Common use of Ownership of Improvements Clause in Contracts

Ownership of Improvements. Notwithstanding anything that is or appears to be to the contrary herein, any and all Improvements erected on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Term or sooner termination of this Lease. Upon the expiration or sooner termination of this Lease, all Improvements and all 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entity.

Ownership of Improvements. Notwithstanding anything that is Each Party will own all right, title and interest in and to any Improvements conceived, developed, invented or appears otherwise generated solely by such Party, its Affiliates, or any officer, director, employee, agent, or other representative of either of the foregoing, other than Product Improvements, and all intellectual property rights related thereto (such Improvements and intellectual property rights related thereto to be owned solely by Purdue or any Affiliate thereof pursuant to the contrary hereinforegoing, “Purdue Improvements”, and such Improvements and intellectual property rights related thereto to be owned solely by BDSI or any Affiliate thereof pursuant to the foregoing, “BDSI Improvements”), and the Parties shall jointly own all right, title, and interest in and to any Improvements conceived, developed, invented or otherwise generated jointly by (a) BDSI, any Affiliate thereof, or any officer, director, employee, agent, or other representative of either of the foregoing and (b) Purdue, any Affiliate thereof, or any officer, director, employee, agent, or other representative of either of the foregoing, other than Product Improvements, and all intellectual property rights related thereto (such Improvements erected on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall intellectual property rights to be owned jointly by Tenant until the expiration of Parties pursuant to the Term or sooner termination of this Lease. Upon foregoing, “Joint Improvements”), provided that, notwithstanding anything to the expiration or sooner termination of this Leasecontrary, Parent shall own, and Purdue shall assign, and hereby assigns, to Parent all right, title, and interest in and to any Product Improvements and all alterationsintellectual property rights related thereto, 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other liens, claims, said Improvements and encumbrances not set forth in this Agreement. Except as expressly provided in this Agreement and subject to any restrictions herein, each joint owner of a Joint Improvement may make, sell, use, license, assign, mortgage or keep Joint Improvements, and otherwise undertake all activities a sole owner might undertake with respect to such inventions, discoveries and know-how, without the consent of and without accounting to the other joint owner, provided that any assignment, license or other disposition or use (i) shall become Landlord’s property free at all times be and clear remain subject to the grants of rights and licenses and accompanying conditions and obligations with respect thereto under this Agreement, including under Sections 3.02(a), 3.06 and 13.06(a), and (ii) allow the Parties to exercise their rights and perform their obligations under this Agreement, in particular to develop, manufacture, and commercialize Licensed Products in at least the same scope as prior to such assignment, license or other such disposition. Each Party shall take all actions and execute all documents necessary to effect the purposes of the foregoing, as reasonably requested by, and at the sole expense (which shall be reasonable and documented) of, the other Party, and cause its respective Affiliates, and its and their officers, directors, employees, agents, representatives, contractors, and other representatives to do the same. During the Term, each Party shall promptly notify the other Party in writing and in reasonable detail of any and all rights to possession and all claims to Improvements generated or against them Controlled by Tenant such Party or any third person or entityAffiliate thereof to which the other Party has any rights under this Agreement.

Ownership of Improvements. Notwithstanding anything that is or appears to Except as hereinafter provided, during the Term Tenant shall be to the contrary herein, any owner of all Improvements and all furnishings, fixtures and personal property of Tenant located thereon. Tenant shall retain all rights to depreciation deductions and tax credits arising from its ownership of said property. Upon expiration or earlier termination of this Lease, all such Improvements erected on and property shall, except as provided in Section 2.12.3 below, automatically vest in, revert to, and become the Leased Premises property of Landlord without compensation to, or requirement of consent or other act of, Tenant, and 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 Tenant or to any other person, including any 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, as well as Tenant shall not remove any and all alterations or additions thereto or any other Improvements or fixtures on from the Leased Premises, shall be owned by nor waste nor destroy any Improvements; provided, however, that if Landlord notifies Tenant until at least five (5) years prior to the expiration of the Term or sooner termination 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 LeaseLease 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 sooner earlier termination of this Lease, all Improvements and all 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved if requested by Landlord, any easement approved 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 contracts, all contracts designated by Landlord, relating to the operation, management or maintenance of the Premises or any written instrument executed part thereof; and (c) conveys, without representation or warranty and to the extent assignable by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive the terms of such Improvements free contracts, all plans, records, registers, permits, and clear of all other claimspapers and documents which may be necessary or appropriate for the proper operation and management of the Premises, said Improvements and shall become deliver all of the foregoing to Landlord. In order to effectuate the terms of this section, Tenant’s property free and clear contracts with vendors relating to the operation, management or maintenance of any and all rights to possession and all claims to or against them by Tenant the Premises, or any third person part thereof, shall include provisions permitting the assignment of said contracts to Landlord upon expiration or entitytermination of this Lease.

