Common use of Tenant’s Property Clause in Contracts

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 4 contracts

Samples: Industrial Building Lease (Research Inc /Mn/), Industrial Building Lease (Build a Bear Workshop Inc), Industrial Building Lease (Build a Bear Workshop Inc)

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Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 3 contracts

Samples: Industrial Building Lease (Zars Inc/Ut), Industrial Building Lease (Liquidity Services Inc), Industrial Building Lease (Liquidity Services Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Industrial Building Lease (Griffin Capital Essential Asset REIT II, Inc.), Industrial Building Lease (Griffin Capital Essential Asset REIT II, Inc.)

Tenant’s Property. All movable non-structural partitionsfixtures, equipment, improvements and ----------------- appurtenances attached to, or built into, the Demised Premises that are installed by Tenant at Tenant's expense shall be Tenant's property until the termination of this Lease. All of the foregoing items installed at Tenant's expense as well as all paneling, partitions and business and trade fixtures, machinery fixtures and equipment, communications equipment communication and office equipment that which are installed in the Demised Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Propertyby Tenant, and all furniture, furnishings furnishing and other articles of movable personal property owned by Tenant and located in the Demised Premises or the Building (collectively, the all of which are hereinafter referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and belong to Tenant, may be removed by Tenant at any time during the Termterm hereof, provided and may be removed by Tenant repairs at the end of the term hereof or pays within fifteen (15) days thereafter, whether as a result of the cost normal expiration of repairing the term of this Lease or of the early termination of this Lease pursuant to the terms hereof (as a result of Tenant's default hereunder or otherwise). Tenant shall repair any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, leave the Demised Premises in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's a commercially reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Propertycondition. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Datenot so removed shall, or following an earlier termination dateif not required to be removed by Tenant pursuant to Paragraph 8 hereof, may, at the option of Landlord, be is deemed to have been abandoned, abandoned and in such case, such items may be retained by Landlord as its property thereafter. Landlord waives any landlord or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant other lien it may remove have on Tenant's Property from the Premises only and shall not seek to enforce same, whether upon the express written direction of LandlordTenant's default or otherwise.

Appears in 2 contracts

Samples: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment, motor control centers, refrigeration equipment and office equipment, any HVAC equipment installed by Tenant and specific to Tenant’s use and occupancy of the Premises (excluding the HVAC equipment presently installed at the Premises and any repairs or replacements respecting such equipment) and other non-structural items that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the TermTerm and at the Expiration Date, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandonedabandoned by Tenant, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Industrial Building Lease (Wornick CO Right Away Division, L.P.), Industrial Building Lease (TWC Holding Corp.)

Tenant’s Property. All movable non-structural partitionsTenant, business at its own cost and expense, may erect such shelves, racks, bins and trade fixturesfixtures (collectively, machinery and equipment, communications equipment and office equipment that are installed in TENANT'S PROPERTY) within the Premises by, or for the account of, Tenant as it desires and without expense to Landlord and Landlord's prior consent provided that can (a) such items do not alter the basic character of the Premises or the Building; (b) such items do not overload or damage the Premises or the Building or the utility or other systems serving same; (c) such items may be removed without structural damage material injury to the PropertyPremises and the Building; and (d) the construction, erection or installation thereof complies with all Applicable Laws, applicable building permits and all furniture, furnishings certificates of occupancy; and other articles (e) provided that Tenant's installation of movable personal property owned by Tenant and located in Tenant's Property prior to the Premises (collectively, the "TENANT'S PROPERTY") shall Commencement Date will be and subject to Paragraph 5B above. All of Tenant's Property shall remain the property of Tenant and may shall be removed by on or before the earlier to occur of the date of termination of this Lease or Tenant's vacating of the Premises. Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing shall promptly repair any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, Project or the date Premises caused by the removal of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in not so removed and any other property of Tenant not removed prior to the termination of this Lease or Tenant's vacating of the Premises after the Expiration Dateshall thereupon be conclusively presumed to have been abandoned by Tenant, or following an earlier termination date, and Landlord may, at its option, take over possession of any and all of the option foregoing and either (i) declare the same to be the property of LandlordLandlord by written notice to Tenant at the address provided herein or (ii) at the sole cost and expense of Tenant, be deemed to have been abandonedremove, and in such casestore, such items may be retained by Landlord as its property and/or dispose of the same or be disposed of by Landlordany part thereof, in Landlord's sole and absolute discretion and without accountability, all at Tenant's expense. Notwithstanding the foregoingcost, if in any manner that Landlord shall choose without incurring liability to Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordor any other person.

Appears in 2 contracts

Samples: Sublease (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Tenant’s Property. All movable non-structural partitionsTenant, business at its own cost and expense, may erect such shelves, racks, bins and trade fixturesfixtures (collectively, machinery and equipment, communications equipment and office equipment that are installed in TENANT'S PROPERTY) within the Premises by, or for the account of, Tenant as it desires and without expense to Landlord and Landlord's prior consent provided that can (a) such items do not alter the basic character of the Premises or the Building; (b) such items do not overload or damage the Premises or the Building or the utility or other systems serving same; (c) such items may be removed without structural damage material injury to the PropertyPremises and the Building; and (d) the construction, erection or installation thereof complies with all Applicable Laws, applicable building permits and all furniture, furnishings certificates of occupancy; and other articles (e) provided that Tenant's installation of movable personal property owned by Tenant and located in Tenant's Property prior to the Premises (collectively, the "TENANT'S PROPERTY") shall Rent Commencement Date will be and subject to Paragraph 6B above. All of Tenant's Property shall remain the property of Tenant and may shall be removed by on or before the earlier to occur of the date of termination of this Lease or Tenant's vacating of the Premises. Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing shall promptly repair any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, Project or the date Premises caused by the removal of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in not so removed and any other property of Tenant not removed prior to the termination of this Lease or Tenant's vacating of the Premises after the Expiration Dateshall thereupon be conclusively presumed to have been abandoned by Tenant, or following an earlier termination date, and Landlord may, at its option, take over possession of any and all of the option foregoing and either (i) declare the same to be the property of LandlordLandlord by written notice to Tenant at the address provided herein or (ii) at the sole cost and expense of Tenant, be deemed to have been abandonedremove, and in such casestore, such items may be retained by Landlord as its property and/or dispose of the same or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, any part thereof all at Tenant's expense. Notwithstanding the foregoingcost, if in any manner that Landlord shall choose without incurring liability to Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordor any other person."

Appears in 2 contracts

Samples: Sublease (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, all supplemental HVAC equipment installed by Tenant, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property beyond reasonable wear and tear resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property’s Property beyond reasonable wear and tear. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, if not removed by Tenant within ten (10) days following written notice thereof from Landlord to Tenant, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Industrial Building Lease (Gordmans Stores, Inc.), Industrial Building Lease (Gordmans Stores, Inc.)

