Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of this Lease, to remove "Tenant's Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgagee.
Appears in 2 contracts
Samples: Lease (Aviation Sales Co), Lease Agreement (Kellstrom Industries Inc)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided Upon the Tenant is not then in default hereundertermination of this Lease by lapse of time, the Tenant shall have the right, at any time during the term of this Lease, to remove "Tenant's Property", consisting articles of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at personal property incident to Tenant's cost and expense(without any contribution or reimbursement therefor by Landlordbusiness ("Trade Fixtures"), and which may be removed without material injury to the Leased Premises; provided, however, that Tenant shall repair any injury or damage to the Leased Premises or any part thereof occasioned by which may result from such removal removal, and shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on restore the Leased Premises that is an integral part of as near as reasonably possible to the buildingsame condition, includingsubject to normal wear and tear, without limiting as prior to the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if anyinstallation thereof. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant does not remove Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property Trade Fixtures from the Leased Premises prior to the expiration or earlier termination of the Lease Term, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a Xxxx of Sale, without further payment or credit by Landlord to Tenant. Anything contained in Section 17.1 to the prior written consent of Landlord contrary notwithstanding, with respect to the following Trade Fixtures. Tenant shall not be required to remove utility lines used to furnish utilities to said Trade Fixtures and Mortgageeto remove equipment associated with said utility lines. Tenant will cause any utility services supplied to the Leased Premises to operate said Trade Fixtures to be terminated and will cause said utility lines to be capped and rendered inoperative in accordance with applicable building code:
(a) three autoclaves;
(b) water systems;
(c) clean air compressors; and
(d) wire mesh caging.
Appears in 1 contract
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any other property or fixtures which Landlord may require in writing that Tenant is not then in default hereunder, the Tenant remove (except such items thereof as Landlord shall have the rightexpressly permitted, at any time during the term of this Leasein writing, to remove "Tenant's Property"remain, consisting which property shall become the property of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that Tenant shall repair any damage to the Leased Premises resulting from any installation and/or removal of Tenant's Property. Any other items of Xxxxxx's Property that shall remain in the Premises after the Expiration Date, or any part thereof occasioned following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by such removal shall Landlord as its property or be repaired disposed of by the Tenant Landlord, in Xxxxxxxx's sole and absolute discretion and without accountability, at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, if Tenant shall not is in default under the terms of this Lease, it may remove any of he LandlordTenant's Property from the Leased Premises without only upon the prior express written consent direction of Landlord and MortgageeLandlord. Notwithstanding anything contained herein to the contrary, upon the expiration or earlier termination of this Lease, Tenant shall remove all of the items noted on Exhibit I hereto as "Tenant will remove".
Appears in 1 contract
Samples: Industrial Building Lease (Golden Books Family Entertainment Inc)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term Upon termination of this Lease, to Tenant shall remove "Tenant's Property", consisting articles of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at personal property incidental to Tenant's cost and expense(without any contribution or reimbursement therefor by Landlordbusiness ("Trade Fixtures"), and which may be removed without material injury to the Leased Premises; provided, however, that Tenant shall repair any injury or damage to the Leased Premises or any part thereof occasioned by which may result from such removal removal, and shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on restore the Leased Premises that is an integral part to the same condition as prior to the installation thereof. If Tenant does not remove Tenant's Trade Fixtures from the Leased Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the buildingsame, includingand Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a bill xx sale, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested further payment or credit by Landlord to Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, provided that no later than 20 days before the end of the term hereof (including any Option Period exercised by Tenant), Tenant shall provides Landlord a list of machinery and equipment (but not inventory) that Tenant does not intend to remove any of he Landlord's Property from the Leased Premises without the prior written consent and provided further that such list includes only machinery and equipment conveyed pursuant to that certain Purchase and Sale Agreement dated of even date herewith between Landlord and MortgageeTenant, Tenant shall not be required to pay the cost of removal, repair, delivery or warehousing as contemplated in this Section 17.1.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Herley Industries Inc /New)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided At or before the Tenant is not then in default hereunderExpiration Date, or the Tenant date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property (except such items thereof as Landlord shall have the rightexpressly permitted, at any time during the term of this Leasein writing, to remove "Tenant's Property"remain, consisting which property shall become the property of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that Tenant shall repair any damage to the Leased Premises resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or any part thereof occasioned following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by such removal shall Landlord as its property or be repaired disposed of by the Tenant Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, if Tenant shall not is in default under the terms of this Lease, it may remove any of he LandlordTenant's Property from the Leased Premises without only upon the prior express written consent directions of Landlord. Notwithstanding anything contained in this Section 12 to the contrary, Landlord and Mortgageemay not require Tenant to remove any of Landlord's Property at or before the Expiration Date or any earlier termination date unless Landlord has notified Tenant at the time of Landlord's approval of the installation and/or construction of the same that such Landlord's Property may be subject to such removal requirement.
