Ownership of Improvements. All Improvements constructed, installed or 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 provisions 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 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 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 hereunder. Upon any termination of this Lease, whether by reason of the expiration of the Term hereof, or pursuant to any provision hereof, or by reason of any 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or 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 that title thereto has vested in Lessor.
Appears in 1 contract
Samples: Annual Report
Ownership of Improvements. All Improvements constructed, installed or 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 provisions 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 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 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 hereunder. Upon any termination of this Lease, whether by reason of the expiration of the Term hereof, or pursuant to any provision hereof, or by reason of any 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or 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 bill xx sale confirming that all of Lessee's rights, title and interest in the Improvements has expired and that title thereto has vested in Lessor.
Appears in 1 contract
Ownership of Improvements. A. [§501] Ownership During Term Title to the Building Shell shall remain in City. All Improvements constructed, installed or placed by Lessee improvements to real property constructed on the Premises shall by Tenant as permitted or required by this Lease shall, during this Lease term, be and remain the property of Lessee duringTenant, provided however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements, and only duringprovided, further, that Tenant’s rights and powers with respect to the Term improvements are subject to the terms and no longerlimitations of this Lease.
B. [§502] Ownership at Termination
1. During At the Termexpiration or sooner termination of this Lease term, Landlord may, at Landlord’s election, demand the Improvements shall not be conveyedremoval from the Premises, transferred or assigned unless such conveyanceat Tenant’s sole cost and expense, transfer or assignment of all improvements, fixtures, and/or furnishings, as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to a person, corporation or take effect on any other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the provisions termination 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 effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination.
2. Any fixtures or furnishings not removed by Tenant within thirty (30) days of the Improvements. Any 15 attempted conveyance, transfer or assignment termination of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity this Lease shall be void deemed to be abandoned by Tenant and shall, without compensation to Tenant, then become the Landlord’s property, free and clear of no effect whatever except a conveyance, transfer all claims to or assignment to a person, corporation against them by Tenant or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the 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 hereunderthird party.
3. Upon any termination of this Lease, whether by reason of the expiration of the Term hereofterm or otherwise, all improvements not required to be removed by Tenant as hereinabove provided shall, without compensation to Tenant, then remain Landlord’s property, free and clear of all claims to or pursuant to against them by Tenant or any third party.
4. Tenant shall defend and indemnify Landlord against all liability and loss arising from any such claims or from Landlord’s exercise of the rights conferred by this Section 502.
5. Notwithstanding any provision hereofin this Lease to the contrary, or by reason of any other cause whatsoever, all of Lessee's right, title and interest in the Improvements event Tenant fails to remove any property as demanded by Landlord, then Landlord after ten days written notice to Tenant, and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall cease not be required to) place such property in storage for the account of and terminate and title to at the Improvements shall vest expense of Tenant in Lessor unless Lessor makes which event the election to require demolition pursuant to Article 30. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or other instrument provisions of Section 1105 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 that title thereto has vested in Lessorapplicable.
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All Improvements constructed, installed or placed A. Title to Fixtures on the Leased Premises at the commencement of this Agreement is retained by the City. The ownership of all approved Fixtures made by Lessee on hereunder shall remain forever after with the Premises City, as will any and all equipment furnished and installed by the City, as specified in Exhibit B, attached hereto. Temporary and non-affixed improvements, equipment and furniture that are furnished by the Lessee shall be remain the property of the Lessee during, and only during, may be removed at 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 provisions of (but without limitation conclusion of the restrictions set forth in) Article 24, and at all such times tenancy.
B. In the holder of event that City consents to the leasehold interest of Lessee under this Lease shall be the owner of the Improvements. Any 15 attempted conveyance, transfer or assignment of this Agreement, ownership of all approved Fixtures and equipment as listed in Exhibits B and C shall remain on the Improvements, whether voluntarily or by operation Leased Premises under the terms of law or otherwise, to any person, corporation or other entity shall be void and this Agreement.