Tenant’s Property. All movable non-structural partitionsFurnishings, business and trade fixturesequipment, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and trade ----------------- fixtures that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned installed by Tenant and located in with or without drilling, cutting or otherwise defacing the Leased Premises (collectively, the "TENANT'S PROPERTYTenant's Personal Property") may be installed by Tenant on the Leased Premises and shall be and shall remain the property of Tenant. On the expiration of this Lease, if Tenant is not in default hereunder, Tenant may remove any such property (and may be removed shall remove any such property if directed by Tenant at Landlord) and shall repair any time during the Term, provided Tenant repairs or pays the damage caused by such removal and reimburse Landlord for Landlord's cost of so repairing the Lease Premises. If Tenant fails to remove the Tenant's Personal Property as required under this Lease, Landlord may do so and Landlord shall not be liable for any loss or damage to the Premises or to the Property resulting from the installation and/or such property of Tenant which may occur during Landlord's removal thereof. At or before the Expiration Date, or Landlord may treat such property as abandoned and remove and keep the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)same, and Tenant shall repair (pay the entire cost of such removal to Landlord's reasonable satisfaction) any damage written demand therefor. Tenant agrees to pay all taxes on Tenant's Personal Property and if such taxes are levied against Landlord, or the assessed valued of the Project is increased by inclusion of a value placed on such property, Tenant shall pay such taxes to Landlord on demand if Landlord is required to pay such taxes (or reimburse Landlord on demand if Landlord pays such taxes). Notwithstanding anything herein to the contrary, any property placed by Tenant in or about the Leased Premises or the Property resulting from any installation and/or removal Building shall be at the sole risk of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and Landlord shall not in such case, such items may any manner be retained by Landlord as its property responsible therefor. The provisions of this Section 12 shall survive the expiration or be disposed sooner termination of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expensethis Lease. Notwithstanding the foregoing, if Tenant is in default under the terms of this Leaseabove, Tenant may remove Tenant's Property from shall have the Premises only upon right to install equipment and trade fixtures in the express written direction of Landlordmanner and extent set forth in Exhibit "K" hereto.

Appears in 2 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Tenant’s Property. 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 14.02 All paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the "TENANT'S PROPERTY"all of which are sometimes referred to as “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this lease; provided that if any of Tenant’s Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord’s expense shall not be deemed to have been installed by or for the installation and/or removal thereof. account of Tenant, without expense to Landlord, and shall not be considered Tenant’s Property. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal such removal. Tenant’s obligation herein shall survive the termination of Tenant's Property. the lease. 14.04 Any other items of Tenant's ’s Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding ’s expense in such manner as Landlord may see fit. 14.05 Tenant shall execute a security agreement in a form reasonably provided by Landlord whereby tenant shall grant to Landlord a security interest in Tenant’s Property and all proceeds of the foregoing, if Tenant is in default under the terms . Prior to execution of this Lease, and upon Landlord’s request at any time during this Lease term, Tenant may remove Tenant's Property from shall execute any and all additional documents necessary to preserve the Premises only upon the express written direction of Owner’s security interest, including any and all UCC-1 Continuations. Tenant agrees to pay any and all filing and administrative costs related to Landlord’s security interest.

Appears in 2 contracts

Samples: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises byinventory, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings signage (but not any monument structure on which the signage is located) and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant's Property”) shall be and shall remain the property of Tenant both throughout the Lease Term and may upon the expiration or earlier termination of this Lease. As used in the definition of Tenant's Property, “trade fixtures” means fixtures used in connection with the conduct of business at the Demised Premises which are attached to the Improvements, but only in a manner such that they can be removed by without damage to the Improvements, other than minor or cosmetic damage. Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing shall be responsible to repair any damage to the Demised Premises or to caused by the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property, including, but not limited to Tenant's trade fixtures. Any other items of Tenant's Property that shall remain in remaining at the Demised Premises after for more than thirty (30) days following the Expiration Date, expiration or following an earlier termination date, may, at the option of Landlord, this Lease shall be deemed abandoned by Tenant and Landlord may dispose of such abandoned property as Landlord deems appropriate without any accounting to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from shall not, however, include (i) any equipment or fixtures which are part of the Premises only upon base building systems serving the express written direction of LandlordImprovements, such as, but not limited to, roof top HVAC Units, plumbing fixtures and lighting fixtures (other than supplemental or specialty lighting fixtures and bulbs) or (ii) floor and wall covering affixed to the floor or walls, such as, but not limited to, carpeting, tile and paneling.

Appears in 2 contracts

Samples: Lease (Asbury Automotive Group Inc), Lease Agreement (Asbury Automotive Group Inc)

Tenant’s Property. All movable non-structural partitions, business and Any trade fixtures, machinery signs and equipment, communications equipment and office equipment that are other personal property installed in or attached to the Premises byby Tenant must be new when installed or attached. All such trade fixtures, or for signs and other personal property of Tenant installed by and at the account of, expense of Tenant and without expense to Landlord and that can be removed without structural damage but not permanently affixed to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall will remain the property of Tenant and may be removed by Tenant. Upon the last day of the Term or the date of earlier termination of this Lease, Tenant at its expense shall remove all of its trade fixtures, signs and other personal property from the Premises (including without limitation any time during the Termvaults and safes, provided Tenant repairs or pays the cost regardless of repairing whether permanently affixed), and repair any damage to the Premises caused by or to otherwise caused by Tenant vacating the Property resulting from the installation and/or removal thereofPremises. At Landlord’s option, any such trade fixtures, signs and other personal property not removed by Tenant at or before the Expiration Date, or the date prior to any termination of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall this Lease will become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expensecompensation therefor. Notwithstanding the foregoing, if Landlord gives Tenant is in default under notice to remove such items following the terms expiration or earlier termination of this Lease, then Tenant may shall promptly remove Tenant's Property from such items and repair any damage caused by such removal. If Tenant fails to remove such items, Landlord will have the Premises only upon right to remove the express written direction same and repair any damage caused by such removal. In such event, Tenant shall reimburse the actual out-of-pocket costs incurred by Xxxxxxxx in performing such work within thirty (30) days after billing, together with an administrative fee equal to fifteen percent (15%) of Landlordthe cost of such work to reimburse Landlord for its administrative expense in connection with such work, as Additional Rent under this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Business Lease (Asset Acceptance Capital Corp), Business Lease (Asset Acceptance Capital Corp)

Tenant’s Property. All movable non-structural partitionsFor the purpose of this Article 18, business and the following shall be deemed to be Tenant's property: (a) all furniture, trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property, other than those installed by or at the expense of Landlord; and (b) all inventory and stock in trade furnished by or at the expense of Tenant. Such property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed from the Premises by Tenant at any time time, provided that items essential to the conduct of Tenant's business shall be replaced with items of similar purpose and quality during the Lease Term. All of Tenant's property except those items, provided if any, which Landlord may have given Tenant repairs specific written permission to leave in the Premises, shall be removed upon expiration or pays the cost termination of repairing this Lease. Tenant shall: (i) repair any damage to the Premises Premises, building, Center or to tract caused by the Property resulting from the installation and/or removal thereof. 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 property; (ii) have all utility lines professional capped or plugged; and (iii) restore the Premises, building, Center and tract to substantially the same order and condition as existed immediately prior to the time Tenant entered into possession of the Premises, ordinary wear and tear and damage by casualty and the elements excepted. Such repairs and restoration work shall be made promptly, and in any Alterations (except such items thereof as constitute event prior to expiration or termination of this Lease. Any of Tenant's property not so removed may, at Landlord's Property; or as election and without limiting Landlord's right to compel removal thereof, be deemed abandoned, and Landlord shall have expressly permitted, in writing, may remove and dispose of the same and restore the Premises to remain, which property shall become the property of Landlord)good order and condition, and Tenant shall repair reimburse Landlord for all reasonable costs and expenses in connection with the restoration as Additional Rent within thirty (to 30) days after written notice thereof from Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting . And Tenant hereby releases Landlord from any installation and/or and all liability in connection with the removal and disposition of any of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, property not so removed by Tenant prior to expiration or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Commercial Lease (Healthcore Medical Solutions Inc), Commercial Lease (Healthcore Medical Solutions Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or INSURANCE Landlord shall not be liable to Tenant for the account of, Tenant and without expense to Landlord and that can be removed without structural any damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during on the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)leased premises, and Tenant shall repair (maintain insurance on such personal property at a value equal to Landlord's reasonable satisfaction) any damage to replacement costs. 16.1 DESTRUCTION If during the term, the Premises or and the Property resulting Building, is more than twenty-five percent (25%) destroyed (based upon replacement cost) 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 Datecause, or following an earlier termination daterendered inaccessible or unusable from any cause, Landlord may, at the option in its sole discretion, terminate this Lease by delivery of Landlord, be deemed notice to have been abandonedTenant within thirty (30) days of such event without compensation to Tenant. If Landlord does not elect to terminate this Lease, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlordif, in Landlord's sole estimation, the Premises cannot be restored within one hundred and absolute eighty (180) days following such destruction, the Landlord shall notify Tenant and Tenant may terminate this Lease by delivery of notice to Landlord within thirty (30) days of receipt of Landlord's notice. If Landlord does not terminate this Lease and if in Landlord's estimation the Premises can be restored within one hundred and eighty (180) days, then Landlord shall commence to restore the Premises in compliance with then existing laws and shall complete such restoration with due diligence. In such event, this Lease shall remain in full force and effect, but there shall be an abatement of Base Monthly Rent and Additional Rent between the date of destruction and the date of completion of restoration, based on the extent to which destruction interferes with Tenant's use of the Premises; provided, there shall be no abatement if such damage is the result of Tenant's negligence or wrongdoing. Landlord shall use its discretion and without accountability, at Tenant's expensebest efforts to minimize inconvenience to Tenant arising from restoration activities. Notwithstanding the foregoing, if Tenant is in default under the terms shall not be entitled to any damages or compensation for loss of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlorduse or any inconvenience occasioned by damage or any repair or restoration. 17.1 CONDEMNATION (1)

