Removal of Fixtures. (a) So long as the Tenant is not in default hereunder at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof. (b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof. (c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. (d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant. (e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 2 contracts
Samples: Lease Amendment and Consent Agreement (NACG Holdings Inc.), Lease (NACG Holdings Inc.)
Removal of Fixtures. Except as may be otherwise expressly agreed by the Landlord in writing, no Leasehold Improvements, trade fixtures, furniture or equipment shall be removed by the Tenant from the Premises, either during or at the expiration or sooner termination of the Term; provided that notwithstanding the foregoing:
(a) So long as during the Term of this Lease, the Tenant may remove from the Premises furniture, drapery or equipment in the normal course of its business, and where and to the extent that such furniture, drapery or equipment has become excess for the Tenant's purposes, or when the Tenant is not substituting therefor furniture, drapery or equipment of an equivalent value. At the end of the Term, the Tenant may remove furniture and equipment and trade fixtures, and may, if the Landlord consents in default hereunder writing, remove drapery and drapery hardware;
(b) the Tenant shall at the expiration end of the Term remove Leasehold Improvements from the Premises as the Landlord shall require to be removed and, if any alterations shall have been made, restore the Premises to the condition it was in prior to the alterations unless the Landlord prefers that the alterations remain. If the Landlord prefers that the alterations remain it shall be without any compensation being allowed to the Tenant for same. Any removal or restoration work to be done by the Tenant shall be completed prior to the expiry of the Term. This Subsection 8.5 shall survive the expiry or earlier termination of this Lease;
(c) in the case of any removal either during or at the end of the Term, the Tenant shall then have the right to remove at its trade fixtures from the Premises but shall expense, make good any damage caused to the Premises resulting from or the Project by the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord.removal;
(d) Notwithstanding that any trade fixturesin the event that, alterationsfor whatever reason, additionsthe Tenant has not completed restoration work either prior to the expiry of the Term or immediately after the termination of the Term, improvements or fixtures are or may become the property of Tenant shall pay to the Landlord, the Tenant shall forthwith remove all or part Landlord' s reasonable estimate of the same and shall make good any damage caused cost to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenantcomplete such restoration as a Special Service.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Removal of Fixtures. (a) So long as At the Tenant is not in default hereunder at the expiration end of the Termterm of this lease, or any extension or renewal thereof, Lessor will permit the Tenant removal of all fixtures of the Lessee placed by it in or on the Premises, including exterior signs, except those fixtures permanently affixed to the real estate or those which cannot be removed without permanent injury to said real estate. If Lessee shall then have the right fail to remove any of its trade fixtures property of any nature whatsoever from the Premises but at the termination of this lease, or when Lessor has the right of re-entry, Lessor may, at its option, remove and store said property without liability for loss thereof or damage thereof, except as a result of Lessor's negligence, such storage to be for the account, and at the expense, of Lessee. If Lessee shall make good not pay the cost of storing any damage caused such property after it has been stored for a period of thirty (30) days or more, Lessor may, at its option, sell or permit to be sold, any or all of such property at public or private sale, in such a manner and at such times and places as Lessor, in its sole discretion, may deem proper, upon ten (10) days' prior notice to Lessee. The proceeds of sale shall be applied in order of priority: (i) to the Premises resulting from cost and expense of such sale, including reasonable attorneys' fees; (ii) to the installation payment of the costs or removal thereofcharges for storing any such property; (iii) to the payment of any other sums of money which may then be, or thereafter become, due Lessor form Lessee under any of the terms hereof; (iv) the balance, if any, to Lessee. Except as specifically provided that herein, all erections, alterations, additions and improvements constructed and installed to the Premises, whether temporary or permanent in character, which may be made upon the Premises and attached in any manner to either by Lessor or Lessee, shall be the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures property of Lessor and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become a part thereof at the property termination of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlordlease, without indemnity compensation to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the LandlordLessee.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Triple Net Lease (Telect Inc)