Ownership of Improvements. Notwithstanding anything that is or appears The Land shall continue to be to the contrary herein, any and all owned by Landlord. All Improvements erected on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by and be the property of Tenant until during, and only during, the Term and no longer. During the Term, no Improvements shall be conveyed, transferred or assigned, except as permitted under Articles 12 and 14, and at all such times the holder of the Leasehold Interest of Tenant under this Lease shall be the owner of all Improvements. Any attempted conveyance, transfer or assignment of any of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity shall be void and of no effect whatever, except as permitted under Articles 12 and 14. Notwithstanding the foregoing, Tenant may from time to time replace the Improvements and make any Alterations, provided that the replacements for such items are of equivalent or better value and quality, and such items are free from any liens and encumbrances except for equipment leases and any other financings expressly permitted hereunder. Upon any termination of this Lease, whether by reason of the expiration of the Term hereof, or sooner termination pursuant to any provision hereof, or by reason of this Leaseany other cause whatsoever, all of Tenant’s right, title and interest in the Improvements and any Alterations shall cease and terminate, and title to the Improvements shall immediately vest in Landlord. Upon No further deed or other instrument shall be necessary to confirm the expiration or sooner vesting in Landlord of title to the Improvements. However, upon any termination of this Lease, Tenant, upon request of Landlord, shall execute, acknowledge and deliver to Landlord a quitclaim deed confirming that all of Tenant’s rights, title and interest in the Improvements has expired and that title thereto has vested in Landlord. Notwithstanding the foregoing, the ownership of the Museum Property and all 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 personal property of the Leased Premises and Tenant shall remain on the Leased Premises and become the property of Landlord; provided that with Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entityevents.

Ownership of Improvements. Notwithstanding anything that is Each Party will own all right, title and interest in and to any Improvements conceived, developed, invented or appears to be to the contrary hereinotherwise generated solely by such Party, any its Affiliates, and all intellectual property rights related thereto (such Improvements erected on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions intellectual property rights related thereto or any (other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Term or sooner termination of this Lease. Upon the expiration or sooner termination of this Lease, all than Collegium BEMA Improvements and all alterations, additions or improvements thereto that are made intellectual property rights related thereto) to or placed on the Leased Premises be owned solely by Tenant Collegium or any other person Affiliate thereof pursuant to the foregoing, “Collegium Improvements”), and the Parties shall be considered part of the real property of the Leased Premises jointly own all right, title, and shall remain on the Leased Premises interest in and become the property of Landlord; provided that Tenant to any Improvements conceived, developed, invented or otherwise generated jointly by (or its Subtenants, as the case may bea) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this LeaseBDSI, any non-disturbance agreement approved by Landlord, any easement approved by LandlordAffiliate thereof, or any written instrument executed by Landlord which expressly states that Landlord is waiving its officer, director, employee, agent, or other representative of either of the foregoing and (b) Collegium, any Affiliate thereof, or any officer, director, employee, agent, or other representative of either of the foregoing, and all intellectual property rights under this Article 6 to receive related thereto (such Improvements and intellectual property rights to be owned jointly by the Parties pursuant to the foregoing, “Joint Improvements”), provided that, notwithstanding anything to the contrary, Parent shall own, and Collegium shall assign and hereby assigns to Parent, all of Collegium’s and Collegium Affiliates’ right, title, and interest in and to any Collegium BEMA Improvements and all intellectual property rights related thereto, free and clear of all other claimssecurity interests and similar liens. Collegium shall ensure that that its Affiliates assign any and all of their rights, said including all intellectual property rights, in any Collegium BEMA Improvements to Collegium and Collegium shall become Landlord’s property free use, and clear of ensure that its Affiliates use, Commercially Reasonable Efforts to cause their respective Sublicensees to assign or exclusively license any and all rights they may have in any Collegium BEMA Improvements (and any Know-How with respect thereto and/or Patents Covering such Collegium BEMA Improvements) to possession and all claims Collegium and, in the case that such rights are licensed (rather than assigned) to or against them by Tenant Collegium or any third person of its Affiliates, that those rights be freely sublicensable by Collegium or entityits Affiliate, as applicable, to BDSI pursuant to Section 3.06. Except as expressly provided in this Agreement and subject to any restrictions herein, each joint owner of a Joint Improvement may make, sell, use, license, assign, mortgage or keep Joint Improvements, and otherwise undertake all activities a sole owner might undertake with respect to such inventions, discoveries and know-how, without the consent of and without accounting to the other joint owner, provided that any assignment, license or other disposition or use (i) shall at all times be and remain subject to the grants of rights and licenses and accompanying conditions and obligations with respect thereto under this Agreement, including under Section 3.02(a) and Section 13.06(a) and (ii) allow the Parties to exercise their rights and perform their obligations under this Agreement, in particular to develop, manufacture, and commercialize Licensed Products or BEMA Fentanyl Products in at least the same scope as prior to such assignment, license or other such disposition. Each Party shall take all actions and execute all documents necessary to effect the purposes of the foregoing, as requested by the other Party, and cause its respective Affiliates, and its and their officers, directors, employees, agents, representatives, contractors, and other representatives to do the same. During the Term, each Party shall promptly notify the other Party in writing and in reasonable detail of any Improvements generated or Controlled by such Party or any Affiliate thereof to which the other Party has any rights under this Agreement.