Appears in 2 contracts

Samples: Industrial Lease (Percon Inc), Industrial Lease (Percon Inc)

Tenant’s Property. 13.1 All fixtures, equipment, improvements and appurtenances attached to or built into the Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, shall be and remain a part of the Premises, shall be the property of Landlord and shall not be removed by Tenant, except as expressly provided in Section 13.2. 13.2 All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed located in the Premises by, and acquired by or for the account ofof Tenant, Tenant and without expense to Landlord and that Landlord, which can be removed without non-repairable structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"collectively “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term; provided that if any of Tenant’s Property is removed, provided Tenant repairs or pays the cost of repairing shall promptly repair any damage to the Premises or to the Property Building resulting from the installation and/or removal thereofsuch removal. At or before the Expiration Date, or the date of any earlier termination, TenantTenant may also, at its expense, shall remove from the Premises all items that are indicative of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)’s business, and otherwise “de-identify” the Premises, as Tenant reasonably believes necessary or appropriate for the protection of Tenant’s interest in Tenant’s trademarks, trade names, or copyrights, provided Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or caused by the Property resulting from any installation and/or removal of Tenant's Property’s trade fixtures, furnishings and equipment, which repair shall include the patching and filling of holes. Any other items of Tenant's Property that In no event shall remain in the Premises after the Expiration DateTenant remove, or following an earlier termination datebe required to remove, mayany restrooms, at the option of Landlordflooring (excluding raised floors), be deemed to have been abandonedceilings, and in such casewalls, such items may be retained by Landlord as its property electrical or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordHVAC systems.

Appears in 2 contracts

Samples: Office Building Lease, Office Building Lease (Avalara Inc)

Tenant’s Property. All movable non-structural partitions, articles of personal property (including Tenant’s generator and UPS system) and all business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, fixtures owned by Tenant or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned leased by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant Tenant, and may be removed by Tenant at any time during the Lease Term, provided Tenant repairs is not in default. Upon expiration or pays sooner termination of this Lease, Tenant shall remove any such property, together with any such property of any party other than Landlord. Tenant shall repair the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or or removal thereofof such property, and shall promptly surrender the Premises in the condition required by Section 31 hereof. At or before In the Expiration Date, or the date event of any earlier terminationfailure by Tenant to remove, Tenantrepair or clean as in this Section provided, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall upon demand, reimburse Landlord for the cost of any such removal, repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Propertycleaning. Any other items of Tenant's Property that shall remain in property left on the Premises after the Expiration Date, expiration or following an earlier termination date, mayof the Lease term or after Tenant’s vacation or abandonment of the Premises shall, at the option of Landlord’s option, be deemed to have been abandonedabandoned and to have become the property of Landlord to dispose of as Landlord deems expedient; Tenant agrees that expenses to be reimbursed by Tenant to Landlord upon demand, include court costs, attorneys’ fees and storage charges relating to such property. Landlord may, at its option, sell said property at private sale without notice or legal process, for such price as Landlord may obtain, and in apply the proceeds of such case, such items may be retained by Landlord as its property or be disposed of by sale to any amounts due under this Lease from Tenant to Landlord, in Landlord's sole including expenses incident to the removal and absolute discretion and without accountabilitysale of such property, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms or Landlord may otherwise dispose of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordsuch property.

Appears in 2 contracts

Samples: Office Space Lease (Captaris Inc), Office Space Lease (Captaris Inc)

Tenant’s Property. All movable non-structural partitions, business Any and all trade fixtures, machinery fixtures and equipment, communications equipment signs, appliances, inventory, furniture and office equipment that are other movable personal property installed in the Ski Facility or otherwise on the Lease Premises by, on the Effective Date or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned any time thereafter by Tenant and located (all of the foregoing being collectively referred to in this Lease as “Tenant’s Property” which is further described in Exhibit F), shall not become a part of the Premises (collectivelyrealty and, the "TENANT'S PROPERTY") shall be and shall remain the property provided that Tenant is not in default of Tenant and this Lease, may be removed from the Ski Facility or Leased Premises by Tenant at any time during the Termterm hereof or upon the termination of the term hereof; provided, provided Tenant repairs or pays the cost of repairing any damage however, if and to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Dateextent that Tenant is in default of this Lease, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as then Landlord shall have expressly permittedany and all rights at law or in equity, including, but not limited to, any and all liens, claims, demands or rights, including rights of levy, execution, sale and distraint for unpaid rent, or any other right, interest or lien which Landlord has or may hereafter acquire in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items In no event shall Tenant encumber Tenant’s Property with a security interest of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of any kind without Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense’s written consent. Notwithstanding the foregoing, if Tenant is in default under acknowledges that Tenant’s Property specifically excludes Landlord’s Property, which Tenant shall have no right to sell, remove, transfer or encumber, and which will revert to Landlord at the terms expiration or earlier termination of this the Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Restructure Agreement (Peak Resorts Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Bway Corp)

Tenant’s Property. 13.1 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises, and any changes involving additions to the HVAC equipment and the Building security, life safety, plumbing, electrical and other systems, at the commencement of or during the Term, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as expressly provided in this Article. 13.2 All movable non-structural partitions, custom-made cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without at no cost or expense to Landlord Landlord, and that which can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the all of which are sometimes referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Term; provided that if any of Tenant's Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair to Landlord's reasonable satisfaction or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord's expense shall not be deemed to have been installed by or for the installation and/or removal thereof. account of Tenant without expense to Landlord, and shall not be considered Tenant's Property. 13.3 At or before the Expiration Date, Date or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such earlier termination date, Tenant at its expense, shall remove from the Demised Premises (a) all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and (b) unless Landlord gives Tenant notice to the contrary, any non-Building standard or unusual changes (including, without limitation, interior staircases and raised flooring) (2) and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of such removal. Tenant's Property. obligation herein shall survive the termination of the lease. 13.4 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease Agreement (Build a Bear Workshop Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Magnetek, Inc.)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and or without expense to Landlord and that which can be removed without damage to any fixture or Tenant Improvement, and structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable moveable personal property owned by Tenant and located in the Premises (collectively, the hereinafter collectively referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the TermTerm of this Lease so long as Tenant's obligations are current and no default exists under this Lease. In the event Tenant's Property is so removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from thereof and restore the Premises all to the same physical condition and layout as they existed at the time Tenant was given possession of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; the Premises. Any equipment or as other property for which Landlord shall have expressly permitted, in writing, granted any allowance or credit to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 following an earlier termination date, may, at the option of Landlord, not be deemed to have been abandoned, and in such case, such items may be retained installed by Landlord as its property or be disposed for the account of by Tenant without expense to Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove shall not be considered Tenant's Property from and shall be deemed the Premises only upon the express written direction property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Net Command Tech Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of TenantXxxxxx's Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in LandlordXxxxxxxx's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Building Lease (Datalink Corp)

