Property of Landlord. All Alterations, repairs, and -------------------- restoration completed or installed in or upon the Premises at any time during the Term (excluding Tenant's trade fixtures, equipment, inventory, furnishings and other personal property) shall become the property of Landlord and shall remain upon and be surrendered with the Premises provided that, if prior to the commencement of any Work, Landlord gives written notice to Tenant stating that Landlord will require such Alterations to be removed from the Premises prior to the Expiration Date or earlier termination of this Lease, the same shall be removed from the Premises by Tenant by the Expiration Date (or if this Lease is terminated earlier, then within sixty (60) days after the effective date of such termination) at Tenant's expense. All property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense. Tenant shall be responsible for, and shall reimburse Landlord immediately after written demand therefor, any damage to the Premises caused by the removal or demolition of Tenant's fixtures, structures or other improvements which Tenant is required to remove pursuant to this Section 8.7 or which Tenant elects under the provisions of this Lease to remove. The provisions of this Section 8.7 shall survive the expiration or earlier termination of the Term.
Appears in 1 contract
Samples: Indenture of Lease Agreement (Wells Real Estate Investment Trust Inc)
Property of Landlord. All Alterationsalterations, repairs, physical additions and -------------------- restoration completed or installed improvements in or upon to the Leased Premises at any time (including fixtures) shall, when made, become the property of Landlord (provided that alterations or improvements paid for by Tenant and not from allowances provided by Landlord shall be owned for federal income tax purposes by Tenant during the Term (excluding Tenant's trade fixturesand, equipmentupon the expiration of the Term, inventory, furnishings and other personal property) shall become the property of Landlord Landlord) and shall remain upon and be surrendered with the Premises provided thatto Landlord upon termination of this Lease, if prior to the commencement whether by lapse of any Worktime or otherwise; provided, Landlord gives written notice to however, Tenant stating that Landlord will require such Alterations may remove or cause to be removed from the Leased Premises prior to not later than ten (10) days following the Expiration Date expiration or earlier termination of this LeaseLease trade fixtures, movable equipment and furniture owned or leased by Tenant and Tenant's built-in desks, cabinets, shelves and filing systems. Tenant shall repair all damage to the same Leased Premises and the Project resulting from Tenant's removal of property (excluding, however, and Tenant shall not be required to (i) repair leasehold improvements that Landlord intends to demolish in connection with the build out of the Leased Premises for a new tenant, (ii) repair damage to the Leased Premises occasioned by the installation and removal of Tenant's built-in desks, cabinets, shelves and filing systems provided that the damage is of the type that would reasonably be expected to result from detaching such built-in components from the Leased Premises or (iii) remove the steel rods supporting the aforementioned built-in components). Any property of Tenant not removed from the Leased Premises by Tenant by the Expiration Date not later than ten (or if this Lease is terminated earlier, then within sixty (6010) days after the effective date of such termination) at Tenant's expense. All property permitted following termination or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense. Tenant shall be responsible for, and shall reimburse Landlord immediately after written demand therefor, any damage to the Premises caused by the removal or demolition of Tenant's fixtures, structures or other improvements which Tenant is required to remove pursuant to this Section 8.7 or which Tenant elects under the provisions expiration of this Lease to remove. The provisions shall, at Landlord's option, be deemed the property of this Section 8.7 shall survive the expiration or earlier termination of the TermLandlord.