Ownership of Improvements. Notwithstanding anything that is or appears to be to the contrary herein, any and all Improvements erected on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until (a) Upon the expiration of the Term or sooner earlier termination of the Lease as a result of default by Tenant as provided herein, all Improvements shall immediately become the property of Landlord in full ownership, without compensation of any kind to Tenant, JCC Development or any Leasehold Mortgagee or any other person or entity, free and clear of any mortgages or encumbrances; provided that, notwithstanding the foregoing, any New Lease granted to a Leasehold Mortgagee pursuant to Section 23.6 of this Lease shall include a lease of all such Improvements. During the Term and subject to the terms of the Second Floor Non-Gaming Sublease, Tenant shall own and retain title to all Improvements and Tenant's Property subject to all privileges and liens provided by Louisiana law. After Site Mobilization and subject to the terms of the Second Floor Non-Gaming Sublease, Xxxxxx'x Jazz Company, and after the Plan Effective Date, Tenant, shall have the sole and exclusive right and entitlement to 106 claim depreciation on all Improvements and Tenant's Property located on the Leased Premises. Upon the termination of the Lease by default, expiration of the Term or as otherwise provided herein, Tenant will remain the owner of Tenant's Property on the Development subject to all liens and privileges provided by Louisiana law, including but not limited to all removable temporary buildings, gaming devices and machines. (b) Upon the termination of this Lease by default, Term expiration or as otherwise provided herein, if Tenant shall decide not to remove any part of Tenant's Property, Tenant shall notify Landlord in writing not less than three (3) months prior to the expiration of the Term of this Lease or termination thereof, or, if earlier, fifteen (15) days from receipt of a notice under Section 21.3(a) of this Lease, specifying the items of Tenant's Property which it has decided not to remove. If, within thirty (30) days after the service of such notice, Landlord shall request Tenant to remove any of Tenant's Property, Tenant shall at its sole expense remove the same in accordance with such request. As to Tenant's Property that Landlord does not request Tenant to remove, the same shall be, if left by Tenant, deemed abandoned by Tenant and thereupon the same shall immediately become the property of Landlord without notice or compensation of any kind to Tenant. At Landlord's option, Tenant shall remove the signs designated by Landlord subject to the rights of the owner(s) of the affected names, trade names, trademarks, and logos. (c) If, prior to the expiration of this Lease by termination or otherwise, Tenant does not remove any of Tenant's Property or signs which Landlord has requested Tenant to remove pursuant to Section 7.1(b) of this Lease, Landlord shall have the right to remove and to dispose of the property and to replace the same with like kind and quality without incurring liability to Tenant and at the sole cost and expense of Tenant and Landlord may use funds in the Capital Replacement Fund to remove such Tenant's Property or signs and to replace the same with like kind and quality, subject to the provisions of Section 19.8(d) of this Lease. Landlord may use such property as its own regardless of any Marks or System Marks; provided that Landlord may not exercise any ownership or, except as otherwise provided in this Lease, other rights in respect of any such Marks or System Marks. In case of any damage to the Development resulting from the removal of Tenant's Property, Tenant shall repair such damage or, in default thereof, shall reimburse Landlord for Landlord's cost for repairing such damage. This obligation shall survive termination of this Lease. Upon the expiration or sooner termination of this Lease, all Improvements and all 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entity.108

Ownership of Improvements. Notwithstanding anything that is (a) Title to any buildings, improvements and/or fixtures which are now or appears shall be hereafter during the Term of the Lease placed in or upon or affixed to be to the contrary herein, any and all Improvements erected on the Leased Premises as permitted by this Lease("Improvements") shall remain in Lessee and Lessee alone shall be entitled to claim depreciation therefor; and Lessor agrees to subordinate all rights, as well as if any, which Lessor may have in any of such Improvements to the rights of Lessee and all alterations any Leasehold Mortgagee. Lessee may remove the Improvements at any time before or additions thereto or any other Improvements or fixtures on upon vacating the Leased Premises. (b) Notwithstanding any existing or future statute, shall be owned by Tenant until law or rule of law to the expiration of the Term or sooner termination of this Lease. Upon the expiration or sooner termination of this Leasecontrary, all Improvements Lessor hereby waives, releases and all 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said Improvements shall become Landlord’s property free and clear of relinquishes any and all rights of distraint, levy, attachment or recourse to possession and all claims the Improvements belonging to or against them by Tenant Lessee or any third person of the sublessees of Lessee or entityany other person, firm or corporation, or any rent payable by any sublessee. Provided that, although the foregoing waiver, release and relinquishment shall be self-operative without the necessity for any further instrument or document, Lessor hereby agrees, without limiting the effectiveness of the foregoing waiver, release and relinquishment herein contained, to furnish Lessee (and/or Lessee's sublessees or any vendor or other supplier under a conditional sale, chattel mortgage or other security arrangement, any consignor, any holder of reserved title or any holder of a security interest), upon written request from time to time, waivers of Lessor's rights of distraint, levy, attachment or recourse on any such Improvements and exempting the same from distraint, levy, attachment or recourse.