Tenant’s Property. 13.01 All movable non-structural partitionsfixtures, equipment, improvements, and appurtenances attached to or built into the Demised Premises at the commencement of or during the Term, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 13.02 All business and trade fixtures, unattached machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called “Tenant’s Property”), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the TermTerm of this Lease; provided that if any of Tenant’s Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any machinery and equipment for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereof. account of Tenant, without expense to Landlord, and shall not be considered Tenant’s Property. 13.03 At or before the Expiration Date, or the date of any an earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall have the right to remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and . Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or the removal of any Tenant's ’s Property. . 13.04 Any other items of Tenant's ’s Property that which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, in such manner as Landlord may see fit, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (GX Acquisition Corp.)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipmentfurnishings, communications equipment and office equipment that are personal property placed in the Premises by Tenant, the portions of the FF&E which constitute moveable office-type furnishings, and all computer, telecommunications or other cabling and wiring and associated conduit installed in the Premises by, or elsewhere at the Property by or for the account of, benefit of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the expiration of the Term, provided Tenant repairs or pays . In no event shall Tenant’s Property include (and the cost of repairing any damage to same shall remain in the Premises at the expiration or to earlier termination of this Lease) (i) any of the Property resulting from FF&E (other than moveable office-type furnishings), (ii) any cabling, wiring and associated conduit existing in the installation and/or removal thereof. At or before Premises as of the Expiration Commencement Date, or (iii) any fixtures, furnishings, or equipment paid for with the date of any earlier termination, TenantFinish Work Allowance. Tenant shall, at its cost and expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal caused by such removal. Any of Tenant's ’s Property not removed from the Premises prior to the Expiration Date shall, at Landlord’s option, become the property of Landlord. Landlord may remove such Tenant’s Property, and Tenant shall pay to Landlord, Landlord’s cost of removal and of any repairs in connection therewith in accordance with Section 4.4 hereof. Any other Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to notify Tenant at least sixty (60) days prior to the Expiration Date, or if the Lease terminates earlier, within thirty (30) days after such termination, whether the items of designated on Exhibit 8.4, attached, shall not be considered Tenant's ’s Property that and shall remain in the Premises after at the Expiration Date, expiration or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease (Organogenesis Holdings Inc.)

Tenant’s Property. All movable non-structural partitions, business property that is listed on attached Exhibit G and trade fixtures, machinery and equipment, communications equipment and office equipment other items of property that are installed in the Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord and that can be removed without structural damage to the (all of which are herein called "Tenant's Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the TermTerm provided that Tenant can and does promptly repair any damage to the Improvements caused by such removal; provided, however, that any equipment or other property for which Landlord has granted any allowance or credit to Tenant and which is a replacement for items originally provided by Landlord at Landlord's expense shall not be considered Tenant's Property. Upon completion of construction of the Initial Improvements, Tenant repairs shall provide Landlord with a complete inventory of Tenant's Property in detail reasonably satisfactory to Landlord, which inventory shall be subject to Landlord's approval. The approved inventory shall be attached hereto as Exhibit G. At Landlord's request, which may be made whenever Alterations requiring Landlord's approval have been made and otherwise not more often than once a year, Tenant shall provide Landlord for Landlord's review, an updated current inventory. Upon the Termination Date of this Lease, Tenant shall remove from the Premises all of Tenant's Property except such items as the parties shall have agreed are to remain and to become the property of Landlord and, upon the request of Landlord made within thirty (30) days following the expiration or pays termination of this Lease, Tenant, at its sole cost and expense, shall also remove any Alterations designated by Landlord to be removed. Tenant shall repair or pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or removal thereofsuch removal. At Tenant's request Landlord shall specify prior to installation or before the Expiration Date, or the date construction of any earlier termination, Tenant, at its expense, Alterations whether or not Landlord will require removal of such Alterations. Landlord agrees that Tenant shall not be required to remove from the Premises all of Incubator Building. Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord obligations under this Section 11.12 shall have expressly permitted, in writing, to remain, which property shall become survive the property termination of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Propertythis Lease. Any other items of Tenant's Property that which shall remain in the Premises after the Expiration Date, or following an earlier termination date, Date of this Lease may, at the option of Landlord, be deemed to have been abandoned, abandoned and in such case, such items case may either be retained by Landlord as its property or be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expenseexpense in such manner as Landlord may see fit. Notwithstanding the foregoing, if Any disagreement between Landlord and Tenant is in default under the terms of this Lease, Tenant may remove as to what constitutes Tenant's Property from and what constitutes fixtures and other property constituting part of the Premises only upon the express written direction of LandlordImprovements shall be resolved by arbitration pursuant to Article 39.

Appears in 1 contract

Samples: Lease Agreement (Genencor International Inc)

Tenant’s Property. All movable movable, non-structural partitions, business partitions and trade fixtures, all machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyPremises, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Demised Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Dateexpiration date of the Lease, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Dateexpiration or earlier termination of the Lease, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Agreement of Sale (Blonder Tongue Laboratories Inc)

Tenant’s Property. All movable non-structural partitionsIn addition to the Rent to be paid by Tenant hereunder, business and trade fixturesTenant shall pay to Landlord, machinery and equipment, communications equipment and office equipment that are installed in the Premises byupon demand, or for the account ofwhere applicable, Tenant and without expense to Landlord and that can be removed without structural damage directly to the Propertytaxing authority, when due, Tenant's allocable share of any and all furnituretaxes payable by Landlord (other than net income taxes) whether or not now customary or within the contemplation of the parties hereto: (a) upon, furnishings and other articles allocable to, or measured by the Rent payable hereunder, including, without limitation, any gross receipts tax or excise tax levied by any governmental or taxing body with respect to the receipt of movable personal property owned such Rent (excluding general income taxes of Landlord); or (b) upon or with respect to the leasing, operation, management, use or occupancy by Tenant and located in of all or any part of the Premises Demised Premises; or (collectively, c) upon (i) the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all measured value of Tenant's Property and located in the Demised Premises or in any Alterations (except such items thereof as constitute Landlord's Property; storeroom, garage or as Landlord shall have expressly permitted, any other place in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property resulting from Complex, and (ii) any installation and all fixtures and/or removal Improvements, it being the intention of Landlord and Tenant that, to the extent possible, any such taxes (real, personal or otherwise) shall be billed to and paid directly by Tenant's Property. The parties will endeavor to cause the applicable taxing authority to itemize such taxes separately for the convenience of the parties, but, if unsuccessful, Landlord shall reasonably itemize and allocate such taxes to be payable by Tenant. Tenant shall pay all such taxes becoming due after the expiration of the Term which are attributable to a portion of the Term and such obligation shall survive the end of the Term. Any other items of Tenant's Property that reimbursement referred to in this Section 10.1 shall remain in the Premises after the Expiration Date, or 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 collected by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default Additional Rent under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Playtex Products Inc)

Tenant’s Property. 13.01. Landlord's Work, Tenant's Work and all fixtures, equipment, improvements, and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article and in Article 3 expressly provided. 13.02. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called "Tenant's Property"), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereofaccount of Tenant, without expense to Landlord, and shall not be considered Tenant's Property. 13.03. At or before the Expiration Date, or the date of any an earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and, if required by Landlord as provided in Section 12.06, above, all items of work done by or on behalf of Tenant after the Rent Commencement Date shall be removed by Tenant and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from such removal. If Tenant fails to remove its Property and/or otherwise fails to perform any installation and/or removal restoration required of Tenant's Propertyit under this Lease, then Tenant shall be deemed a hold-over Tenant as contemplated in Article 40. 13.04. Any other items of Tenant's Property that (except money, securities, and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, without accountability, in Landlord's sole and absolute discretion and without accountabilitysuch manner as Landlord may see fit, at Tenant's expense. 13.05. Notwithstanding the foregoingLandlord hereby expressly waives any and all rights granted by or under any present or future laws to levy or distrain for rent, if Tenant is in default under the terms arrears, in advance or both, on any of this Lease, Tenant may remove Tenant's Property from Property, or of any subtenant or licensee of Tenant except after Landlord has instituted a legal action which permits the Premises only Landlord to levy or distrain on Tenant's Property. In no event shall Landlord be permitted to distrain upon the express written direction of LandlordTenant's files and/or its proprietary documentation.