Appears in 1 contract
Samples: Lease Agreement (Bank United Corp)
Property of Landlord. All Alterationsalterations, repairsinstallations, changes, replacements, attached equipment, laboratory casework, built-in cabinet work sinks and -------------------- restoration completed related plumbing fixtures, laboratory benches, exterior venting fume hoods, additions to, or installed in or improvements in, including wall-to-wall carpet, upon the Premises shall, at any time during the Term election of the Landlord (excluding which election Landlord shall deliver in writing to Tenant at least 120 days prior to the expiration of the Term; and, if Landlord does not timely deliver such election to Tenant's trade fixtures, equipmentLandlord will be deemed to have elected to waive its rights to designate property to be retained under this Section 7.B), inventoryremain upon the Premises, furnishings and other personal property) shall become the property of Landlord and shall remain upon the Landlord, and be surrendered with the Premises provided thatat the expiration or termination of this Lease or upon expiration of any renewal period hereof without disturbance, molestation or injury; provided, however, that if Tenant is not then in default in the performance of any of its obligations under this Lease, Tenant shall have the right (but not the obligation) to remove, during the 90-day period prior to the commencement Lease Expiration Date, any of the foregoing items which Landlord does not wish to retain (or which Landlord is deemed to have waived its right to retain), together with all of Tenant's movable furniture, movable furnishings, or movable equipment, or trade fixtures purchased by Tenant at its sole cost and expense and within the Premises, at the expense of Tenant. If Tenant elects to so remove any such items from the Premises, Txxxxx agrees to repair all material damage to the Premises and the fixtures, appurtenances and equipment of the Landlord therein, and to the Property caused by the Tenant's removal of its furniture, fixtures, equipment, machinery and the like and the removal of any Workimprovements or alterations. Should the Tenant fail to repair all the above referred to damage, then, and in such event, the Landlord gives written notice may repair the said damage at the Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for such expense within 10 business days follow receipt of demand therefor. Notwithstanding anything contained in this Lease to the contrary, Tenant stating that Landlord will require such Alterations to shall have the exclusive use of the furniture, fixtures and equipment (“FF&E”) located on the Premises; the FF&E shall not be removed from the Premises prior to the Expiration Date or earlier termination of this Lease, the same shall be removed from the Premises by Tenant by the Expiration Date used in another location (or if this Lease is terminated earlier, then within sixty (60) days after the effective date of such termination) at Tenant's expense. All property permitted or required to but may be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense. Tenant shall be responsible for, and shall reimburse Landlord immediately after written demand therefor, any damage to in the Premises caused by the removal or demolition of Tenant's fixtures, structures or same manner as other improvements property which Tenant is required entitled to remove pursuant to under this Section 8.7 or which Tenant elects under 7.B during the provisions of this Lease to remove. The provisions of this Section 8.7 shall survive the expiration or earlier termination final 90 days of the Term).
Appears in 1 contract
Samples: Construction Contract (NightHawk Biosciences, Inc.)
Property of Landlord. All Alterations, repairs, Changes and -------------------- restoration completed all Building Service Equipment (as hereinafter defined) made or installed in by or on behalf of Tenant shall, upon the Premises at any time during the Term (excluding Tenant's trade fixturescompletion or installation, equipment, inventory, furnishings and other personal property) shall become the property of Landlord depending on the type of improvement. “Building Service Equipment” shall mean all equipment needed to operate the Premises in an efficient and comfortable manner, including, but not limited to, electrical, plumbing, heating, air conditioning, security and sprinkler and fire protection equipment, pipes, separate water meters, wires, ducts, and fixtures installed for Tenant, and sprinkler monitoring equipment. All machinery, equipment (other than Building Service Equipment), trade fixtures, movable partitions, furniture, and furnishings (except any and all floor or wall coverings installed by Tenant) shall remain upon the property of Tenant, and Tenant shall, unless it has committed an Event of Default, be surrendered with entitled to remove these items immediately at the Premises provided thatexpiration of the Term. Without limiting any similar provision herein, if prior to the commencement of any Work, Landlord gives written notice to it is expressly understood that Tenant stating that Landlord will require such Alterations to be removed shall remove from the Premises prior all data and communications equipment, wiring and cabling (including above ceiling, below raised floors and behind walls) installed by or on behalf of Tenant. In the event that Tenant fails to remove any machinery, equipment or other property of Tenant, which Tenant is entitled to remove at the Expiration Date expiration of this Lease including, without limitation, all telephone, computer and related cabling from the telephone terminal room on the floor on which the Premises are located to and throughout the Premises, such items shall be deemed abandoned by Tenant and Landlord shall be entitled to remove these items immediately upon the expiration or earlier termination of this LeaseLease and store or dispose of these items, the same shall be removed from at Landlord’s option and at Tenant’s sole cost and expense. Tenant shall, at Tenant’s expense, repair any and all damage to the Premises by Tenant resulting from or caused by the Expiration Date (installation, use or if this Lease is terminated earlierremoval of machinery, then within sixty (60) days after equipment or other property, and the effective date removal of such termination) all telephone, computer and related cabling throughout the Premises, ordinary wear and tear excepted, at Tenant's expense. All property permitted or required to be removed by Tenant at before the end of the Term remaining in Term, or sooner if requested by Landlord. In the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense. event Tenant shall be responsible for, and shall reimburse Landlord immediately after written demand therefor, fails to repair any damage to the Premises caused by the removal or demolition of Tenant's fixtures, structures or other improvements which activities that Tenant is required permitted or obligated to remove pursuant to undertake under this Section 8.7 or which Tenant elects under the provisions of this Lease to remove. The provisions of this Section 8.7 shall survive Section, before the expiration or earlier termination of this Lease, then Landlord shall be entitled to perform or cause to be performed such repairs at Tenant’s sole cost and expense. Upon and during the Termcontinuance of an Event of Default and to the extent permitted by law, all machinery, equipment, trade fixtures, movable partitions, furniture, and furnishings installed by Tenant and not subject to the lien of any prior secured party (other than items containing biologically active or other hazardous substances or materials) shall not be removed by Tenant or any other person without the prior written consent of Landlord.