Removal of Fixtures. (a) So long as the Tenant is not in default hereunder at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s 's expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Removal of Fixtures. (a) So long as the Tenant is not in default hereunder at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in ten days immediately following such event, as of the moment of default by the Tenant, all alterations, additions, and improvements made to the Premises but specifically excluding all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed deeded to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s 's expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Lease (Onvia Com Inc)
Removal of Fixtures. Without Xxxxxx's written consent„ the Lessee shall not remove any fixtures, appliances, additions or improvements from the Apartment except as hereinafter provided. If the Lessee, or a prior lessee, shall have heretofore placed, or the Lessee shall hereafter place in the Apartment at the Lessee's own expense, any additions, improvements, appliances or fixtures, including but not limited to fireplace mantels, lighting fixtures, refrigerators, air conditioners, dishwashers, washing machines, ranges, woodwork, wall paneling, ceilings, special doors or decorations, special cabinet work, special stair railings or other built-in ornamental items, which can be removed without structural alterations or permanent damage to the Apartment, then title thereto shall remain in the Lessee and the Lessee shall have the right, prior to the termination of this Lease, to remove the same at the Lessee's own expense, provided:
(ai) So long as that the Tenant is Lessee at the time of such removal shall not be in default hereunder in the payment of rent or in the performance or observance of any other covenants or conditions of this Lease; (ii) that the Lessee shall, at the expiration of the TermLessee's own expense, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused prior to the Premises resulting from termination of this Lease, repair all damage to the Apartment which shall have been caused by either the installation or removal thereofof any of such additions, improvements, appliances or fixtures; provided (iii) that all alterationsif the Lessee shall have removed from the Apartment any articles or materials owned by the Lessor or its predecessor in title, additions or any fixtures or equipment necessary for the use of the Apartment, the Lessee shall either restore such articles and improvements constructed materials and installed fixtures and equipment and repair any damage resulting from their removal and restoration, or replace them with others of a kind and quality customary in the Premises comparable buildings and attached in any manner satisfactory to the floors, walls or ceiling, including Lessor; (iv) that if any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except mortgagee had acquired a lien on such property prior to the extent the Landlord requires removal thereof.
(b) If the Tenant fails execution of this Lease, Lessor shall first procure from such mortgagee its written consent to remove its trade fixtures such removal, and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default any cost and expense incurred by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages Lessor in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant thereof shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be have been paid by the Tenant Lessee; and (v) that prior to any such removal, the Lessee shall give written notice thereof to the LandlordLessor.
Appears in 1 contract
Samples: Proprietary Lease
Removal of Fixtures. (a) So The Sub-Tenant may, so long as the Tenant is not in no event of default hereunder then exists, at or prior to the expiration of the TermTerm hereby granted, the Tenant shall then have the right to take, remove its trade fixtures and carry away from the Premises but premises hereby leased all fixtures, fittings, plant, machinery, utensils, shelving, counters, safes or other articles in the nature of trade or tenants' fixtures belonging to or brought upon the Leased premises or shall make good any damage caused to which may be occasioned by such removal, and shall at the Premises resulting Landlords option restore or replace any parts which may previously have been removed or altered by the Sub-Tenants; provided further that the Sub-Tenant shall not remove or carry away from the installation leases Premises any building or removal thereof; provided that all alterationsany plumbing, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls heating or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.ventilating plant or equipment or other building
(b) If the Sub-Tenant fails to remove its trade fixtures and restore the Leased Premises as aforesaid, all such trade fixtures shall become the property of the sub-Landlord except to the extent that the sub-Landlord continues to require removal thereofthereof pursuant to subclause (d) of this Article 5.06.
(c) Should the Sub-Tenant abandon the Leased Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part any Event of the Tenant Default then, in such event, as of the moment happening of default by the TenantEvent of Default, all trade or Sub-Tenants' fixtures and furnishings of the Sub-Tenant (whether or not attached in any manner to the Leased Premises) shall, except to the extent the sub-Landlord requires the removal thereofhereof pursuant to subclause (d) of this Article 5.06, become and be deemed to be the property of the sub-Landlord, without indemnity to the Sub-Tenant and as additional liquidated damages in respect of such default but and without prejudice to any other right or remedy of the sub-Landlord.