C. In the event 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 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 hereunder. Upon any termination of this LeaseAgreement, whether 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 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 Exhibit B, at the expiration of the Term hereof, term (or pursuant to any provision hereof, or by reason of any 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any sooner termination of this Agreement) 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 claims or from the City's exercise of the rights conferred by this paragraph.
E. A copy of all receipts shall be provided to the Airport Director for each and every improvement, repair and fixture of any type made or added during the term 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 that title thereto has vested in Lessor.
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All Title to all Improvements constructed, and alterations constructed or installed or placed by Lessee on the Premises Site shall be 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 termination of this Agreement (whether by expiration of the Term hereof or 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 Agreement. All furniture, signs, and fixtures shall remain the property of Lessee duringthe City and shall be removed by City prior to the expiration or 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 only duringand, therefore, the Term and no longer. During the Term, the Improvements City 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 repair and restore any damage to the Site or Improvements thereon caused by such removal in compliance with a manner reasonably satisfactory to the provisions 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 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 provisions of (but without limitation of the restrictions set forth in) Article 24CEO. Notwithstanding the foregoing, Lessee if the Authority requires the City to demolish the Improvements, then the City may from time to time replace items of personal property remove its furniture, signs and fixtures provided that without regard to damage to the replacements for Improvements. The failure to so remove such items are of equivalent or better value and qualityfurniture, signs, and such items are free from any liens 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 encumbrances except as permitted hereunder. Upon any termination conditions of this Lease, whether by reason but all such property not removed within the time above specified shall be deemed abandoned, in which case the Authority may use or dispose of the expiration of the Term hereof, or pursuant same as it shall see fit without any liability to any provision hereof, or by reason of any 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or 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 that title thereto has vested in LessorCity therefor.
Appears in 1 contract
Samples: Ground Lease Agreement
Ownership of Improvements. All Improvements constructed, installed or 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 no Improvements shall not be conveyed, transferred or assigned unless such conveyanceassigned, transfer or assignment shall be to a personexcept as permitted under Articles 23, corporation or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the provisions of (but without limitation of the restrictions set forth in) Article 2424 and 25, and at all such times the holder of the leasehold interest of Lessee under this Lease shall be the owner of the all Improvements. Any 15 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 whatever, except a conveyanceas permitted under Articles 23, 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 provisions of (but without limitation of the restrictions set forth in) Article 2424 and 25. Notwithstanding the foregoing, Lessee may from time to time replace items of personal property the Improvements and fixtures 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 as 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 pursuant to any provision hereof, or by reason of any other cause whatsoever, all of Lessee's ’s right, title and interest in the Improvements shall cease and terminate and title to the Improvements shall immediately vest in Lessor unless Lessor makes the election to require demolition pursuant to Article 30Lessor. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof28. No further deed or 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 ’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 personal property, trade fixtures and improvements installed by any subtenants of the Property shall be as provided in their subleases.
Appears in 1 contract
Samples: Ground Lease (Vmware, Inc.)
Ownership of Improvements. All Improvements improvements now existing or hereafter constructed, installed or placed by Lessee Tenant on the Premises (including, without limitation, the Building and any Alterations, the "Improvements") shall be the property of Lessee Tenant during, and only during, the Term and no longer. During the TermPrior to Reinstatement, the Improvements shall 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 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 unless such conveyance, transfer or assignment shall be together to a single person, corporation or other entity to whom entity, provided that the assignment of Tenant's interest in this Lease is being transferred or assigned simultaneously therewith in compliance must comply with the provisions of (but without limitation of and 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 Improvementsin Paragraph 9. Any 15 attempted conveyance, transfer or assignment of the Improvements, Tenant's interest in the Easements and/or Tenants interest in this Lease, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity in violation of this Paragraph shall be void and 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 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 hereunderwhatever. Upon any termination of this Lease, whether by reason of the expiration of the Term hereof, or pursuant to any provision hereof, or by reason of any other cause whatsoever, all of LesseeTenant'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 Lessor unless Lessor makes the election to require demolition pursuant to Article 30. Lessee Landlord, and Tenant shall surrender the Improvements and its interest in the Easements to Lessor Landlord as provided in Article 30 Paragraph 24(b) hereof. No further deed or other instrument shall be necessary to confirm the vesting in Lessor Landlord of title to the ImprovementsImprovements and the Easements and the termination of all of Tenant's title and rights thereto and therein. However, upon any termination of this Lease, LesseeTenant, upon request of LessorLandlord, shall execute, acknowledge and deliver to Lessor Landlord a quitclaim deed and quitclaim xxxx of sale confirming that all of LesseeTenant's rights, title and interest in the Improvements and in and to the Easements has expired and that all of Tenant's title and rights thereto and therein has vested in LessorLandlord.