Appears in 1 contract
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided Upon the Tenant is not then in default hereunderexpiration of the Term, or upon termination of the Tenant shall have the right, at any time during the term Lease or of this Lease, Tenant’s right to remove "Tenant's Property", consisting possession of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; , Tenant shall remove all of Tenant’s machinery, equipment, jigs, tools and furniture which are demonstrably owned by Tenant and incident to Tenant’s business (“Trade Fixtures”), provided, however, that Tenant shall fully restore any area affected by such removal to good condition and repair and shall repair any and all injury or damage to the Leased Premises or Facility which may result from such removal, including repairing any part thereof occasioned by such removal shall be repaired by holes in the Tenant at Tenant's cost floor, roof or walls of the Facility and expense. As used herein any connection with utilities and hereafter, systems of the term "Tenant's Property" shall not include Facility or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of and shall restore the building, including, without limiting the generality of the foregoing, heating, ventilating, Leased Premises and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property Facility to the lien of any third party institutional lender providing financing same conditions as prior to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request’s installation thereof. Notwithstanding the foregoing, Tenant shall not remove any of he machinery, equipment, jigs, tools, furniture or fixtures owned by Landlord's Property . If Tenant does not remove Tenant’s Trade Fixtures from the Leased Premises prior to the expiration or earlier termination of the Lease Term, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the reasonable out-of-pocket cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat such Trade Fixtures as having been conveyed to Landlord with this Lease as a Xxxx of Sale, without the prior written consent of further payment or credit by Landlord and Mortgageeto Tenant.
Appears in 1 contract
Samples: Industrial Facility Lease (FreightCar America, Inc.)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIENOn or before the Expiration Date, Tenant, at Tenant’s expense, shall remove Tenant’s Property from the Premises. Provided Unless otherwise directed by Landlord, on or before the Tenant Expiration Date, Tenant, at Tenant’s expense, shall (i) provided that Landlord requested that the applicable Specialty Alteration be removed from the Premises at the time that Landlord provided its consent to the Plans for the applicable Specialty Alteration, remove all Specialty Alterations (as defined in Exhibit B-Definitions) and close up any slab penetrations at the Premises; and (ii) provided that Landlord requested that the applicable Alteration be removed from the Premises at the time that Landlord provided its consent to the Plans for the applicable Alteration, remove all other Alterations (other than Decorative Alterations, Non-Removable Alterations and Tenant’s voice and data cabling in the Premises, except Tenant’s cabling and wiring for any trading floor(s) and Tenant’s cabling and wiring on any non-trading floor(s) to the extent such non-trading floor cabling and wiring is not then normally found in default hereunder, the Tenant shall have the rightcomparable office space at Comparable Buildings). Tenant, at any time during the term of this LeaseTenant’s expense, to remove "Tenant's Property", consisting of inventory, machinery, trade equipment, business shall repair and trade fixtures, restore in a good and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that workmanlike manner any damage to the Leased Premises and/or the Building caused by Tenant’s removal of Tenant’s Property and any Alterations or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include closing of any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if anyslab penetrations. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property Tenant fails to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not so remove any of he Tenant’s Property and/or any Alterations that Tenant is required to remove, the same shall be deemed abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant’s expense, and without accountability to Tenant. All Alterations that Landlord does not require Tenant to remove as aforesaid shall become Landlord's Property from ’s property upon the Leased Premises without the prior written consent expiration or earlier termination of Landlord and Mortgageethis Lease.
