Tenant Personal Property. Tenant shall install, affix or assemble or place on the Premises all items of furniture, fixtures, equipment and supplies not included as Landlord Personal Property as Tenant reasonably considers to be appropriate for Tenant's use of the Premises as contemplated by this Lease (the "TENANT PERSONAL PROPERTY"). Tenant shall provide and maintain during the entire Term all Tenant Personal Property as shall be necessary in order to operate the Premises in compliance with all requirements set forth in this Lease. All Tenant Personal Property shall be and shall remain the property of Tenant and may be removed by Tenant upon the expiration of the Term. However, if there is any Event of Default which is continuing, Tenant will not remove the Tenant Personal Property from the Premises and will on demand from Landlord, convey (subject to any existing security interest thereon) the Tenant Personal Property to Landlord by executing a bill xx sale in a form reasonably required by Landlord. Upon any such conveyance of Tenant Personal Property to Landlord, the amount owing by Tenant to Landlord by reason of the applicable Event of Default shall be reduced by the fair market value of such Tenant Personal Property, net of any associated debt assumed by Landlord. Such fair market value shall be established by agreement of the parties, but failing such agreement, within ten (10) days of request by any party, such fair market value shall be established by the appraisal process set forth in Exhibit C. In any event, Tenant will repair all damage to the Premises caused by any removal of the Tenant Personal Property.
Appears in 2 contracts
Samples: Lease and Security Agreement (American Retirement Corp), Lease Agreement (American Retirement Corp)
Tenant Personal Property. Tenant shall install, affix or assemble or place on the Premises each Facility all items of furniture, fixtures, equipment and supplies not included as Landlord Personal Property as Tenant reasonably considers to be appropriate for Tenant's use of the Premises as contemplated by this Lease (the "TENANT PERSONAL PROPERTY"). Tenant shall provide and maintain during the entire Term all Tenant Personal Property as shall be necessary in order to operate the Premises each Facility in compliance with all requirements set forth in this Lease. All Tenant Personal Property shall be and shall remain the property of Tenant and may be removed by Tenant upon the expiration of the Term. However, if there is any Event of Default which is continuing, Tenant will not remove the Tenant Personal Property from the Premises and will on demand from Landlord, convey (subject to any existing security interest thereon) the Tenant Personal Property to Landlord by executing a bill xx of sale in a form reasonably required by Landlord. Upon any such conveyance xxxveyance of Tenant Personal Property to Landlord, the amount owing by Tenant to Landlord by reason of the applicable Event of Default shall be reduced by the fair market value of such Tenant Personal Property, net of any associated debt assumed by Landlord. Such fair market value shall be established by agreement of the parties, but failing such agreement, within ten (10) days of request by any party, such fair market value shall be established by the appraisal process set forth in Exhibit C. B. In any event, Tenant will repair all damage to the Premises caused by any removal of the Tenant Personal Property.
Appears in 2 contracts
Samples: Master Lease and Security Agreement (American Retirement Corp), Master Lease and Security Agreement (American Retirement Corp)
Tenant Personal Property. Tenant shall install, affix or assemble or place on the Premises each Facility all items of furniture, fixtures, equipment and supplies not included as Landlord Personal Property as Tenant reasonably considers to be appropriate for Tenant's use of the Premises as contemplated by this Lease (the "TENANT PERSONAL PROPERTY"). Tenant shall provide and maintain during the entire Term all Tenant Personal Property as shall be necessary in order to operate the Premises each Facility in compliance with all requirements set forth in this Lease. All Tenant Personal Property shall be and shall remain the property of Tenant and may be removed by Tenant upon the expiration of the Term. However, if there is any Event of Default which is continuing, Tenant will not remove the Tenant Personal Property from the Premises and will on demand from Landlord, convey (subject to any existing security interest thereon) the Tenant Personal Property to Landlord by executing a bill xx of sale in a form reasonably required by Landlord. Upon any such conveyance sucx xxnveyance of Tenant Personal Property to Landlord, the amount owing by Tenant to Landlord by reason of the applicable Event of Default shall be reduced by the fair market value of such Tenant Personal Property, net of any associated debt assumed by Landlord. Such fair market value shall be established by agreement of the parties, but failing such agreement, within ten (10) days of request by any party, such fair market value shall be established by the appraisal process set forth in Exhibit C. B. In any event, Tenant will repair all damage to the Premises caused by any removal of the Tenant Personal Property.
Appears in 1 contract
Samples: Master Lease and Security Agreement (American Retirement Corp)