(d) Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or of fixtures are or may become the property Property of the Landlordsub-Landlord pursuant to the other provisions of this Article 5.06, the Sub-Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Leased Premises resulting from the installation or removal thereof, all at the Sub-Tenant’s 's expense, should the sub-Landlord so require by notice to the TenantSub-Tenant and whether or not the Term of this Lease has expired or otherwise been terminated.
(e) If the Sub-Tenant, after receipt of a notice from the Landlordsub-Landlord pursuant to subclause (d) of this Article 5.06, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the sub-Landlord may enter into the Leased Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Sub-Tenant, which expense shall forthwith be paid by the Sub-Tenant to the sub-Landlord.
Appears in 1 contract
Removal of Fixtures. (a) So long as the Tenant is not in default hereunder hereunder, the Tenant shall, at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and permanently installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereofthereof pursuant to Section 14.3(d).
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereofthereof pursuant to Section 14.3(d).
(c) Should the Tenant abandon the Premises or should this Lease be terminated or the Landlord become entitled to re-enter before the proper expiration of the Term due to a failure or default on the part of the Tenant thenTenant, then in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings furnishing of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereofthereof pursuant to Section 14.3(d), become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated on account of damages in respect of such failure or default but and without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s 's expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the LandlordLandlord pursuant to Section 14.3(d), fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, Tenant which expense shall forthwith be paid by the Tenant to the Landlord, together with an administration fee of twenty percent (20%) of such expense.
(f) Section 18.5 shall apply, except as otherwise specified in this Section 14.3.
Appears in 1 contract
Samples: Lease Agreement
Removal of Fixtures. (a) So The Tenant may, so long as the Tenant is not in default hereunder no Event of Default then exists, at or prior to the expiration of the TermTerm hereby granted, take, remove and carry away from the premises hereby leased all fixtures, fittings, plant, machinery, utensils, shelving, counters, safes or other articles in the nature of trade or tenants' fixtures belonging to or brought upon the Leased Premises by the Tenant, but the Tenant shall then have in such removal do no damage to the right to remove its trade fixtures from the Leased Premises but or shall make good any damage caused to which may be occasioned by such removal, and shall at the Premises resulting Landlord's option restore or replace any parts which may previously have been removed or altered by the Tenant; provided further that the Tenant shall not remove or carry away from the installation Leased Premises any building or removal thereof; provided that all alterationsany plumbing, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls heating or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereofventilating plant or equipment or other Building services.
(b) If the Tenant fails to remove its trade fixtures and restore the Leased Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereofthereof pursuant to subclause (d) of this Article 5.06.
(c) Should the Tenant abandon the Leased Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part any Event of the Tenant Default then, in such event, as of the moment happening of default by the TenantEvent of Default, all trade or tenants' fixtures and furnishings of the Tenant (whether or not attached in any manner to the Leased Premises) shall, except to the extent the Landlord requires the removal thereofhereof pursuant to subclause (d) of this Article 5.06, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but and without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or of fixtures are or may become the property Property of the LandlordLandlord pursuant to the other provisions of this Article 5.06, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Leased Premises resulting from the installation or removal thereof, all at the Tenant’s 's expense, should the Landlord so require by notice to the TenantTenant and whether or not the Term of this Lease has expired or otherwise been terminated.