Appears in 1 contract

Samples: Lease Agreement (Globespan Inc/De)

Tenant’s Property. 13.01. All movable non-structural partitionsfixtures, equipment, improvements, and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 13.02. All business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called "Tenant's Property"), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereofaccount of Tenant, without expense to Landlord, and shall not be considered Tenant's Property. 13.03. At or before the Expiration Date, or the date of any an earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and, if requested by Landlord, all items of work done by or on behalf of Tenant after the Commencement Date shall be removed by Tenant and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from such removal. If Tenant fails to remove its Property and/or otherwise fails to perform any installation and/or removal restoration required of Tenant's Propertyit under this Lease, then Tenant shall be deemed a hold-over Tenant as contemplated in Article 40. 13.04. Any other items of Tenant's Property that (except money, securities, and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, without accountability, in Landlord's sole and absolute discretion and without accountabilitysuch manner as Landlord may see fit, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Life Medical Sciences Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, but subject to a lien by Tenant’s lender if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (M Wave Inc)

Tenant’s Property. 18.01 All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment improvements and office equipment that appurtenances attached to or built into the Demised Premises at the Commencement Date or during the Term, whether or not by or at the expense of the Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant except an hereinafter in this Article expressly provided. 18.02 All fixtures, furnishings, equipment, including Tenant's movable shelving, movable files and movable work stations, but exclusive of work performed by Landlord at Landlord's cost and expense pursuant to the provisions of Article 4 hereof and exclusive of any electric meter and related wiring and parts, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord the Landlord, and that can be removed without structural damage to or defacement of the Building (all of which are herein called "Tenant's Property"), and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Term; provided that if any of the Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Building or the Real Property resulting from such removal. Any fixtures, equipment or other property for which Landlord shall have granted any allowance to the installation Tenant as a credit or substitution in kind shall not be deemed to have been installed by or for the account of the Tenant without expense to Landlord, and shall not be considered as Tenant's Property. Any partitions installed by Landlord, whether movable or not, shall not be considered Tenant's Property. Landlord shall not be obligated to return and/or removal thereofreinstall any partitions supplied to Tenant which are returned by Tenant to Landlord due to enlargement, reduction or change in the Demised Premises. Landlord waives any Landlord's lien against the aforementioned movable shelving, movable files and movable work stations and other of Tenant's personalty and will execute any instruments as Tenant may reasonably request affirming said waiver without cost or obligation to Tenant. 18.03 At or before the Expiration Dateexpiration of this Lease, or the date of any earlier termination, TenantTenant shall remove, at its expense, shall remove from the Premises Demised Premises, all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage and make any replacements to the Demised Premises or the Property Building resulting from any installation and/or removal or necessitated by such removal, and shall pay all other costs of Tenant's Property. such removal. 18.04 Any other items of Tenant's Property that which shall remain in the demised Premises after the Expiration Date, or following an earlier termination dateexpiration of this Lease, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at in such manner as Landlord may see fit. Tenant agrees to reimburse Landlord for the costs of removal and for the coat of repairing any damage to the Demised Premises or the Building arising out of Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under failure to remove Tenant's Property pursuant to the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Standard Form Lease (Icon Holdings Corp)

Tenant’s Property. 13.01. All movable non-structural partitionsfixtures, equipment, improvements, and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 13.02. All business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called "Tenant's Property"), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereofaccount of Tenant, without expense to Landlord, and shall not be considered Tenant's Property. 13.03. At or before the Expiration Date, or the date of any an earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and, if requested by Landlord, all items of work done by or on behalf of Tenant, in accordance with Article 12, after the Commencement Date shall be removed by Tenant and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from such removal. If Tenant fails to remove its Property and/or otherwise fails to perform any installation and/or removal restoration required of it under this Lease, then Tenant shall be deemed a hold-over Tenant as contemplated in Article 40. Ninety (90) days prior to the Expiration Date of this Lease, at the request of Tenant, Landlord shall walk through the Demised Premises with Tenant and create a punchlist of all restoration which shall be required to be completed by Tenant by the Expiration Date. Thereafter, Tenant may request a written estimate from Landlord for the cost of all restoration required pursuant to this Lease. Failure by Landlord and Tenant to walk through the Demised Premises or failure by Landlord to provide an estimate of the cost of the restoration required as set forth above shall not relieve Tenant of any restoration obligations otherwise required pursuant to this Lease. In lieu of restoring the Demised Premises as required pursuant to this Lease, Tenant may, at its option, pay Landlord, prior to the Expiration Date of the Lease, the cost of such restoration as set forth in Landlord's Propertyestimate. Landlord and Tenant acknowledge that Landlord, prior to the Expiration Date, will notify Tenant of its restoration obligations and, as a result, notwithstanding the ninety (90) day time period set forth above, it shall be Tenant's obligation to ensure that Tenant has enough time after the Landlord and Tenant walk through the Demised Premises, if Tenant will be performing such restoration prior to the Expiration Date of the Lease. If Tenant fails remove its Property and/or fails to perform any restoration required of it under this Lease and/or fails to pay Landlord for the cost of any restoration required on or before the last day of the term of this Lease or upon any earlier termination, Tenant shall be deemed a hold-over Tenant under Article 40 of this Lease until such time as Tenant has completed such restoration. 13.04. Any other items of Tenant's Property that (except money, securities, and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordwithout accountability, in Landlord's sole and absolute discretion and without accountabilitysuch manner as Landlord may see fit, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (I Many Inc)

Tenant’s Property. All movable non-structural partitionsIf Tenant shall fall to remove all affects from the leased premises upon the abandonment thereof or upon the termination of this lease for any cause whatsoever, business Landlord, at its option, may remove such effects in any manner that it shall choose and trade fixturesstore them without liability to Landlord for loss or damage thereof, machinery and equipmentTenant agrees to pay Landlord on demand any and all expenses incurred in such removal, communications equipment including court costs, attorney’s fees, and office equipment that are installed in the Premises bystorage charges on such effects for any length of time they shall be In Landlord’s possession; or Landlord, at its option, without notice, may sell said effects, or for the account ofany of them, Tenant at private’ sale and without expense legal process, for such prices as Landlord may obtain, and apply the proceeds of such sale against any amounts due under this lease from Tenant to Landlord and that can against the expenses incident to the removal and sale of said effects, rendering the surplus, if any, to Tenant. Tenant hereby conveys to Landlord all of the personal property of Tenant situated on the leased premises as security for the payment of all rentals due or to become due hereunder, and Xxxxxx agrees to execute such documents as Landlord may reasonably require to evidence Xxxxxxxx’s security interest therein. Said property shall not be removed without structural damage therefrom (except to the Propertyextent such property is replaced with an item of equal or greater value) without the consent of Landlord until all rent due or to become due hereunder shall have first been paid and discharged. It is intended by the parties hereto that this instrument shall have the effect of a mortgage or lien upon such property, and Landlord, upon default of Tenant in the payment of rent, may take possession of said property either for its own use or to sell the same at public or private sale, as Landlord so chooses, and out of the money derived therefrom, pay the amount due Landlord, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property costs resulting from the installation and/or removal thereofexecution of the provisions hereof, paying the surplus, if any, to Tenant. At or before the Expiration DateIf said property, or the date of any earlier termination, Tenant, at its expenseportion thereof, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as be offered at publicauction, Landlord shall have expressly permitted, in writing, to remain, which property shall may become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordpurchaser thereof.