Ownership of Improvements. Notwithstanding anything that is or appears to be to the contrary herein, any and all Improvements erected on the Leased Premises Except as permitted by expressly provided otherwise in this Lease, all Work as well as any defined in this Section 5, affixed partitions, affixed hardware, equipment affixed to become part of the Building systems, machinery affixed to become part of the Building systems and all alterations other improvements and all affixed fixtures except trade fixtures, constructed in the Premises by either Landlord or additions thereto Tenant, (i) shall become Landlord's property upon 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 at the time of its approval of the construction of any other Improvements or fixtures on the Leased Premises, such items whether Tenant shall be owned by Tenant until required to remove the expiration of the Term or sooner termination of this Lease. Upon same at the expiration or sooner termination of this Lease. The parties agree that notwithstanding any provision to the contrary in this Lease, all Improvements and all alterations, additions or improvements thereto that are made to or placed on the Leased Premises by Tenant or any other person shall be considered unless specifically stated otherwise as part of the real property of the Leased Premises and shall remain on the Leased Premises and become the property of Landlord; provided that 's consent to Work, Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, all trade fixtures and removable personal property except as may be left on equipment used in its business operations, whether or not affixed to the Leased Premises with or identified by Tenant at the time plans are submitted for approval to Landlord’s prior written approval. Except as otherwise expressly provided in , and Tenant shall have the right to remove such items upon termination of this Lease. For avoidance of doubt, any non-disturbance agreement approved by Landlordthis includes all laboratory and manufacturing equipment. Unless Landlord at the time it gives its consent to the performance of such construction expressly requires the removal of the constructed items, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 then Tenant shall not be obligated to receive remove such Improvements free and clear items upon termination of all other claims, said 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 third person or entitythe Lease.

Ownership of Improvements. Notwithstanding anything that is or appears to be All 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 other alterations made pursuant to the contrary herein, any and all Improvements erected on the Leased Premises as permitted by provisions of this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, Lease shall be owned by Tenant until and shall be the expiration property of Lessee during the Term or sooner termination of this LeaseLease Term. Upon the expiration or sooner termination of this Lease, all whether by expiration of the term hereof or by reason of default on the part of Lessee, or for any other reason whatsoever, the Improvements (including the Lessee Improvements), and all alterationsparts thereof shall merge with the title of the land, additions free of any claim of Lessee and all persons and corporations (subject to the provisions of Article XIV 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 the event the Lease terminates prior to Lessee receiving its expenditures for capital improvements thereto that are made to or placed on the Leased Premises by Tenant or any other person shall be considered part Property, Lessor will ensure Lessee receives a return of the real property of the Leased Premises and shall remain its expenditures for capital improvements on the Leased Premises and become the property Property as well as a reasonable rate of Landlord; provided that Tenant (or return on its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left investment on the Leased Premises with LandlordLessor’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entityproperty.

Ownership of Improvements. Notwithstanding anything that is Title to all Improvements and alterations constructed or appears to be installed on the Site shall at all times during the Term of this Agreement remain in name of the City. No less than one hundred eighty (180) days prior to the contrary herein, any and all Improvements erected on the Leased Premises as permitted termination of this Agreement (whether by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Term hereof or sooner upon earlier termination as provided for herein), the Authority shall elect whether to (1) take title to all such Improvements and alterations, in which case all such Improvements and alterations shall vest in the Authority, or (2) require the City to demolish the Improvements and return the Site to a pad ready state prior to the termination of this LeaseAgreement. Upon All furniture, signs, and fixtures shall remain the property of the City and shall be removed by City prior to the expiration or sooner earlier termination of this Agreement. Such removal shall be at the City’s own expense and shall not cause material injury to the Site or Improvements, and, therefore, the City shall simultaneously therewith repair and restore any damage to the Site or Improvements thereon caused by such removal in a manner reasonably satisfactory to the CEO. Notwithstanding the foregoing, if the Authority requires the City to demolish the Improvements, then the City may remove its furniture, signs and fixtures without regard to damage to the Improvements. The failure to so remove such furniture, signs, and fixtures or other personal‌ property by the termination of this Agreement shall constitute a hold-over by City, subject to all of the terms and conditions of this Lease, but all Improvements and all alterations, additions or improvements thereto that are made to or placed on such property not removed within the Leased Premises by Tenant or any other person time above specified shall be considered part deemed abandoned, in which case the Authority may use or dispose of the real property of the Leased Premises and same as it shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required see fit without any liability to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entityCity therefor.

Ownership of Improvements. Notwithstanding anything that is All buildings, structures and fixtures of every kind now existing or appears to be to the contrary herein, any and all Improvements hereafter erected or placed on the Leased demised Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on shall at the Leased Premises, shall be owned by Tenant until the expiration end of the Term term or sooner termination of this Lease. Upon the expiration or sooner earlier termination of this Lease, all Improvements and all alterations, additions or improvements thereto that are made to or placed on the Leased Premises by Tenant or for any other person shall reason be considered part of the real property of the Leased Premises and shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of Lessor and shall be required left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to remove furniturethe realty by the Lessee and incapable of being removed without structural or functional damage to the realty, equipmentbecomes a part and parcel of it. Non-fixture personalty, machinerysigns, trade fixtures and removable personal property except as may be left on equipment owned by the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in Lessee at the expiration of the term or earlier termination of this Lease, for any non-disturbance agreement approved reason, shall continue to be owned by LandlordLessee, any easement approved by Landlordand, at the time of such expiration or any written instrument executed by Landlord which expressly states that Landlord earlier termination, Lessee at its option, may remove, provided the Lessee is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said Improvements shall become Landlord’s property free and clear not then in default of any covenant or condition of this lease, otherwise all such property shall remain on the demised Premises until the damages suffered by Lessor from any such default have been ascertained and all rights compensated except that, upon demand by Lessor, Lessee shall remove any property designated by Lessor from the Premises. If Lessee shall fail to possession remove personalty within thirty (30) days of demand by Lessor, then Lessor may effect such removal and all claims restoration at Lessee’s expense and Lessee agrees to or against them pay Lessor such expense promptly upon receipt of a proper invoice therefor. Any damage to the demised Premises caused by Tenant or the removal by Lessee, of any third person or entitysuch personalty, shall be repaired by Lessee forthwith at its expense.