Appears in 1 contract
Samples: Deed of Lease (FBR & Co.)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of this Lease, to remove "Tenant's ’s Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, including all furnishings, office equipment, telecommunication and data processing equipment, and all other trade equipment placed, installed, supplied supplied, or made by it in or on the Leased Premises Premises, at Tenant's ’s cost and expense(without expense (without any contribution or reimbursement therefor by Landlord)) which was not specifically conveyed, transferred or sold to Landlord pursuant to that certain Limited Warranty Deed or Xxxx of Sale dated on or about , 2007, and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's ’s cost and expense. As used herein and hereafter, the term "Tenant's Property" ’s Property shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems systems, and other like equipment and fixtures, if any. If requested In the event Tenant’s property is not removed within ninety (90) days after notice by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all then owner of the Tenant's Land to remove the same, the title to any such Tenant Property to remaining after ninety (90) days automatically vests in the lien owner of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming the Land at such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgageetime.
Appears in 1 contract
Samples: Agreement to Sell, Purchase and Lease (First National Bancshares Inc /Sc/)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided At or before the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term Expiration Date of this Lease, to or within five (5) days after any earlier termination hereof, Tenant, at its expense, shall remove "from the Premises all of Tenant's Property"Property (except such items thereof as Landlord shall have expressly permitted to remain, consisting which property shall become the property of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that Tenant shall repair any damage to the Leased Premises or the Building resulting from any part thereof occasioned by such installation and/or removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "of Tenant's Property" , and shall not include restore the Premises to the same physical condition and layout as they existed at the time Tenant was given possession of the Premises, reasonable wear and tear excepted. Any other items of Tenant's Property which shall remain in the Premises after the Expiration Date of this Lease, or after a period of five (5) days following an earlier termination date, may, at the option of Landlord, be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilatinghave been abandoned, and air conditioning plants in such case, such items may be retained by, or otherwise disposed of by Landlord. Landlord may request Tenant to remove and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, pay to Landlord shall waive the cost of repairing any contractual, statutory damage to the Premises or other Landlord's lien on the Building resulting from any and all installation and/or removal of the Tenant's Property and the cost of restoring the Premises to the lien same physical condition and layout as they existed at the time Tenant was given possession of any third party institutional lender providing financing to Tenant the Premises, reasonable wear and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably requesttear excepted. Notwithstanding the foregoing, Landlord has reviewed and approved the GE Healthcare Financial Services Waiver form (the "Waiver") provided by Tenant and shall not remove execute same in conjunction with this Lease between the parties as proposed herein. To the extent of any inconsistency between the terms of he Landlordthis Lease and the terms of the Waiver relating to Tenant's Property from PET scanner, the Leased Premises without terms of the prior written consent of Landlord and MortgageeWaiver shall control.
Appears in 1 contract
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. LIEN Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of this Lease, to remove "Tenant's Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without expense (without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's PropertyTENANT'S PROPERTY" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgagee.