Appears in 1 contract
Samples: Lease Agreement (Handspring Inc)
Ownership of Improvements. All Improvements constructedbuildings, installed structures and fixtures of every kind now existing or hereafter erected or placed by Lessee on the demised Premises shall be at 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 provisions of (but without limitation end 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 term 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 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 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 hereunder. Upon any earlier termination of this Lease, whether for any reason be and become the property of the Lessor and shall be left in good condition and repair, ordinary wear and damage by reason the elements excepted. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Lessee and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture personalty, signs, trade fixtures and equipment owned by the Lessee at the expiration of the Term hereof, term or pursuant to any provision hereof, or by reason of any 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any earlier termination of this Lease, for any reason, shall continue to be owned by Lessee, and, at the time of such expiration or earlier termination, Lessee at its option, may remove, provided the Lessee is 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 compensated except that, upon request of demand by Lessor, Lessee shall executeremove any property designated by Lessor from the Premises. If Lessee shall fail to remove personalty within thirty (30) days of demand by Lessor, acknowledge then Lessor may effect such removal and deliver restoration at Lessee’s expense and Lessee agrees to pay Lessor such expense promptly upon receipt of a quitclaim deed and quitclaim xxxx proper invoice therefor. Any damage to the demised Premises caused by the removal by Lessee, of sale confirming that all of Lessee's rightsany such personalty, title and interest in the Improvements has expired and that title thereto has vested in Lessorshall be repaired by Lessee forthwith at its expense.
Appears in 1 contract
Samples: Lease and Operating Agreement (Palace Entertainment Holdings, Inc.)
Ownership of Improvements. All Improvements constructed, installed or 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 provisions of (but without limitation of the restrictions set forth ina) 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 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 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 hereunder. Upon any termination of this Lease, whether by reason of the expiration of the Term hereofor 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 provision hereofpart 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 reason Tenant, deemed abandoned by Tenant and thereupon the same shall immediately become the property of Landlord without notice or compensation of any other cause whatsoeverkind to Tenant. At Landlord's option, all Tenant shall remove the signs designated by Landlord subject to the rights of Lesseethe 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 rightProperty or signs which Landlord has requested Tenant to remove pursuant to Section 7.1(b) of this Lease, title Landlord shall have the right to remove and interest 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 Improvements shall cease Capital Replacement Fund to remove such Tenant's Property or signs and terminate to replace the same with like kind and title quality, subject to the Improvements shall vest in Lessor unless Lessor makes the election to require demolition pursuant to Article 30provisions of Section 19.8(d) of this Lease. Lessee shall surrender the Improvements to Lessor 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 Article 30 hereofthis Lease, other rights in respect of any such Marks or System Marks. No further deed or other instrument shall be necessary to confirm the vesting in Lessor In case of title any damage to the ImprovementsDevelopment 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. However, upon any This obligation shall survive 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 that title thereto has vested in Lessor.. 108
Appears in 1 contract
Samples: Lease Agreement (JCC Holding Co)
Ownership of Improvements.