Ownership of Improvements. Notwithstanding anything that is All Improvements constructed, installed or appears to placed by Lessee on the Premises shall be the property of Lessee during, and only during, the Term and no longer. During the Term, the Improvements shall not be conveyed, transferred or assigned unless such conveyance, transfer or assignment shall be to a person, corporation or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the contrary hereinprovisions of (but without limitation of the restrictions set forth in) Article 24, and at all such times the holder of the leasehold interest of Lessee under this Lease shall be the owner of the Improvements. Any 15 attempted conveyance, transfer or assignment of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity shall be void and all Improvements erected on of no effect whatever except a conveyance, transfer or assignment to a person, corporation or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the Leased Premises provisions of (but without limitation of the restrictions set forth in) Article 24. Notwithstanding the foregoing, Lessee may from time to time replace items of personal property and fixtures provided that the replacements for such items are of equivalent or better value and quality, and such items are free from any liens and encumbrances except as permitted by hereunder. Upon any termination of this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned whether by Tenant until reason of the expiration of the Term hereof, or sooner termination pursuant to any provision hereof, or by reason of this Leaseany other cause whatsoever, all of Lessee's right, title and interest in the Improvements shall cease and terminate and title to the Improvements shall vest in Lessor unless Lessor makes the election to require demolition pursuant to Article 30. Upon Lessee shall surrender the expiration Improvements to Lessor as provided in Article 30 hereof. No further deed or sooner other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of this Lease, Lessee, upon request of Lessor, shall execute, acknowledge and deliver to Lessor a quitclaim deed and quitclaim xxxx of sale confirming that all of Lessee's rights, title and interest in the Improvements has expired and all alterations, additions or improvements that title 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided has vested in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entityLessor.

Ownership of Improvements. Notwithstanding anything that is or appears to be to a. During the contrary hereinterm of this Agreement, any and LESSEE shall own all Improvements erected permitted by CITY constructed on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Initial or Renewal Term or sooner termination of this LeaseAgreement. LESSEE shall not remove any Improvements once constructed on the Premises, expect as permitted in writing by CITY. b. Upon the expiration or sooner termination of this LeaseAgreement, all Improvements and all 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 shall remain on the Leased Premises and shall, without compensation to LESSEE, become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said Improvements shall become LandlordCITY’s property free and clear of any and all rights to possession and all claims to or against them by Tenant LESSEE or any third person party unless an Agreement is otherwise reached by the PARTIES and reduced to writing. i. Upon termination or entityexpiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such termination. ii. Upon receipt of a demand by the CITY to remove all Improvements, LESSEE agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement. iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEE.

Ownership of Improvements. Notwithstanding anything that is All Improvements constructed, installed or appears to placed by Lessee on the Premises shall be the property of Lessee during, and only during, the Term and no longer. During the Term, the Improvements shall not be conveyed, transferred or assigned unless such conveyance, transfer or assignment shall be to a person, corporation or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the contrary hereinprovisions of (but without limitation of the restrictions set forth in) Article 24, and at all such times the holder of the leasehold interest of Lessee under this Lease shall be the owner of the Improvements. Any attempted conveyance, transfer or assignment of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity shall be void and all Improvements erected on of no effect whatever except a conveyance, transfer or assignment to a person, corporation or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the Leased Premises provisions of (but without limitation of the restrictions set forth in) Article 24. Notwithstanding the foregoing, Lessee may from time to time replace items of personal property and fixtures provided that the replacements for such items are of equivalent or better value and quality, and such items are free from any liens and encumbrances except as permitted by hereunder. Upon any termination of this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned whether by Tenant until reason of the expiration of the Term hereof, or sooner termination pursuant to any provision hereof, or by reason of this Leaseany other cause whatsoever, all of Lessee's right, title and interest in the Improvements shall cease and terminate and title to the Improvements shall vest in Lessor unless Lessor makes the election to require demolition pursuant to Article 30. Upon Lessee shall surrender the expiration Improvements to Lessor as provided in Article 30 hereof. No further deed or sooner other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of this Lease, Lessee, upon request of Lessor, shall execute, acknowledge and deliver to Lessor a quitclaim deed and quitclaim bill xx sale confirming that all of Lessee's rights, title and interest in the Improvements has expired and all alterations, additions or improvements that title 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided has vested in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entityLessor.