(e) If the Tenant, after receipt of a notice from the LandlordLandlord pursuant to subclause (d) of this Article 5.06, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Leased Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Lease (Alttech Ventures Corp)
Removal of Fixtures. All replacements, alterations, additions, partitions, installations, improvements and fixtures made by the Tenant or made by the Landlord on behalf of the Tenant under this Lease or any renewal hereof (aother than the Tenant’s trade fixtures and personal property) So long as shall immediately become the property of the Landlord without compensation therefor to the Tenant but the Landlord shall be under no obligation to repair, maintain or insure the same, such matters being the sole responsibility of the Tenant in accordance with the provisions of this Lease. The replacements, alterations, additions, partitions, installations, improvements and fixtures (other than the Tenant’s trade fixtures and personal property) shall not be removed from the Premises prior to the expiration or earlier termination of the Term without the prior written consent of the Landlord. If the Tenant is not in default hereunder hereunder, the Tenant, at the expiration of the Term, the Tenant shall then have the right to may remove its trade fixtures from the Premises but shall all Tenant’s trade fixtures and personal property. If the Tenant damages the Premises during such removal the Tenant will make good such damage at its expense. In no event will the Tenant remove from the Premises any partitions, floor coverings, draperies, local voice, data, or electrical wiring distribution, including floor ducts, telephone conduits or plumbing, heating, air-conditioning, electrical or ventilating plant or equipment or other building services. Notwithstanding the preceding provision or anything else to the contrary herein, the Tenant shall, if requested by the Landlord upon written notice and upon the expiration or earlier termination of this Lease remove forthwith its installations, alterations, additions, partitions and fixtures and anything in the nature of improvements made or installed for or by the Tenant or by the Landlord on behalf of the Tenant to or in the Premises, and will, at the Tenant’s cost, make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereofby such removal.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Removal of Fixtures. (a) So long as the Tenant is not in default hereunder hereunder, the Tenant shall, at the expiration of the TermTerm or earlier termination of this Lease, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and permanently installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereofthereof pursuant to Section 14.3(d).
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereofthereof pursuant to Section 14.3(d).
(c) Should the Tenant abandon the Premises or should this Lease be terminated or the Landlord become entitled to re-enter before the proper expiration of the Term due to a failure or default on the part of the Tenant thenTenant, then in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings furnishing of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereofthereof pursuant to Section 14.3(d), become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated on account of damages in respect of such failure or default but and without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same (whether installed by the Tenant, or any predecessor) and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s 's expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the LandlordLandlord pursuant to Section 14.3(d), fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, Tenant which expense shall forthwith be paid by the Tenant to the Landlord, together with an administration fee of twenty percent (20%) of such expense..
(f) Section 18.5 shall apply, except as otherwise specified in this Section 14.3.
(g) The Tenant shall comply with any directions and requirements given or prescribed by the Landlord, acting reasonably, in connection with surrender and turnover of the Premises, so as to give effect to this Section
Appears in 1 contract
Samples: Sub Lease
Removal of Fixtures. Without Lessor's written consent, the Lessee shall not remove any fixtures, appliances, additions or improvements from the Apartment except as hereinafter provided. If the Lessee, or a prior lessee, shall have heretofore placed, or the Lessee shall hereafter place in the Apartment, at the Lessee's own expense, any additions, improvements, appliances or fixtures, including but not limited to fireplace mantels, lighting fixtures, refrigerators, air conditioners, dishwashers, washing machines, ranges, woodwork, wall paneling, ceilings, special doors or decorations, special cabinet work, special stair railings or other built-in ornamental items, which can be removed without structural alterations or permanent damage to the Apartment, then title thereto shall remain in the Lessee and the Lessee shall have the right, prior to the termination of this lease, to remove the same at the Lessee's own expense, provided:
(ai) So long as that the Tenant is Lessee at the time of such removal shall not be in default hereunder in the payment of rent or in the performance or observance of any other covenants or conditions of this lease;
(ii) that the Lessee shall, at the expiration of the TermLessee's own expense, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused prior to the Premises resulting from termination of this lease, repair all damage to the apartment which shall have been caused by either the installation or removal thereof; provided of any of such additions, improvements, appliances or fixtures;
(iii) that all alterationsif the Lessee shall have removed from the apartment any articles or materials owned by the Lessor or its predecessor in title, additions or any fixtures or equipment necessary for the use of the apartment, the Lessee shall either restore such articles and improvements constructed materials and installed fixtures and equipment and repair any damage resulting from their removal and restoration, or replace them with others of a kind and quality customary in the Premises comparable buildings and attached in any manner satisfactory to the floors, walls or ceiling, including Lessor;
(iv) that if any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except mortgagee had acquired a lien on any such property prior to the extent the Landlord requires removal thereof.