Appears in 1 contract
Samples: Lease (Kellstrom Industries Inc)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided In the Tenant is not then in default hereunderevent of a partial or total destruction of the Premises, the Tenant shall as soon as practicable, whether or not Landlord shall have the right, at any time during the term of this Lease, notified Tenant to remove "Tenant's Property"the same, consisting of inventory, machinery, trade equipment, business but in no event later than ten (10) Business Days after receiving a notice from Landlord and trade fixtures, reasonable access to the Building and other trade equipment placed, installed, supplied or made by it in or the Premises (subject to extension on a day-for-day basis if Tenant shall be prevented from accessing the Leased Building and the Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlorddue to Force Majeure), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on remove any and all of Tenant’s Property from the Premises or the portion thereof destroyed, as the case may be, and if Tenant does not promptly so remove Tenant's ’s Property, Landlord, at Tenant’s expense, may discard the same or may remove Tenant’s Property to a public warehouse for deposit or retain the lien same in its own possession and at its discretion may sell the same at either public auction or private sale, the proceeds of which shall be applied first to the expenses of removal, storage and sale, second to any sums owed by Tenant to Landlord, with any balance remaining to be paid to Tenant; if the expenses of such removal, storage and sale shall exceed the proceeds of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoingsale, Tenant shall not remove pay such excess to Landlord within thirty (30) days after demand. Tenant shall be solely responsible for arranging for any visits to the Premises by Tenant’s insurance adjuster that may be desired by Tenant prior to the removal of he Tenant’s Property by Tenant or Landlord's Property from , as provided in this Section 22.04, or the Leased performance by Landlord of Landlord’s Restoration Work or the Specified Restoration Work and Landlord shall be under no obligation to delay the performance of same, nor shall Landlord have any liability to Tenant in the event that Tenant fails to do so. Tenant shall promptly permit Landlord access to the Premises without for the prior written consent purpose of Landlord and Mortgageeperforming Landlord’s Restoration Work and, if applicable, the Specified Restoration Work.
Appears in 1 contract
Samples: Lease (KCG Holdings, Inc.)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of this Lease, to remove "Tenant's Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, including all furnishings, office equipment, telecommunication and data processing equipment, and all other trade equipment placed, installed, supplied supplied, or made by it in or on the Leased Premises Premises, at Tenant's cost and expense(without expense (without any contribution or reimbursement therefor by Landlord)) which was not specifically conveyed, transferred or sold to Landlord pursuant to that certain Limited Warranty Deed or Xxxx of Sale dated on or about , 2007, and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" Property shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems systems, and other like equipment and fixtures, if any. If requested In the event Tenant's property is not removed within ninety (90) days after notice by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all then owner of the Tenant's Land to remove the same, the title to any such Tenant Property to remaining after ninety (90) days automatically vests in the lien owner of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming the Land at such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgageetime.
Appears in 1 contract
Samples: Lease Agreement (First National Bancshares Inc /Sc/)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. LIEN Provided the Tenant is not then in default hereunder, the Tenant shall have the right, at any time during the term of this Lease, to remove "Tenant's Tenants Property", consisting of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Tenants Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgagee.
Appears in 1 contract
Samples: Lease (Timco Aviation Services Inc)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIENTenant shall retain the ownership of all equipment, furniture, and supplies placed in or on the Premises by Tenant (other than non-trade fixtures or other alternations made by Tenant to the Premises in accordance with this Lease, which shall be the property of Landlord upon termination of this Lease) and shall have the right to remove such equipment, furniture, and supplies prior to termination of this Lease provided that no Act of Default has been committed by Tenant which has not been fully cured in a manner reasonably acceptable to Landlord and further provided that Tenant repairs any injury to the Premises or Building resulting from such removal. Provided Unless Tenant has made prior arrangements with Landlord and Landlord has agreed in writing to permit Tenant to leave such equipment, furniture, or supplies on the Premises for an agreed period, if Tenant is does not then remove such movable equipment, furniture, and supplies prior to such termination, then, in default hereunderaddition to its other remedies at law or in equity, the Tenant Landlord shall have the right, in Landlord's sole discretion to either have such items removed and stored at any time during Tenant's expense and all damage to the term Premises or Building resulting therefrom repaired at the cost of Tenant or elect that such movable equipment, furniture and supplies automatically become the property of the Landlord upon termination of this Lease, to remove "Tenant's Property"and, consisting of inventory, machinery, trade equipment, business and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoinglatter case, Tenant shall not remove have any further right with respect thereto or for reimbursement therefor and Landlord shall be free to sell, discard or otherwise dispose of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgageesame.