Ownership of Improvements. Notwithstanding anything that is or appears to As between the Grantor and the Concessionaire, during the Term, the Existing Improvements and the Project (excluding the Project Lands and the fee simple in any other real property) shall be the separate property of the Concessionaire and not of the Grantor subject to the contrary hereinprovisions of this Agreement. All buildings, any structures, improvements, appurtenances and all Improvements fixtures constructed, erected on or situated upon the Leased Premises as permitted by this Lease, as well as any Project Lands subsequent to the Effective Date and all alterations or additions thereto or any other Improvements or fixtures on prior to the Leased Premises, Grantor becoming the owner of the Project pursuant to the reversion set out in Section 31.1(a) shall be owned by Tenant until the expiration Concessionaire and not by the Grantor. As of the Term or sooner termination Reversion Date, in consideration of this Lease. Upon the expiration or sooner termination Grantor assuming full responsibility for the operation, management, repair, upgrade, maintenance, rehabilitation, construction and reconstruction of this Leasethe Project as provided in Section 31.1(a), but subject to Section 2.9, all Improvements improvements on the Project Lands and all alterationsimprovements comprising the Project (other than any vehicles, additions non-fixed equipment or improvements thereto that are made to or placed on inventories owned by the Leased Premises by Tenant or any other person Concessionaire, which shall remain the property of, and may be considered part of removed by, the real Concessionaire) shall become the absolute property of the Leased Premises Grantor without any payment therefor to the Concessionaire (except as set out in Article 25, Article 26, Article 27 and shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its SubtenantsArticle 30), as the case may be) shall retain ownership of and and, subject to any Lenders Direct Agreement, shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all Encumbrances other claimsthan Permitted Encumbrances (all of which, said Improvements including any Concessionaire Permitted Encumbrances, but excluding any Permitted Encumbrances, the Concessionaire shall become Landlord’s property free satisfy and clear discharge by the Reversion Date) and without any action whatsoever being necessary on the part of any the Grantor. Any other interest in the Project that may now or hereafter be created by the Concessionaire and all rights dealings by the Concessionaire with the Project and any other improvements on the Project Lands that in any way affect title thereto shall be subject to possession and all claims to or against them by Tenant or any third person or entitythis right of the Grantor.

Ownership of Improvements. Notwithstanding anything that is i. If any Structural Improvements are erected or appears to be to installed by Tenant, they shall at once become part of the contrary hereinrealty, any building, or land upon or within which they are erected and all Improvements erected on shall immediately become the Leased Premises as permitted by this Leaseproperty of, as well as any and all alterations or additions title thereto or any other Improvements or fixtures on the Leased Premisesshall vest in Landlord, and shall be owned by Tenant until surrendered with the Premises on expiration of the Term or sooner termination of this Lease. Upon the expiration or sooner termination of this Lease, all except that if Landlord has in writing given Tenant permission to construct such Structural Improvements and all alterations, additions or improvements thereto only upon the condition that are made to or placed on they be removed at the Leased Premises by Tenant termination of this Lease or any extended Term hereof, then such “Conditional Structural Improvements” shall at the termination of this Lease or any extended Term hereof, and in no event later than thirty (30) days after such date of expiration or termination, be removed at Tenant’s sole expense and the Premises restored to its former condition. ii. Notwithstanding any other person provisions herein, the Landlord shall be considered part have the right, at any time, to require the immediate removal of any Structural Improvements installed without the prior consent of the real property Landlord. iii. If the removal of any such installation or alterations damages any part or parts of the Leased buildings, pavements, or other portion of the Premises, Tenant shall immediately repair such damage and restore said damaged part or parts of said building, pavements or Premises and shall remain on to the Leased Premises and become satisfaction of the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this LeaseCity Engineer/Public Works Director, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said Improvements approval 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 third person or entitynot be unreasonably withheld.

Ownership of Improvements. Notwithstanding anything that is or appears to be to the contrary herein, any and all Improvements erected on the Leased Premises as permitted by this Lease, as well as any and all alterations or alterationsor additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Term or sooner termination of this Lease. Upon the expiration or sooner termination of this Lease, all Improvements and all 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entity.

Ownership of Improvements. Notwithstanding anything that is SIGNS, FIXTURES, OR EQUIPMENT OF TENANT OR ANY SUBLESSEE All removable improvements placed upon or appears attached to the Premises by Tenant, trade fixtures attached to the Premises by Tenant, equipment installed on or at the Premises by Tenant, and signs affixed to the Premises by Tenant, shall be the property of and belong solely to Tenant no matter how affixed to be used, altered, and disposed of as Tenant so wishes. All real estate fixtures and improvements attached or made to the contrary hereinPremises by Tenant shall, any and all Improvements erected on at the Leased Premises as permitted by end of the Term of this Lease, or upon earlier termination as well as any and all alterations or additions thereto provided herein, become the property of Landlord. Tenant or any other Improvements or fixtures on sublessee is hereby given the Leased Premises, shall be owned by Tenant until the expiration of right at any time during the Term or sooner termination of this Lease. Upon Lease or any extension thereof and for a period of thirty (30) days after the expiration or sooner termination of this Lease, all Improvements or any extension thereof, by lapse of time or otherwise to enter upon and all alterationsremove from the Premises any such improvements, additions signs, fixtures, or improvements thereto that are made to or placed on the Leased Premises by equipment of Tenant or any other person sublessee, but shall not be considered part obligated to do so, provided such party complies with the obligations of the real property of the Leased Premises and shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approvalrestoration in Section 6. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said Improvements shall become Landlord’s property free and clear of any and all rights to possession and all claims to or against them by If Tenant or any third person sublessee fails to remove the improvements, signs, fixtures, or entityequipment of Tenant or any sublessee within thirty (30) days after termination of the Lease, such improvements, signs, fixtures, or equipment shall be deemed abandoned and the right, title and interest of the Tenant or an sublessee therein waived.