(b) If the Tenant fails execution of this lease, Xxxxxx shall first procure from such mortgagee its written consent to remove its trade fixtures such removal, and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default any cost and expense incurred by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages Lessor in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant thereof shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be have been paid by the Tenant Lessee; and
(v) that prior to any such removal, the Lessee shall give written notice thereof to the LandlordLessor.
Appears in 1 contract
Samples: Proprietary Lease
Removal of Fixtures. (a) So long as Subject to Section 5.07 hereof, the Tenant is not in default hereunder may at or prior to the expiration of the TermTerm hereby granted, take, remove and carry away from the Premises any of its fixtures, fittings, shelving, counters or other articles upon the Premises in the nature of trade or tenants’ fixtures, but the Tenant shall then in such removal do no damage to the Premises, or shall make good any damage which the Tenant may occasion thereof; provided further that the Tenant shall not remove or carry away from the Premises any building or any plumbing, heating, air-conditioning or ventilating plant or equipment or other Building services; and further notwithstanding anything contained in this Lease, the Landlord shall have the right to require the Tenant upon the termination of this Lease by effluxion of time or otherwise to remove its trade any installations, alterations, additions, partitions and fixtures from or anything in the nature of leasehold improvements made or installed by or on behalf of the Tenant or any subtenant or occupant of the Premises, or by the Landlord on behalf of the Tenant or by any previous tenant or occupant of the Premises but shall or any part thereof, and to make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all by such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixturesremoval. Any installations, alterations, additions, partitions and fixtures and anything in the nature of the leasehold improvements not removed by the Tenant or fixtures are or may required to be removed by the Landlord, shall become the absolute property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good Landlord without any damage caused cost to the Premises resulting from the installation Landlord or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice compensation to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all subtenant or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense occupant of the TenantPremises, which expense shall forthwith be paid by the free and clear of all liens, charges and encumbrances whatsoever. INITIALS Landlord Tenant to the Landlord.– 9 –
Appears in 1 contract
Removal of Fixtures. (a) So long as the Tenant is not in default hereunder at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises but shall make good any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are are. hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Lease Agreement (NACG Holdings Inc.)
Removal of Fixtures. (a) So long as At the Tenant is not in default hereunder at the expiration end of the Termterm of this lease, or any extension or renewal thereof, Lessor will permit the Tenant removal of all fixtures of the Lessee placed by it in or on the Premises, including exterior signs, except those fixtures permanently affixed to the real estate or those which cannot be removed without permanent injury to said real estate. If Lessee shall then have the right fail to remove any of its trade fixtures property of any nature whatsoever from the Premises but at the termination of this lease, or when Lessor has the right of re-entry, Lessor may, at its option, remove and store said property without liability for loss thereof or damage thereof, except as a result of Lessor's negligence, such storage to be for the account, and at the expense, of Lessee. If Lessee shall make good not pay the cost of storing any damage caused such property after it has been stored for a period of thirty (30) days or more, Lessor may, at its option, sell or permit to be sold, any or all of such property at public or private sale, in such a manner and at such times and places as Lessor, in its sole discretion, may deem proper, upon ten (10) days' prior notice to Lessee. The proceed of sale shall be applied in order of priority: (i) to the Premises resulting from cost and expense of such sale, including reasonable attorneys' fees; (ii) to the installation payment of the costs or removal thereofcharges for storing any such property; (iii) to the payment of any other sums of money which may then be, or thereafter become, due Lessor form Lessee under any of the terms hereof; (iv) the balance, if any, to Lessee. Except as specifically provided that herein, all erections, alterations, additions and improvements constructed and installed to the Premises, whether temporary or permanent in character, which may be made upon the Premises and attached in any manner to either by Lessor or Lessee, shall be the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures property of Lessor and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
(b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become a part thereof at the property termination of the Landlord except to the extent that the Landlord continues to require removal thereof.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlordlease, without indemnity compensation to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the LandlordLessee.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Triple Net Lease (Telect Inc)