A. [§501] Ownership During Term Title to the Building Shell shall remain with City. All Improvements constructed, installed or placed by Lessee improvements to real property constructed on the Premises shall Site by Tenant as permitted or required by this Lease shall, during this Lease term, be and remain the property of Lessee duringTenant, provided however, that Tenant shall have no right to waste, destroy, demolish or remove the improvements, and only duringprovided, further, that Tenant’s rights and powers with respect to the Term improvements are subject to the terms and no longerlimitations of this Lease.
B. [§502] Ownership at Termination
1. During At the Termexpiration or sooner termination of this Lease term, Landlord may, at Landlord’s election, demand the Improvements shall not be conveyedremoval from the Site, transferred or assigned unless such conveyanceat Tenant’s sole cost and expense, transfer or assignment of all improvements, fixtures, and/or furnishings that Tenant made to the Site, as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to a person, corporation or take effect on any other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the provisions termination 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 effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination.
2. Any fixtures or furnishings not removed by Tenant within thirty (30) days of the Improvements. Any 15 attempted conveyance, transfer or assignment termination of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity this Lease shall be void deemed to be abandoned by Tenant and shall, without compensation to Tenant, then become the Landlord’s property, free and clear of no effect whatever except a conveyance, transfer all claims to or assignment to a person, corporation against them by Tenant or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the 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 hereunderthird party.
3. Upon any termination of this Lease, whether by reason of the expiration of the Term hereofterm or otherwise, all improvements not required to be removed by Tenant as hereinabove provided shall, without compensation to Tenant, then remain Landlord’s property, free and clear of all claims to or pursuant to against them by Tenant or any third party.
4. Tenant shall defend and indemnify Landlord against all liability and loss arising from any such claims or from Landlord’s exercise of the rights conferred by this Section 502.
5. Notwithstanding any provision hereofin this Lease to the contrary, or by reason of any other cause whatsoever, all of Lessee's right, title and interest in the Improvements event Tenant fails to remove any property as demanded by Landlord, then Landlord after ten days written notice to Tenant, and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall cease not be required to) place such property in storage for the account of and terminate and title to at the Improvements shall vest expense of Tenant in Lessor unless Lessor makes which event the election to require demolition pursuant to Article 30. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or other instrument provisions of Section 1105 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 that title thereto has vested in Lessorapplicable.
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All i. If any Structural Improvements constructedare erected or installed by Tenant, installed they shall at once become part of the realty, building, or placed by Lessee on land upon or within which they are erected and shall immediately become the property of, and title thereto shall vest in Landlord, and shall be surrendered with the Premises shall be the property on expiration 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 provisions 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 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 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 hereunder. Upon any termination of this Lease, whether by reason except that if Landlord has in writing given Tenant permission to construct such Structural Improvements only upon the condition that they be removed at the termination of the expiration of the this Lease or any extended Term hereof, or pursuant to any provision hereof, or by reason of any other cause whatsoever, all of Lessee's right, title and interest in then such “Conditional Structural Improvements” shall at 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of this LeaseLease or any extended Term hereof, Lesseeand in no event later than thirty (30) days after such date of expiration or termination, upon request be removed at Tenant’s sole expense and the Premises restored to its former condition.
ii. Notwithstanding any other provisions herein, the Landlord shall have the right, at any time, to require the immediate removal of Lessorany Structural Improvements installed without the prior consent of the Landlord.
iii. If the removal of any such installation or alterations damages any part or parts of the buildings, pavements, or other portion of the Premises, Tenant shall executeimmediately repair such damage and restore said damaged part or parts of said building, acknowledge and deliver pavements or Premises to Lessor a quitclaim deed and quitclaim xxxx the satisfaction of sale confirming that all of Lessee's rightsthe Landlord’s City Engineer/Public Works Director, title and interest in the Improvements has expired and that title thereto has vested in Lessorwhich such approval shall not be unreasonably withheld.