Appears in 1 contract

Samples: Lease Extension (Alphasmart Inc)

Tenant’s Property. 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 14.02 All paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the all of which are sometimes referred to as "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this lease; provided that if any of Tenant's Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord's expense shall not be deemed to have been installed by or for the installation and/or account of Tenant, without expense to Landlord, and shall not be considered Tenant's Property. Anything contained in this Section 14.02 and in Section 14.03 below to the contrary, Tenant shall not be required to replace any lighting fixtures installed by Tenant, or to repair minor holes in the walls of the Demised Premises caused by the removal thereof. of such lighting fixtures, or to re-sheetrock or re-paint or perform similar repairwork that may be necessitated by the removal by Tenant of Tenant's Property, except to the extent that any of the damage caused by such removal is extensive or excessive. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (which is not attached to, or built into, the Demised Premises except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant and, except as otherwise expressly set forth in this lease, shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of such removal. Tenant's Property. obligation herein shall survive the termination of the lease. 14.04 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is expense in default under the terms such manner as Landlord may see fit. (a) For purposes of this Leaselease, "SPECIALTY INSTALLATION(S)" shall mean installations consisting of kitchens (but not pantry areas), raised computers floors, satellite dishes and antennas, fire suppression systems, vaults, internal staircases, dumbwaiters, pneumatic tubes, vertical and horizontal transportation systems and other installations of similar character or nature that are above and beyond standard or typical office installations. Unless otherwise expressly advised in writing by Landlord to the contrary, on or before the Expiration Date or sooner termination of this lease, Tenant may shall, at its sole cost and expense, remove Tenant's Property all Specialty Installation(s) from the Demised Premises only upon and restore all slab and wall penetrations to the express written direction of Landlordcondition that existed prior to such penetrations (such removal and repair work being hereinafter referred to as the "RESTORATION WORK").

Appears in 1 contract

Samples: Lease Agreement (About Com Inc)

Tenant’s Property. All movable non-structural partitions, business and trade Section 12.1 Any fixtures, machinery and equipment, communications improvements and appurtenances attached to, Section 12.2 All improvements, furniture, fixtures, equipment and office equipment that are installed other personal property used in Tenant’s business (as opposed to operation of the Improvements (as defined in the Premises byContract of Sale)) including, or for avoidance of doubt, all art work located throughout the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectively, the "TENANT'S PROPERTY"all of which are herein called “Tenant’s Property”) shall be and shall remain the property of Tenant and any of Tenant’s Property may be removed by Tenant at any time during the Term, provided Term of this Lease. Tenant repairs shall have no obligation whatsoever to repair or pays the pay any cost of repairing any damage to the Demised Premises or resulting from such removal, except to the Property resulting from extent such damage affects the installation and/or removal thereof. At structural elements of the Building or before any building systems (excluding improvements, equipment and other property which distribute the Expiration Date, or building systems within the date of any earlier termination, Tenant, at its expense, shall remove from Twenty First Floor Unit unless the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, same are intended to remain, which property shall become the property of be retained by Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's ’s Property that (except money, securities and other like valuables) which shall remain on or in the Demised Premises after the Lease Expiration Date, or following an earlier termination date, Date may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, in such manner as Landlord may see fit at Tenant's expenseLandlord’s cost. Notwithstanding the foregoing, if Tenant is shall remove any of the personal effects (e.g. files, correspondence and other papers) of persons employed at the Demised Premises (the “Personal Effects”). Tenant shall otherwise leave the Demised Premises in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord“broom clean” condition.

Appears in 1 contract

Samples: Contract of Sale

Tenant’s Property. All movable non-structural partitions7.1 Tenant shall have the right at any time during the term to repair, business and trade alter, move, remove, replace, or improve any of Tenant's furniture, fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property of any nature owned by Tenant and or located in the Premises, including, without limitation, art, paintings, sculptures, wall hangings, telephones, computer systems, cash registers, liquor control systems, ice makers and similar restaurant and office furniture fixtures and equipment and personal property of any nature, whether or not affixed to the Premises and whether or not included in Tenant's work (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term), provided Tenant promptly repairs or pays the cost of repairing and restores any damage to the Premises or caused by Tenant's removal of same. Provided such items are not purchased with monies from Landlord, Tenant shall have the right to the Property resulting from the installation and/or removal thereof. At or before the Expiration Datelease, or the date of pledge, encumber and grant security interests in any earlier termination, Tenant, at its expense, shall remove from the Premises and all of Tenant's Property property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of lien on Tenant's Property that shall remain be subordinate to any lien and security interest in the Premises after the Expiration Date, favor of any institutional lender or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expenseany purchase money financing. Notwithstanding the foregoing, if Unless Tenant is in default under the terms Lease, nothing contained in this Section or the Lease shall prohibit or prevent Tenant from removing any improvements, furniture, fixtures or equipment installed in the Premises, including, without limitation, the Tenant's Work, at the termination of this Lease, provided only that Tenant may remove promptly repair and restore any damage to the premises caused by Tenant's Property removal of the same, reasonable wear and tear, obsolescence and damage from the Premises only upon the express written direction of elements, fire or other casualty, Landlord's repairs, Tenant's permitted improvements, any alterations made or damage caused by Landlord or its servants or agents, damage that Landlord is required to repair, excepted.

Appears in 1 contract

Samples: Commercial Lease (Petmed Express Inc)

Tenant’s Property. 13.01. All movable non-structural partitionsfixtures, improvements, installations and appurtenances attached to or built into the Premises at the commencement or during the Term of this Lease, whether by Landlord at its own expense or at the expense of Tenant, shall be and remain a part of the Premises, shall be deemed the property of Landlord, and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. Tenant acknowledges that as of the Commencement Date certain areas of the Premises will contain scrap material which is owned, and will remain owned, by Landlord, and Tenant will not move or otherwise disturb such material. In addition, Landlord reserves the right to remove any assets within the Premises as of the Commencement Date, which are not included as part of this Lease. 13.02. All business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuildings, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectivelyall of which are sometimes called “Tenant’s Property”), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the TermTerm of this Lease; provided, provided however, that if any of Tenant’s Property is removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Buildings resulting from such removal. Any improvement for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereofaccount of Tenant, without expense to Landlord, and shall not be considered Tenant’s Property. 13.03. At or before the Expiration Date, or the date of any earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property Buildings resulting from any installation and/or removal of Tenant's Propertysuch removal. 13.04. Any other items of Tenant's ’s Property that (except money, securities and other like valuables) which shall remain in the Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, maymay thereafter, at the option of the Landlord, and upon not less than three (3) days’ notice to Tenant allowing Tenant to retrieve such items, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, without accountability in Landlord's sole and absolute discretion and without accountability, such manner as Landlord may see fit at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease (Bitdeer Technologies Group)

