Tenant is requesting Landlord's consent to any Tenant Alterations, to specifically request, in writing, a waiver of Landlord's right to require Tenant's removal of any particular item included in such Landlord's Work or Tenant Alterations at the end of the Term hereof, and/or a waiver of any restoration obligations described in this Section 10(b) relating thereto, and any such waiver granted in writing by Landlord shall be surrendered to binding on Landlord as part at expiration or termination of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenantthis lease.
Appears in 1 contract
Samples: Office Lease (Imanage Inc)
Ownership of Improvements. All modificationsImprovements constructed on the Premises by Tenant, alterations and improvements made any Subtenant or added on their behalf as permitted by this Lease shall at all times be owned by Tenant until expiration of the Term or earlier termination of this Lease. Tenant shall not, however, remove any Improvements from the Premises nor commit or suffer any waste of or damage to any Improvements on the Premises, except as permitted by this Lease. Anything to the Leased contrary contained in this Lease notwithstanding, Tenant shall not remove any Improvement or other feature located on the Premises to the extent the same constitutes any portion of the Act 2 or other environmental remedy for the Premises approved by Tenant (the Pennsylvania Department of Environmental Protection and/or the Environmental Protection Agency. The parties covenant for themselves and all Persons claiming under them that the Improvements are real property. Notwithstanding anything to the contrary in this Lease, all Improvements, fixtures, equipment and other than personal property at any time constructed or located in, on or at the Premises or otherwise affixed to the Premises shall at all times during the Term to and until the expiration or earlier termination thereof be exclusively owned by, and shall belong to, Tenant’s inventory. All the benefits and burdens of ownership of the foregoing, equipmentincluding title, movable furnituredepreciation, wall decorations tax credits, and trade fixtures) all other items, if any, shall be deemed real property and a part of the Leased Premises, but shall remain the property of in Tenant during the Term to and until the expiration or earlier termination thereof. Notwithstanding the foregoing provisions of this Section 50.A and without limiting the operation of the second sentence of Section 12 of this Lease, and Tenant hereby covenants and agrees not to grant a security interest in the event all or any such items to portion of the Premises is, at any party other than Landlord. Any such modificationstime, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration due to expiration, termination or sooner partial termination of this Lease, all such modifications, alterations Improvements and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become fixtures on the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements Property which are installed or constructed on or attached no longer subject to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and Lease shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating free and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures clear of any claim or interest of Tenant; provided, however, that Landlord shall not assume any indebtedness or obligation relating to such Improvements or fixtures.
Appears in 1 contract
Samples: Ground Lease Agreement
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, furnishings and partitions, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant’s inventory, equipment, movable furniture, furnishings and partitions, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenant.
Appears in 1 contract
Ownership of Improvements. All modifications, alterations and improvements made or added to the Leased Premises by Tenant (other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Leased Premises, but shall remain the property of Tenant during the Lease, and Tenant hereby covenants and agrees not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the A. Upon final expiration or the sooner termination of this Lease, including any renewals or extensions hereof, all such modificationsimprovements made by LESSEE (or LESSEE’s successors, alterations assigns and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations sublessees) during the term of this Lease then and trade fixtures, on that date situated on the Leased Premises shall automatically become the property of Landlord LESSOR, except that LESSEE shall have one hundred twenty (120) days after expiration or termination to remove any improvements made by LESSEE (or LESSEE’s successors, assigns and sublessees) during the term of this Lease, at LESSEE’s election; provided, however, that LESSEE shall be surrendered during said time to Landlord as part remove improvements pay the pro-rata rent in effect at the time of said expiration or termination. While this Lease continues in force and effect, LESSEE shall have the unrestricted right to remove, change, alter, modify, add to or subtract from any improvements on the Leased Premises made by LESSEE during the term of this Lease as required pursuant LESSEE may in its sole discretion elect so to Article 2do, unless Landlord shall require Tenant to remove and LESSOR, while this Lease or any of such modificationsextension thereof continues in force and effect, alterations or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of ownership interest in any such modificationsimprovements.
B. If any buildings are removed by LESSEE, alterations or improvements so surrendered LESSOR shall have the right to Landlord. All modificationsrequire LESSEE to remove all foundations and paved areas, alterations or improvements which are installed or constructed fill any excavations with soil material similar to the soils found on or attached to the site and suitable as a foundation support for further construction and generally restore the Leased Premises to a condition suitable for construction, use and occupancy by Landlord and/or at Landlord’s expense others unless same shall be deemed real property specifically waived by LESSOR.
C. LESSEE shall have the right, without LESSOR’s consent, to remove existing structures and a part of to construct new or replacement buildings, structures or other improvements on the Leased Premises and Premises. Nothing contained in this Lease shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements construed to the Leased Premises and not trade fixtures of Tenantrequire LESSEE to secure LESSOR’s permission for exterior or interior alteration within existing or hereafter constructed structures or for ordinary maintenance procedures.