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All Improvements constructed, installed or 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 no Improvements shall not be conveyed, transferred or assigned unless such conveyanceassigned, transfer or assignment shall be to a personexcept as permitted under Articles 23, corporation or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the provisions of (but without limitation of the restrictions set forth in) Article 2424 and 25, and at all such times the holder of the leasehold interest of Lessee under this Lease shall be the owner of the all Improvements. Any 15 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 whatever, except a conveyanceas permitted under Articles 23, 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 provisions of (but without limitation of the restrictions set forth in) Article 2424 and 25. Notwithstanding the foregoing, Lessee may from time to time replace items of personal property the Improvements and fixtures 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 as 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 pursuant to any provision hereof, or by reason of any other cause whatsoever, all of Lessee's ’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 unless Lessor makes the election to require demolition pursuant to Article 30Lessor. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof28. No further deed or 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 ’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 personal property, trade fixtures and improvements installed by any subtenants of the Property shall be as provided in their subleases.
Appears in 1 contract
Samples: Ground Lease (Vmware, Inc.)
Ownership of Improvements. All a. During the term of this Agreement, LESSEE shall own all Improvements constructed, installed or placed permitted by Lessee CITY constructed 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 provisions of (but without limitation until expiration 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 Initial or assignment of the Improvements, whether voluntarily Renewal Term or by operation of law or otherwise, to any person, corporation or other entity shall be void and 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 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 hereunder. Upon any sooner termination of this LeaseAgreement. LESSEE shall not remove any Improvements once constructed on the Premises, whether expect as permitted in writing by reason CITY.
b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to LESSEE, become CITY’s property free and clear of any and all claims against them by LESSEE or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration 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 hereofor 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 pursuant 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 provision hereof, or by reason of any other cause whatsoever, all of Lessee's rightImprovements that CITY does not exercise said option for removal, title and interest in the Improvements shall cease and terminate and title to the Improvements thereto shall vest in Lessor unless Lessor makes the election CITY, without cost to require demolition pursuant CITY, and without any payment to Article 30. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or 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 that title thereto has vested in LessorLESSEE.
Appears in 1 contract
Samples: Ground Lease Agreement
Ownership of Improvements. All Improvements constructed, installed Any and all buildings and improvements now existing or hereafter placed by Lessee or erected on the Premises Property or the Easements, and any and all subsequent alterations, modifications, additions and replacements thereto or thereof, shall be and remain the property of Lessee during, and only during, Tenant throughout 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 provisions 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 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 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 hereunder. Upon any termination term of this Lease, whether by reason of the expiration of the Term and any extension hereof, and Tenant shall retain all rights to depreciation deductions and tax credits arising from the ownership thereof. Subject to the provisions of Subsection 8.4, any and all buildings and improvements then existing on the Property as well as any and all fixtures thereto, except furniture equipment, and trade fixtures, made or pursuant to any provision hereof, placed in or on the Property by reason of Tenant or any other cause whatsoever, all of Lessee's right, title and interest in the Improvements person 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed on expiration or other instrument shall be necessary to confirm the vesting in Lessor of title to the Improvements. However, upon any sooner termination of this LeaseLease remain on the Property and become the property of Landlord, Lesseeunless Landlord gives written notice to Tenant that any or all such buildings and improvements, are to be removed from the Property, in which case Tenant shall remove same and return all or such portion of the Property to its original condition or as near thereto as is reasonably possible, at Tenant’s sole cost and expense, within sixty (60) days of the termination of this Lease as to that portion of the Property upon request which such building or improvement, to be removed is situated; provided, however, that such time period shall be extended to one hundred and twenty (120) days if Landlord requires Tenant to remove or demolish any building. If Tenant fails to remove any building or improvement, as required by this Subsection 7.9 within the time period stated, then Landlord may undertake and complete such removal; and the cost of Lessorsuch removal, together with interest thereon at a floating rate which is the highest floating rate most recently published in the Wall Street Journal “Money Rates” as the base rate on corporate loans at large U.S. money center commercial banks, whether that rate may be designated in said publication as a “prime” rate, a “base” rate, a “reference” rate or otherwise, plus two percent (2%) per annum, from the date of the payment therefore, shall executebe payable, acknowledge and deliver on demand, from Tenant 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 that title thereto has vested in LessorLandlord.