Removal of Fixtures. (a) So The Tenant may, so long as the Tenant is not in default hereunder no Event of Default then exists, at or prior to the expiration of the TermTerm hereby granted, take, remove and carry away from the premises hereby leased all fixtures, fittings, plant, machinery, utensils, shelving, counters, safes or other articles in the nature of trade or tenants' fixtures belonging to or brought upon the Leased Premises by the Tenant, but the Tenant shall then have in such removal do no damage to the right to remove its trade fixtures from the Leased Premises but or shall make good any damage caused to which may be occasioned by such removal, and shall at the Premises resulting Landlord's option restore or replace any parts which may previously have been removed or altered by the Tenant; provided further that the Tenant shall not remove or carry away from the installation Leased Premises any building or removal thereof; provided that all alterationsany plumbing, additions and improvements constructed and installed in the Premises and attached in any manner to the floors, walls heating or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereofventilating plant or equipment or other Building services.
(b) If the Tenant fails to remove its trade fixtures and restore the Leased Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereofthereof pursuant to subclause (d) of this Article 4.02.
(c) Should the Tenant abandon the Leased Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part any Event of the Tenant Default then, in such event, as of the moment happening of default by the TenantEvent of Default, all trade or tenants' fixtures and furnishings of the Tenant (whether or not attached in any manner to the Leased Premises) shall, except to the extent the Landlord requires the removal thereofhereof pursuant to subclause (d) of this Article 4.02, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but and without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Removal of Fixtures. Upon termination of this Lease or of Tenant's right to possession of the Premises, by lapse of time or otherwise, all installations, additions, partitions, hardware, light fixtures, floor coverings, non-trade fixtures and improvements, temporary or permanent, whether placed there by Tenant or Landlord, shall be Landlord's property and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord shall have the right to require that any Specialty Alterations (adefined below) So long as the be removed by Tenant is not in default hereunder at the expiration of the Term; subject to the following sentence. Upon Tenant’s written request at the time of Tenant’s submission of plans and specifications for any Work (including the Turn-Key Work), Landlord shall advise Tenant whether such Work is a Specialty Alteration and whether such Specialty Alterations is required to be removed upon the expiration or sooner termination of this Lease (it being agreed that if such written request is not made by Tenant at the time of Tenant’s submission of plans and specifications, then Landlord shall then have the right to remove its trade fixtures from serve notice upon Tenant no less than six (6) calendar months’ prior to the expiration of this Lease that any of such Specialty Alterations shall be removed); it being agreed that if such request is properly made by Tenant (as set forth below), any Specialty Alteration not designated by Landlord as required to be removed pursuant to this Section 11.02 shall not be required to be removed (except with respect to any restrooms other than core restrooms and up to one (1) additional ADA restroom located on each full floor of the Premises; which such restrooms shall all be and be deemed to be Specialty Alterations and shall be required to be removed by Tenant, other than core restrooms and up to one (1) additional ADA restroom located on each full floor of the Premises). Any such request made by Tenant shall state, in bold capital letters that “THIS IS A REQUEST UNDER SECTION 11.02 OF THE LEASE FOR LANDLORD TO DESIGNATE WHETHER LANDLORD SHALL REQUIRE THAT ANY WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS BEING PROVIDED TO LANDLORD HEREUNDER ARE SPECIALTY ALTERATIONS AND ARE TO BE REMOVED PRIOR TO THE END OF THE TERM OF THE LEASE. IF LANDLORD SHALL FAIL TO DESIGNATE ANY SUCH WORK AS SPECIALTY ALTERATIONS WHICH WILL BE REQUIRED TO BE REMOVED BY TENANT, TENANT SHALL NOT BE REQUIRED TO REMOVE ANY SUCH WORK PRIOR TO THE EXPIRATION OF THE TERM OF THIS LEASE IN ACCORDANCE WITH SECTION 11.02 OF THE LEASE.” "Specialty Alterations" shall mean Work installed by or at the request of Tenant (including, without limitation, the Turn-Key Work), that (i) perforate, penetrate (other than a de minimis size or amount) or require reinforcement of a floor slab (such as interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises but or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) consist of a kitchen (other than a typical non-cooking office pantry) or restrooms (other than core restrooms and up to one (1) additional ADA restroom located on each full floor of the Premises), and/or (v) is not consistent for office space within similar Class A buildings in Landlord’s reasonable judgement and the same would materially increase demolition costs over the costs to demolish typical office installations. Notwithstanding the foregoing, Tenant shall make good not be required to remove (x) any damage caused to the Premises resulting from the installation or removal thereof; provided that all alterations, additions and improvements constructed and internal staircase installed in the Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Premises, except to the extent the Landlord requires removal thereof.