Appears in 1 contract
Samples: Lease Agreement (Telvent Git S A)
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided the Tenant is not then in default hereunderTenant's movable equipment, the Tenant shall have the rightfurniture, at any time during the term of this Leasefurnishings, to remove merchandise and other unattached movable property, including trade fixtures (collectively called "Tenant's Personal Property") installed or located at the Premises, consisting shall be and remain the property of inventoryTenant. In addition to Tenant's obligations under Section 10.5 42 50 hereof, machineryupon the expiration or termination of the Lease, trade equipment, business Tenant shall at its expense remove all of Tenant's Personal Property and trade fixturesthe property of all persons claiming under Tenant, and other trade equipment placed, installed, supplied shall repair or made by it in or on reimburse Landlord for the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to the Leased Premises; provided, however, that costs of repairing any damage to the Leased Premises or any part thereof occasioned the Property resulting from the installation or removal of such property. Any such property not so removed by such removal Tenant shall be repaired deemed abandoned and shall become the property of Landlord to dispose of as Landlord deems expedient without accounting to Tenant therefor. Except as otherwise required by law, Landlord may store such property in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of Tenant, with the right to sell any or all of such stored property at public or private sale in such manner and at such times and places as Landlord in its sole discretion may deem proper, with notice to Tenant at Tenant's as required by law; and the proceeds of such sale shall be applied first to the cost and expense. As used herein and hereafterof such sale, second to the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part payment of the buildingcosts of removal and storage, including, without limiting the generality and third to payment of any other sums which may then be due from Tenant to Landlord under any of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment and fixturesterms of this Lease with the balance, if any, to be paid over to Tenant. If requested by Tenant, Tenant waives all claims against Landlord shall waive for any contractual, statutory or other damages resulting from Landlord's lien on any and all of the Tenant's Property to the lien retention or disposition of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver property as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgageeprovided herein.
Appears in 1 contract
Removal of Tenant’s Property. WAIVER OF LANDLORD'S LIEN. Provided All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant is not then in default hereunder, the and may be removed by Tenant shall have the right, at any time during the term Lease Term as long as: (i) such removal is made prior to the expiration of the Lease Term; (ii) Tenant immediately repairs all damage caused by or resulting from such removal; and (iii) Tenant is not in default hereunder. Such installation, location and movement shall further be subject to the Rules and Regulations. If Tenant shall fail to remove all of its personal property fixtures from the Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effects, for any length of time that the same shall be in Landlord's possession. If Tenant fails to pay for the cost of said storage after it has been stored for a period of thirty (30) days or more, Landlord may, at its option, sell said effects, or any of the same at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease, including but not limited to remove "Tenant's Property", consisting of inventory, machinery, trade equipment, business attorney fees and trade fixtures, and other trade equipment placed, installed, supplied or made by it in or on the Leased Premises at Tenant's cost and expense(without any contribution or reimbursement therefor by Landlord), and which may be removed without material injury to costs associated with the Leased Premises; provided, however, that any damage to the Leased Premises or any part thereof occasioned by such removal shall be repaired by the Tenant at Tenant's cost and expense. As used herein and hereafter, the term "Tenant's Property" shall not include or be deemed to include any item now or hereafter installed in or on the Leased Premises that is an integral part sale of the building, including, without limiting the generality of the foregoing, heating, ventilating, and air conditioning plants and systems, electrical and plumbing fixtures and systems and other like equipment personal property and fixtures, if any. If requested by Tenant, Landlord shall waive any contractual, statutory or other Landlord's lien on any and all of the Tenant's Property to the lien of any third party institutional lender providing financing to Tenant and will execute any customary agreements confirming such waiver as Tenant's lender may reasonably request. Notwithstanding the foregoing, Tenant shall not remove any of he Landlord's Property from the Leased Premises without the prior written consent of Landlord and Mortgagee.
Appears in 1 contract
Samples: Lease (Eacceleration Corp)