Ownership of Improvements. Notwithstanding anything that is All Improvements shall be the property of Lessee during, and only during, the Term and no longer. During the Term, no Improvements shall be conveyed, transferred or appears to be to the contrary hereinassigned, any and all Improvements erected on the Leased Premises except as permitted under Articles 23, 24 and 25, and at all such times the holder of the leasehold interest of Lessee under this Lease shall be the owner of all Improvements. Any attempted conveyance, transfer or assignment of any of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity shall be void and of no effect whatever, except as permitted under Articles 23, 24 and 25. Notwithstanding the foregoing, Lessee may from time to time replace the Improvements and make Additional Improvements and Alterations, provided that the replacements for such items are of equivalent or better value and quality, and such items are free from any liens and encumbrances except for equipment leases and any other financings expressly permitted hereunder. Upon any termination of this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned whether by Tenant until reason of the expiration of the Term hereof, or sooner termination pursuant to any provision hereof, or by reason of this Leaseany other cause whatsoever, all of Lessee’s right, title and interest in the Improvements and any Additional Improvements and Alterations shall cease and terminate and title to the Improvements shall immediately vest in Lessor. Upon Lessee shall surrender the expiration Improvements to Lessor as provided in Article 28. No further deed or sooner other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of this Lease, Lessee, upon request of Lessor, shall execute, acknowledge and deliver to Lessor a quitclaim deed confirming that all of Lessee’s rights, title and interest in the Improvements has expired and that title thereto has vested in Lessor. Notwithstanding the foregoing, the ownership and disposition of all 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinerypersonal property, trade fixtures and removable personal property except improvements installed by any subtenants of the Property shall be as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entitytheir subleases.

Ownership of Improvements. Notwithstanding anything that is or appears to be to the contrary herein, any and all Improvements erected on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Term or sooner termination of this Lease. Upon the expiration or sooner termination of this Lease, all Improvements and all 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 shall remain on the Leased Premises and become the property of Landlord, subject to the provisions for payment, if due, according to Sections 4.5 and 4.6; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s 's prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 Section 6.8 to receive such Improvements free and clear of all other claims, said 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 third person or entity.become

Ownership of Improvements. Notwithstanding anything that is or appears to be to a. During the contrary hereinterm of this Agreement, any and LESSEE shall own all Improvements erected permitted by CITY constructed on the Leased Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Initial or Renewal Term or sooner termination of this LeaseAgreement. LESSEE shall not remove any Improvements once constructed on the Premises, expect as permitted in writing by CITY. b. Upon the expiration or sooner termination of this LeaseAgreement, all Improvements and all 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 shall remain on the Leased Premises and shall, without compensation to XXXXXX, become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said Improvements shall become LandlordCITY’s property free and clear of any and all rights to possession and all claims to or against them by Tenant XXXXXX or any third person party unless an Agreement is otherwise reached by the PARTIES and reduced to writing. i. Upon termination or entityexpiration of a term of this Agreement, CITY may, at CITY’s election, demand removal of all Improvements, as specified in this paragraph. A demand to remove Improvements by the normal expiration of the Initial Term or Renewal Term shall be deemed effective by notice given at any time within one month before the expiration date. A demand to remove Improvements upon any other termination of this Agreement shall be deemed effective by notice given in, or concurrently with, notice of such termination or within thirty (30) days after such termination. ii. Upon receipt of a demand by the CITY to remove all Improvements, XXXXXX agrees to meet and confer with the CITY to reach an agreed upon schedule to restore the Premises to the condition it was in prior to this Agreement taking effect. To that end, a photographic record must be taken of the Premises on the Effective Date to show the condition it was in at the time the PARTIES entered into this Agreement. iii. If LESSEE fails to remove any Improvements from the Premises upon receipt of a demand by the City, CITY shall have the right to have such Improvements removed at the expense of LESSEE. As to any or all Improvements that CITY does not exercise said option for removal, title thereto shall vest in CITY, without cost to CITY, and without any payment to LESSEE.

Ownership of Improvements. Notwithstanding anything that is Without limiting any other similar provision(s) contained elsewhere in the Lease, all installations, additions, betterments or appears to improvements in or upon the Demised Premises, made by either party, including, without limitation, all pipes, ducts, conduits, wiring, paneling, partitions, railings, mezzanine floors, galleries and the like shall become the property of Landlord and shall remain upon and be to surrendered with the contrary herein, any and all Improvements erected on the Leased Demised Premises as permitted by this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned by Tenant until the expiration of the Term or sooner termination of this Lease. Upon a part thereof at the expiration or sooner termination of the Lease Term; provided, however, that Landlord shall have the right to require Tenant to remove any such installations, additions, betterments or improvements made by Tenant by giving written notice to Tenant prior to the termination of this Lease, in which event Tenant shall remove all Improvements such items as Landlord may designate and restore the Demised Premises to the condition that existed prior to such installation. EXHIBIT "E" SIGN CRITERIA 1. The advertising or informative content of all alterationssigns shall be limited to letters designating the store name/or type of store (which such designation of the store type shall be by general descriptive terms and shall not include any specification of the merchandise offered for sale therein or the services rendered therein) only and shall contain no advertising devices, additions slogans, symbols or improvements thereto that are made marks (other than the store name and/or type of store, as aforesaid and other than crests, symbols, trademarks, corporate xxxxxxx, which shall be permitted). 2. The character, design, color and layout of all signs shall be subject to the approval of the Landlord who shall endeavor to establish uniform standards consonant with an integrated sign control policy for the Shopping Center, and further, however, shall give proper consideration to the style, design and character of signs used by Tenant(s) for the same or placed similar retail operations elsewhere. 3. Any sign and any part or parts thereof, except as otherwise provided in paragraph 5 hereof, shall be located within the physical limits of the store front of the Demised Premises of the Tenant, and shall not project at a right angle to the facade. 4. All signs shall be fabricated and installed in compliance with all applicable building and electrical codes and bear a U.L. Label. 5. Signs may be located on the Leased Premises by Tenant or any other person shall be considered part exterior portions of the real property Demised Premises of the Leased Premises and shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except at such locations as may be left on designated by the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this LeaseThese signs shall be limited to the store name and/or store type only, any non-disturbance agreement approved by Landlordshall be constructed of suitable materials for weather exposure, any easement approved by Landlord, or any written instrument executed by and shall conform to all applicable limitations set forth above. The portion of such signs shall be mounted above the fascia. Landlord which expressly states that Landlord is waiving its rights under this Article 6 shall designate the company to receive install such Improvements free and clear of all other claims, said 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 third person or entitysigns.