Appears in 1 contract
Ownership of Improvements. [501] Ownership During Term Title to the Premises and CITY Facilities shall remain in CITY. All Improvements constructed, installed or placed by Lessee improvements to real property constructed on the Premises shall by AMTRAK as permitted or required by this Lease shall, during this Lease term, be and remain the property of Lessee duringAMTRAK, provided however, that AMTRAK shall have no right to waste, destroy, demolish or remove the improvements, and only duringprovided, further, that AMTRAK’s rights and powers with respect to the Term improvements are subject to the terms and no longerlimitations of this Lease. During §[502] Ownership at Termination
a. At the Termexpiration or sooner termination of this Lease term, CITY, at CITY’s election, may demand the Improvements shall not be conveyedremoval from the Premises, transferred or assigned unless such conveyanceat AMTRAK’s sole cost and expense, transfer or assignment of all improvements, fixtures, equipment and/or personal property, as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to a person, corporation or take effect on any other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the provisions termination 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 effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination.
b. In the owner event CITY does not demand the removal of all of AMTRAK’s fixtures and personal property as stated in Subsection (a) above, then any fixtures or personal property not removed by AMTRAK within thirty (30) days of the Improvements. Any 15 attempted conveyance, transfer or assignment termination of the Improvements, whether voluntarily or by operation of law or otherwise, to any person, corporation or other entity this Lease shall be void deemed to be abandoned by AMTRAK and without compensation to AMTRAK, shall become the CITY’s property, free and clear of no effect whatever except a conveyance, transfer all claims to or assignment to a person, corporation against them by AMTRAK or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with the 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 hereunder. third party.
c. Upon any termination of this Lease, whether by reason of the expiration of the Term hereofterm or otherwise, all improvements not required to be removed by AMTRAK as hereinabove stated in Subsection (a) shall, without compensation to AMTRAK, remain CITY’s property, free and clear of all claims to or against them by AMTRAK or any third party.
d. In the event AMTRAK fails to remove any fixtures, equipment, or personal property as demanded by CITY pursuant to Subsection (a), CITY after ten (10) days written notice to AMTRAK, and without waiving or releasing AMTRAK from any provision hereofobligation of AMTRAK hereunder, or by reason may (but shall not be required to) place such property in storage for the account of any other cause whatsoever, all and at the expense of Lessee's right, title and interest AMTRAK in which event 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. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or other instrument provisions of this Lease 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 that title thereto has vested in Lessorapplicable.
Appears in 1 contract
Samples: Lease Agreement
Ownership of Improvements. All a. During the term of this Agreement, LESSEE shall own all Improvements constructed, installed or placed permitted by Lessee CITY constructed 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 provisions of (but without limitation until expiration 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 Initial or assignment of the Improvements, whether voluntarily Renewal Term or by operation of law or otherwise, to any person, corporation or other entity shall be void and 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 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 hereunder. Upon any sooner termination of this LeaseAgreement. LESSEE shall not remove any Improvements once constructed on the Premises, whether expect as permitted in writing by reason CITY.
b. Upon termination of this Agreement, all Improvements on the Premises shall, without compensation to XXXXXX, become CITY’s property free and clear of any and all claims against them by XXXXXX or any third party unless an Agreement is otherwise reached by the PARTIES and reduced to writing.
i. Upon termination or expiration 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 hereofor 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 pursuant 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 provision hereof, or by reason of any other cause whatsoever, all of Lessee's rightImprovements that CITY does not exercise said option for removal, title and interest in the Improvements shall cease and terminate and title to the Improvements thereto shall vest in Lessor unless Lessor makes the election CITY, without cost to require demolition pursuant CITY, and without any payment to Article 30. Lessee shall surrender the Improvements to Lessor as provided in Article 30 hereof. No further deed or 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 that title thereto has vested in LessorLESSEE.
Appears in 1 contract
Samples: Ground Lease Agreement