Tenant’s Property. Except as otherwise provided in Section 8.1(e) and this Section 8.6, all work, construction, repairs, Alterations, other improvements or installations made to or upon the Premises (including, but not limited to, the construction performed by Landlord or Tenant under Article 4 and Exhibit C), whether or not at the expense of Tenant, shall become part of the Premises and shall become the property of Landlord and remain upon and be surrendered with the Premises as a part thereof upon the Expiration Date or earlier termination of the Lease Term: (a) All movable non-structural personal property not permanently affixed to the Building, including moveable partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account ofof Tenant, Tenant at Tenant's expense (and without expense any contribution to Landlord the cost thereof from Landlord) and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other moveable articles of movable personal property owned by Tenant and located in the Premises (collectively, the all of which are herein referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant or any person claiming under Tenant at any time or times during the Lease Term and (with the exception of special cabinet work or property which is built into the Premises) shall be removed by Tenant at the expiration or earlier termination of the Lease Term, provided . Tenant repairs or pays the cost of repairing shall repair any damage to the Premises occasioned by the removal by Tenant or to the any person claiming under Tenant of any Tenant's Property resulting from the installation and/or removal thereof. Premises, and in no event shall Tenant leave its telephone and data cabling and telecommunications systems lines in the Building or the Premises in a partially removed, damaged or inoperable condition. (b) At or before the Expiration DateDate or earlier termination of the Lease Term, unless otherwise agreed in writing by Landlord, or the date of any earlier terminationotherwise expressly provided in this Lease, Tenant, at its expense, Tenant shall remove from the Premises all any items of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permittedWork, in writingAlterations, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage additions and/or improvements made to the Premises with Landlord's consent for which such removal was made a condition of such consent under Section 8.1 or Exhibit C. Upon such removal Tenant shall restore the Property resulting from any installation and/or removal of Premises to substantially their condition prior to such Tenant's Property. Work, Alterations, additions and improvements and repair any damage occasioned by such removal and restoration. (c) Any other items of Tenant's Property that shall (except money, securities and like valuables) which remain in on the Premises after the Expiration Date, Date or following an earlier termination date, of the Lease Term may, at the option of Landlord, be deemed to have been abandoned, abandoned and in such case, such items case may either be retained by Landlord as its property or may be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease Agreement (Etre Reit, LLC)

Tenant’s Property. 13.01. All movable non-structural partitionsfixtures, equipment, improvements, and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 13.02. All business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called "Tenant's Property"), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereofaccount of Tenant, without expense to Landlord, and shall not be considered Tenant's Property. 13.03. At or before the Expiration Date, or the date of any an earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (Property, including those items set forth in Section 3.02, except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and, if requested by Landlord, all items of work done by or on behalf of Tenant after the Commencement Date shall be removed by Tenant and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from such removal. If Tenant fails to remove its Property and/or otherwise fails to perform any installation and/or removal restoration required of Tenant's Propertyit under this Lease, then Tenant shall be deemed a hold-over Tenant as contemplated in Article 40. 13.04. Any other items of Tenant's Property that (except money, securities, and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, without accountability, in Landlord's sole and absolute discretion and without accountabilitysuch manner as Landlord may see fit, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease (Hanover Capital Mortgage Holdings Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in If the Premises byor any part thereof shall have been rendered unfit for use and occupation hereunder by reason of such damage, the Basic Rent or for the account ofa just and proportionate part thereof, Tenant and without expense to Landlord and that can be removed without structural damage according to the Propertynature and extent to which the Premises shall have been so rendered unfit, and all furniture, furnishings and other articles shall be suspended or abated from the time of movable personal property owned by Tenant and located in such damage until the Premises (collectively, except as to the "TENANT'S PROPERTY"property which is to be repaired by or at the expense of Tenant) shall have been restored as nearly as practicably may be to the condition in which they were immediately prior to such fire or other casualty and a certificate of occupancy issued permitting Tenant's use of the Premises. Landlord shall remain not be liable for delays in the property making of any such repairs which are due to governmental regulations, casualties and strikes, and other causes beyond the control of Landlord, nor shall Landlord be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting from reasonable delays in repairing such damage. In case the Building or at least 25% thereof is so damaged by such fire or other casualty that substantial alteration or reconstruction (which may reasonably be expected to take nine months or longer of actual construction time to complete) of the Building shall be required, then, whether or not the Premises shall have been damaged by such fire or other casualty, this Lease and the Term hereof may be removed terminated at the election of Landlord or Tenant by Tenant at a notice in writing of its election so to terminate, which termination shall be effective not less than thirty (30) days after the day on which such termination notice is received. In the event of any time during such termination, this Lease and the Term, provided Tenant repairs or pays Term hereof shall expire as of such effective termination date and the cost Rent shall be apportioned as of repairing any damage to such date; and if the Premises or to any part thereof shall have been rendered unfit for use and occupation by reason of such damage, the Property resulting Basic Rent for the period from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; fire or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage other casualty to the Premises or the Property 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 following an earlier effective termination date, mayor a just and proportionate part thereof, at according to the option of Landlord, be deemed nature and extent to which the Premises shall have been abandonedso rendered unfit, shall be abated and in any security deposits and other expense deposits shall be returned to the extent that such case, such items may be retained by Landlord as its property or be disposed deposits represent a period after the expiration of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordTerm.

Appears in 1 contract

Samples: Lease (Zefer Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Wentworth Ii Inc)

Tenant’s Property. All movable non-structural partitionsIn addition to the Fixed Rent and other charges to be paid by Tenant hereunder, business Tenant shall pay Landlord upon demand, as Additional Rent, or where applicable directly to the taxing authority when due, for its share of any and trade fixturesall taxes payable by Landlord (other than net income taxes) whether or not now customary or within the contemplation of the parties hereto: (a) upon, machinery allocable to, or measured by the Rent payable hereunder, including, without limitation, any gross receipts tax or excise tax levied by any governmental or taxing body with respect to the receipt of such Rent; (b) upon or with respect to the possession, leasing, operation, management, maintenance, alteration (subsequent to the construction of the initial Tenant's Work, undertaken by Tenant, to ready the Demised Premises for Tenant's initial occupancy thereof), repair, use or occupancy by Tenant of all or any part of the Demised Premises; and equipment, communications equipment and office equipment that are installed (c) upon (i) the measured value of Tenant's personal property located in the Demised Premises byor in any storeroom, garage or for any other place in the account ofDemised Premises or the Project, Tenant and without expense to Landlord (ii) any and that can be removed without structural damage all fixtures and/or improvements in or to the Property, and all furniture, furnishings and other articles of movable personal property Demised Premises which are owned by Tenant and/or constructed, installed and/or paid for by Tenant, subsequent to the construction of the initial Tenant's Work, undertaken by Tenant, to ready the Demised Premises for Tenant's initial occupancy thereof, it being the intention of Landlord and located in Tenant that, to the Premises extent possible, any such taxes (collectivelyreal, the "TENANT'S PROPERTY"personal or otherwise) shall be billed to and paid directly by Tenant. Tenant shall remain pay all such taxes coming due after the property expiration of Tenant and may the Term which are attributable to a portion of the Term. No taxes required to be removed paid by Tenant at any time during the Termunder this Section 6.1 shall be included in Real Estate Taxes or Operating Expenses, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except as such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, terms are defined in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordSection 5.1 herein.