Ownership of Improvements. Notwithstanding anything that is All Improvements shall be the property of Lessee during, and only during, the Term and no longer. During the Term, no Improvements shall be conveyed, transferred or appears to be to the contrary hereinassigned, any and all Improvements erected on the Leased Premises except as permitted under Articles 23, 24 and 25, and at all such times the holder of the leasehold interest of Lessee under this Lease shall be the owner of all Improvements. Any attempted conveyance, transfer or assignment of any of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity shall be void and of no effect whatever, except as permitted under Articles 23, 24 and 25. Notwithstanding the foregoing, Lessee may from time to time replace the Improvements and make Additional Improvements and Alterations, provided that the replacements for such items are of equivalent or better value and quality, and such items are free from any liens and encumbrances except for equipment leases and any other financings expressly permitted hereunder. Upon any termination of this Lease, as well as any and all alterations or additions thereto or any other Improvements or fixtures on the Leased Premises, shall be owned whether by Tenant until reason of the expiration of the Term hereof, or sooner termination pursuant to any provision hereof, or by reason of this Leaseany other cause whatsoever, all of Lessee’s right, title and interest in the Improvements shall cease and terminate and title to the Improvements shall immediately vest in Lessor. Upon Lessee shall surrender the expiration Improvements to Lessor as provided in Article 28. No further deed or sooner other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of this Lease, Lessee, upon request of Lessor, shall execute, acknowledge and deliver to Lessor a quitclaim deed confirming that all of Lessee’s rights, title and interest in the Improvements has expired and that title thereto has vested in Lessor. Notwithstanding the foregoing, the ownership and disposition of all 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 shall remain on the Leased Premises and become the property of Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinerypersonal property, trade fixtures and removable personal property except improvements installed by any subtenants of the Property shall be as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entitytheir subleases.

Ownership of Improvements. Notwithstanding anything that is All improvements now existing or appears to be to the contrary hereinhereafter constructed, any and all Improvements erected installed or placed by Tenant on the Leased Premises (including, without limitation, the Building and any Alterations, the "Improvements") shall be the property of Tenant during, and only during, the Term and no longer. Prior to Reinstatement, the Improvements, Tenant's interest in the easements set forth and described in Article 2 of the Declaration (the "Easements") and Tenant's interest in this Lease may not be conveyed, transferred and/or assigned, directly or indirectly, in whole or in part, except as permitted by provided in Paragraph 9. After any Reinstatement, the Improvements and Tenant's interest in the Easements and in this Lease may be conveyed, transferred and/or assigned together to a single person, corporation or other entity, provided that the assignment of Tenant's interest in this Lease must comply with the provisions and the restrictions set forth in Paragraph 9. Any attempted conveyance, transfer or assignment of the Improvements, Tenant's interest in the Easements and/or Tenants interest in this Lease, as well as any and all alterations whether voluntarily or additions thereto by operation of law or any other Improvements or fixtures on the Leased Premisesotherwise, in violation of this Paragraph shall be owned void and of no effect whatever. Upon any termination of this Lease, whether by Tenant until reason of the expiration of the Term hereof, or sooner pursuant to any provision hereof, or by reason of any other cause whatsoever, all of Tenant's right, title and interest in the Improvements and the Easements shall cease and terminate and title to the Improvements and all of Tenant's interest in the Easements shall immediately vest in Landlord, and Tenant shall surrender the Improvements and its interest in the Easements to Landlord as provided in Paragraph 24(b) hereof. No further deed or other instrument shall be necessary to confirm the vesting in Landlord of title to the Improvements and the Easements and the termination of this Leaseall of Tenant's title and rights thereto and therein. Upon the expiration or sooner However, upon any termination of this Lease, Tenant, upon request of Landlord, shall execute, acknowledge and deliver to Landlord a quitclaim deed and quitclaim xxxx of sale confirming that all of Tenant's rights, title and interest in the Improvements and in and to the Easements has expired and that all alterations, additions or improvements of Tenant's title and rights 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 shall remain on the Leased Premises and become the property of therein has vested in Landlord; provided that Tenant (or its Subtenants, as the case may be) shall retain ownership of and shall be required to remove furniture, equipment, machinery, trade fixtures and removable personal property except as may be left on the Leased Premises with Landlord’s prior written approval. Except as otherwise expressly provided in this Lease, any non-disturbance agreement approved by Landlord, any easement approved by Landlord, or any written instrument executed by Landlord which expressly states that Landlord is waiving its rights under this Article 6 to receive such Improvements free and clear of all other claims, said 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 third person or entity.