Appears in 1 contract
Samples: Office Lease (Ncino, Inc.)
Property of Landlord. All Alterationsalterations, repairsphysical additions, and -------------------- restoration completed or installed improvements in or upon to the Premises at any time during the Term (excluding Tenant's trade including fixtures) shall, equipmentwhen made, inventory, furnishings and other personal property) shall become the property of Landlord and shall remain upon and be surrendered with to Landlord without compensation to Tenant upon termination of this Lease, whether by lapse of time or otherwise; provided, that Landlord may require Tenant to remove all of Tenant's personal property upon the Premises provided that, if prior expiration or earlier termination of this Lease or the termination of Tenant's right to possession of the Premises. Notwithstanding the foregoing to the commencement contrary, Tenant may remove all trade fixtures, movable equipment or furniture owned or leased by Tenant and Tenant's special light fixtures (such as chandeliers), audio visual equipment, shelves and filing systems, as well as such other fixtures installed by Tenant that Tenant and Landlord agree at the time of such installation that Tenant shall be permitted to remove same, but Tenant cannot remove any Workbuilt-in fixtures, Landlord gives written notice to Tenant stating that Landlord will require built-in equipment, built-in furniture, flooring, or wall paneling. Any such Alterations removal permitted to be removed from made by Tenant hereunder shall be made within thirty (30) days after the Premises prior to the Expiration Date expiration or earlier termination of this Lease, or the same termination of Tenant's right to possession of the Premises, or Tenant shall be removed forfeit such removal rights. Tenant shall bear the costs of all removal of Tenant's property and removal of any non-Building standard items from the Premises by Tenant by the Expiration Date (or if this Lease is terminated earlier, then within sixty (60) days after the effective date of such termination) at Tenant's expense. All property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense. Tenant shall be responsible for, and shall reimburse Landlord immediately after written demand therefor, any damage all repairs to the Premises Premises, Building or Project caused by the removal or demolition of Tenant's fixtures, structures or other improvements which Tenant is required to remove pursuant to this Section 8.7 or which Tenant elects under the provisions of this Lease to remove. The provisions of this Section 8.7 shall survive the expiration or earlier termination of the Termsuch removal.
Appears in 1 contract
Property of Landlord. All Alterationsalterations, repairs, physical additions and -------------------- restoration completed or installed improvements in or upon to the Leased Premises at any time (including fixtures) shall, when made, become the property of Landlord (provided that alterations or improvements paid for by Tenant and not from allowances provided by Landlord shall be owned for federal income tax purposes by Tenant during the Term (excluding Tenant's trade fixturesand, equipmentupon the expiration of the Term, inventory, furnishings and other personal property) shall become the property of Landlord Landlord) and shall remain upon and be surrendered with the Premises provided thatto Landlord upon termination of this Lease, if prior to the commencement whether by lapse of any Worktime or otherwise; provided, Landlord gives written notice to however, Tenant stating that Landlord will require such Alterations may remove or cause to be removed from the Leased Premises prior to not later than ten (10) days following the Expiration Date expiration or earlier termination of this LeaseLease trade fixtures, movable equipment and furniture owned or leased by Tenant and Tenant's built in desks, cabinets, shelves and filing systems. Tenant shall repair all damage to the same Leased Premises and the Project resulting from Tenant's removal of property (excluding, however, and Tenant shall not be required to (i) repair leasehold improvements that Landlord intends to demolish in connection with the build out of the Leased Premises for a new tenant, (ii) repair damage to the Leased Premises occasioned by the installation and removal of Tenant's built in desks, cabinets, shelves and filing systems provided that the damage is of the type that would reasonably be expected to result from detaching such built in components from the Leased Premises or (iii) remove the steel rods supporting the aforementioned built-in components). Any property of Tenant not removed from the Leased Premises by Tenant by the Expiration Date not later than ten (or if this Lease is terminated earlier, then within sixty (6010) days after the effective date of such termination) at Tenant's expense. All property permitted following termination or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense. Tenant shall be responsible for, and shall reimburse Landlord immediately after written demand therefor, any damage to the Premises caused by the removal or demolition of Tenant's fixtures, structures or other improvements which Tenant is required to remove pursuant to this Section 8.7 or which Tenant elects under the provisions expiration of this Lease to remove. The provisions shall, at Landlord's option, be deemed the property of this Section 8.7 shall survive the expiration or earlier termination of the TermLandlord.
Appears in 1 contract