Appears in 1 contract
Ownership of Improvements. All modificationsinstallations, alterations additions, partitions, hardware, fixtures and improvements made improvements, temporary or added permanent (including Tenant’s Work and other Tenant Alterations), except movable furniture and equipment and other personal property or trade fixtures belonging to Tenant, in or upon the Leased Premises or Lobby, whether placed there by Tenant (other than or Landlord, shall, upon the termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s inventoryright of possession, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real become Landlord’s property and a part of shall remain upon the Leased Premises, but shall remain all without compensation, allowance or credit to Tenant; provided, however, that if at the property time Landlord consents to Tenant’s installation of Tenant’s Work, other Tenant during the LeaseAlterations or other installations, additions, partitions, hardware, fixtures and improvements, Landlord notifies Tenant hereby covenants and agrees not to grant a security interest in writing that any such items will be required to any party other than Landlord. Any such modifications, alterations be removed upon expiration of the Term or improvements, once completed, shall not be altered or removed from the Leased Premises during the Lease Term without Landlord’s written approval first obtained in accordance with the provisions of Paragraph 6.1 above. At the expiration or sooner earlier termination of this Lease, all such modificationsthen Tenant, alterations and improvements other than at Tenant’s inventorysole cost and expense, equipment, movable furniture, wall decorations and trade fixturesupon termination of this Lease by lapse of time or otherwise or upon the earlier termination of Tenant’s right of possession, shall automatically become promptly remove such designated items, and Tenant shall thereafter repair any damage to the property of Premises or the Project caused by such removal, failing which Landlord may remove the same and repair the Premises or the Project, as the case may be, and Tenant shall be surrendered pay the cost thereof to Landlord on written demand. Without limitation of the foregoing, if any of the Tenant’s Work or other Tenant Alterations involved the lowering of ceilings, raising of floors or the installation of specialized wall or floor coverings or lights, then Tenant, at Landlord’s request, shall also be obligated to return such surfaces to their condition prior to the commencement of this lease. Upon being notified by Landlord that Tenant would be required to remove any such designated items, Tenant may elect not to proceed with installation of the items so designated. Except for items required to be removed and/or restored by Tenant as described above (herein, the “Removal Items”), it is understood and agreed that as part of Tenant’s request for Landlord’s consent to any Tenant Alterations (including, without limitation, any “Tenant’s Work”), Tenant may specifically request a waiver of Landlord’s right under this Section 10(b) to require removal of any such item or items included as part of said Tenant Alterations. Except with respect to the Leased Premises Removal Items, if Tenant so requests Landlord’s waiver, then Landlord’s failure to advise Tenant, as part of its consent process, that a given Tenant Alteration is required pursuant to Article 2be removed upon expiration or earlier termination of the lease or Tenant’s right to possession hereunder, unless shall be construed to mean that Tenant need not so remove same and such determination shall be binding on Landlord at expiration or termination of this Lease. Tenant’s failure to perform any work required of Tenant as described in this Section 10 on or before the expiration or earlier termination of this Lease or Tenant’s right of possession hereunder, shall, without limitation on other rights or remedies available to Landlord, give rise to the right of Landlord, after thirty (30) days prior written notice thereof, to perform such work, and Tenant shall pay the reasonable costs thereof to Landlord within thirty (30) days after written demand therefor. In no event shall Landlord require Tenant to remove, at the end of the Term or otherwise, any items located at the Premises as of the Commencement Date hereunder. Further, in no event shall Tenant be required to remove any of such modifications, alterations items described in this Section 10 prior to the expiration or improvements in accordance with the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion earlier termination of the cost Term or value of any such modifications, alterations or improvements so surrendered Tenant’s right to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part possession of the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Leased Premises and not trade fixtures of Tenanthereunder.
Appears in 1 contract
Samples: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)
Ownership of Improvements. All modifications, alterations and improvements made Ownership of the Improvements erected or added to constructed on the Leased Premises by Tenant Lessee shall remain in Lessee (other than Tenant100% with respect to the D-K Propylene Assets and to the extent of Lessee’s inventoryownership interest with respect to the Facility) throughout the term of this Lease, equipmentsubject to the terms of this Lease. Unless an event of default (as defined in Section 12.1 hereof) has occurred and is continuing, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part Lessee may at any time during the term of this Lease or upon the termination of the term of this Lease remove the Improvements located on the Leased Premises. Additionally, but upon termination of this Lease for any reason, Lessee shall remain remove the property Improvements constructed by Lessee on the Leased Premises. Such removal shall be accomplished in compliance with all Laws. In the event that the Improvements are not removed at or prior to the termination of Tenant during the term of this Lease, and Tenant hereby covenants and agrees Lessee be considered in holdover as contemplated in Section 13.5 until the Improvements are removed. Notwithstanding any provision herein contained to the contrary, in the event for any reason whatsoever the Improvements have not to grant a security interest in any such items to any party other than Landlord. Any such modifications, alterations or improvements, once completed, shall not be altered or been removed from the Leased Premises during within one (1) year after the Lease Term without Landlord’s written approval first obtained in accordance with termination of the provisions of Paragraph 6.1 above. At the expiration or sooner termination term of this Lease, all such modifications, alterations then the Movements shall at the option of Lessor and improvements other than Tenant’s inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically upon written notice to Lessee (i) become the property of Landlord and shall be surrendered Lessor or (ii) Lessor may elect to Landlord as part of remove the Improvements from the Leased Premises as required pursuant to Article 2, unless Landlord shall require Tenant to remove any and dispose of such modificationsImprovements in any manner elected by Lessor, alterations or improvements in accordance with and Lessee shall to Lessor on demand all such Improvements, less the provisions of Article 2, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value amount of any proceeds received by from such modifications, alterations disposition. Lessee shall repair all damage or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached injury to the Leased Premises by Landlord and/or at Landlord’s expense shall be deemed real property and a part from the removal of the Improvements from the Leased Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to return the Leased Premises to substantially the same condition as the Leased Premises were in on January 13, 1989. Lessee shall pay any actual and necessary costs incurred by Lessor to put the Leased Premises in such condition if Lessee do not trade fixtures of Tenantdo so.
Appears in 1 contract
Samples: Ground Lease Agreement (Duncan Energy Partners L.P.)