Lease is terminated prior to the scheduled Expiration Date (b) If the e.g., Tenant fails shall be required to remove its trade fixtures and restore all internal staircases installed in the Premises as aforesaidif Tenant exercises the Termination Option), all such trade fixtures shall become the property or (y) core restrooms and up to one (1) additional ADA restroom located on each full floor of the Landlord except to the extent that the Landlord continues to require removal thereofPremises.
(c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant then, in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof, become and be deemed to be the property of the Landlord, without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall make good any damage caused to the Premises resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of a notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord may enter into the Premises and remove therefrom all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense shall forthwith be paid by the Tenant to the Landlord.
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Removal of Fixtures. (a) So long as the Tenant Service Operator is not in default hereunder at the expiration of the Term, the Tenant Service Operator shall then have the right to remove its trade fixtures from the Leased Premises but shall make good any damage caused to the Leased Premises resulting from the installation or removal thereofthereof (excepting normal wear and tear to the Leased Premises resulting from the occupancy of the Service Operator); provided that all alterations, additions and improvements constructed and installed in the Leased Premises and attached in any manner to the floors, walls or ceiling, including any floor covering and light fixtures, are hereby deemed not to be trade fixtures and shall remain upon and be surrendered with the Leased Premises, except to the extent the Landlord Town requires removal thereof.
(b) If the Tenant Service Operator fails to remove its trade fixtures and restore the Leased Premises as aforesaid, all such trade fixtures shall become the property of the Landlord Town except to the extent that the Landlord Town continues to require removal thereof.
(c) Should the Tenant Service Operator abandon the Leased Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant Service Operator then, in such event, as of the moment of default by the TenantService Operator, all trade fixtures and furnishings of the Tenant Service Operator (whether or not attached in any manner to the Leased Premises) shall, except to the extent the Landlord Town requires the removal thereof, become and be deemed to be the property of the LandlordTown, without indemnity to the Tenant Service Operator and as additional such liquidated damages in respect of such default but without prejudice to any other right or remedy of the LandlordTown.
(d) Notwithstanding that any trade fixtures, alterations, additions, improvements Leasehold Improvements or fixtures are or may become the property of the LandlordTown, the Tenant Service Operator shall forthwith remove all or part of the same and shall make good any damage caused to the Leased Premises resulting from the installation or removal thereof, all at the TenantService Operator’s expense, should the Landlord Town so require by notice to the TenantService Operator.
(e) If the TenantService Operator, after receipt of a notice from the LandlordTown, fails to promptly remove any trade fixtures, furnishings, alterations, additions, improvements and fixtures in accordance with such notice, then the Landlord Town may enter into the Leased Premises and remove therefrom from the Leased Premises all or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the TenantService Operator, which expense shall forthwith be paid by the Tenant Service Operator to the LandlordTown.
Appears in 1 contract
Samples: Lease Agreement