Appears in 1 contract

Samples: Lease Agreement (Memberworks Inc)

Tenant’s Property. All movable non-structural partitionsExcept for the generator serving the Premises and owned by Tenant during the Term of the Lease (“Generator”), all unattached business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in brought to the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectivelytogether, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereofTenant. At or before the Expiration Date, expiration or the date termination of any earlier terminationthis Lease, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property Building resulting from any installation and/or removal of Tenant's ’s Property. Tenant shall remove, at or prior to the expiration or termination of this Lease, at its expense, all wiring and cabling installed at the Premises which shall have been installed by Tenant or which Landlord shall have installed pursuant to this Lease or at the request of Tenant. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, expiration or following an earlier termination date, of this Lease may, at the option of Landlord’s election, be deemed to have been abandoned, and Landlord may deal with Tenant’s Property in such case, such items may be retained by lawful manner as Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountabilityshall determine, at Tenant's ’s expense. Notwithstanding anything to the foregoingcontrary contained herein, if Tenant is in default under at the terms expiration or termination of this Lease, Tenant may remove Tenant's Property from the Generator shall remain at the Premises only upon and Tenant shall immediately execute a xxxx of sale to transfer to Landlord all right, title, and interest of Tenant in and to the express written direction Generator, free and clear of Landlordany liens and encumbrances. Tenant agrees to execute such further documents and instruments and to take such further actions as may be reasonably necessary to carry out the purposes and intent of this Section 9, which obligation shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Tenant’s Property. 18.01 All movable non-structural partitions, business and trade fixtures, machinery equipment, improvements and appurtenances attached to or built into the Demised Premises at the Commencement Date or during the Term, whether or not by or at the expense of the Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant except as hereinafter in this Article expressly provided. 18.02 All fixtures, furnishings, and equipment, communications equipment exclusive of work performed by Landlord at Landlord's cost and office equipment that expense pursuant to the provisions of Article 4 hereof and exclusive of any electric meter and related wiring and parts, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord the Landlord, and that can be removed without structural damage to or defacement of the Building (all of which are herein called "Tenant's Property"), and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Term; provided that if any of the Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Building or the Real Property resulting from such removal. Any fixtures, equipment or other property for which Landlord shall have granted any allowance to the installation Tenant as a credit or substitution in kind shall not be deemed to have been installed by or for the account of the Tenant without expense to Landlord, and shall not be considered as Tenant's Property. Any partitions installed by Landlord, whether movable or not, shall not be considered Tenant's Property. Landlord shall not be obligated to return and/or removal thereof. reinstall any partitions supplied to Tenant which are returned by Tenant to Landlord due to enlargement, reduction or change in the Demised Premises. 18.03 At or before the Expiration Dateexpiration of this Lease, or the date of any earlier termination, TenantTenant shall remove, at its expense, shall remove from the Premises Demised Premises, all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage and make any replacements to the Demised Premises or the Property Building resulting from any installation and/or removal or necessitated by such removal, and shall pay all other costs of Tenant's Property. such removal. 18.04 Any other items of Tenant's Property that which shall remain in the Demised Premises after the Expiration Date, or following an earlier termination dateexpiration of this Lease, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at in such manner as Landlord may see fit. Tenant agrees to reimburse Landlord for the costs of removal and for the cost of repairing any damage to the Demised Premises or the Building arising out of Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under failure to remove Tenant's Property pursuant to the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (International Telecommunication Data Systems Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Sed International Holdings Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenantinstall, at its expense, shall remove from within the interior of the Leased Premises all of such fixtures, equipment and other personal property as are neces sary, convenient or desirable for conducting Tenant's Property and normal business opera tions; provided, however, Tenant shall provide Landlord, in advance of such installation, a written list identifying any Alterations (except such items thereof as constitute installation that will be attached to the Leased Premises. The attachment of any installation shall be subject to Landlord's Property; approval and after such approval such list shall be made a part of this Lease. On expiration or termination of this Lease, if there then exists no Event of Default in the payment of Rent or the performance of other obligations of Tenant under this Lease, as defined in Section 29, Tenant may remove any such installation which Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), has approved for removal and Tenant shall remove any and all installation and other Tenant property which Landlord directs Tenant to remove by the later of 30 days after notice from Landlord or the date of the termination or expiration of this Lease. All cost and expense of such removal shall be borne solely by Tenant. If Tenant removes such installation and/or property, Tenant shall repair (any damage resulting from such removal and shall restore the Leased Premises to its condition prior to Tenant's occupancy, at Tenant's expense. If Tenant shall fail to remove such installation and/or property from the Leased Premises upon the expiration or termination of this Lease or upon abandonment of the Leased Premises, then at Landlord's reasonable satisfaction) any damage to the Premises election, all (or the Property 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 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 Landlord as its property or be disposed of portions thereof selected by Landlord, in Landlord's sole discretion) of such installation and/or property remaining on the Leased Premises shall be deemed abandoned and absolute discretion and without accountabilityshall become Landlord's property, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant or Landlord may remove Tenantsuch installation and/or property, store the same without liability to Tenant for loss or damage thereof, and Tenant agrees to pay Landlord on demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such property for any length of time it shall be in Landlord's Property from the Premises only upon the express written direction possession, together with an administrative fee equal to 20% of all such expenses to reimburse Landlord for Landlord's time, effort and overhead and Landlord's cost of money utilized to pay for such removal.

Appears in 1 contract

Samples: Office Lease (Commnet Cellular Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage Title to the PropertyImprovements as defined herein, and all changes, additions and alterations therein, and all renewals and replacements thereof, when made, erected, constructed, installed or placed upon the Premises by Tenant, shall be and remain in Tenant. While this Lease remains in effect, Tenant alone shall be entitled to claim depreciation on the buildings, improvements, additions and alterations therein and all renewals and replacements thereof, for all taxation purposes. Landlord acknowledges and agrees that all furniture, furnishings fixtures leased from an equipment lessor, equipment, machinery, signs, and other articles of movable any personal property owned by Tenant bearing any of Tenant's trade names or trademarks, service marks, trade style, designs, logos, indicia, corporate names, company names, business names, fictitious business names and located in any other service or business identifier, and related applications, whether registered or unregistered (collectively, "Tenant's Intellectual Property"), shall not be deemed to become part of the Premises however attached to or incorporated into the Premises (collectivelyunless the same impact the structural integrity of the Premises), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed Tenant. Notwithstanding any provision herein to the contrary, in the event of default by Tenant hereunder, Landlord may not sell, lease or encumber any of Tenant's Intellectual Property. Any personal property, equipment, furniture, inventory, trademarked items, signs, decorative items, counters, shelving, showcases, mirrors and other movable trade fixtures installed in or on the Premises by Tenant ("Tenant's Property"), shall remain the property of Tenant. Xxxxxxxx agrees that Tenant shall have the right, at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage from time to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writingtime, to remain, which property shall become the property of Landlord), remove any and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal all of Tenant's Property. Any other items Notwithstanding anything contained herein to the contrary, Landlord has no right to use, sell or convey Tenant's Intellectual Property. All buildings, structures and improvements erected or placed upon the Premises by or on behalf of Tenant shall be and remain the property of Tenant's Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole Tenant shall have all tax benefits and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordobligations related thereto.

Appears in 1 contract

Samples: Ground Lease

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except that, at such items thereof as constitute Landlord's Property; or time as Landlord shall have expressly permittedconsents to such Alterations, in writing, to remain, which property shall become Landlord informs Tenant that such Alterations must be removed from the property Premises at the end of Landlord), the Term and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property’s Property or Alterations. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Makemusic Inc)

Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant’s sole risk, business and trade the Landlord and its partners, agents and employees (collectively, “Landlord Parties”) shall not be liable for any damage to or loss of any personal property arising (i) from any acts or negligence of any other persons, (ii) from the leaking of the roof, (iii) from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, (iv) from the handling of electric wires or fixtures, or (v) from any other cause whatsoever, nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, unless and only to the extent such damage, loss or injury is caused by the negligence or willful misconduct of the respective Landlord Parties; the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofDemised Premises. At or before No storage of any kind will be allowed on the Expiration Dateexterior of the Building, or on the date of any earlier termination, Tenant, at its expense, shall remove from Common Areas serving the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Lease Agreement (Avalon Pharmaceuticals Inc)

Tenant’s Property. 14.01 All movable non-structural partitionsfixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this lease, whether or not by or at the expense of Tenant, except for trade fixtures and trade equipment shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 14.02 All business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the "TENANT'S PROPERTY"all of which are sometimes referred to as “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this lease; provided that if any of Tenant’s Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord’s expense shall not be deemed to have been installed by or for the installation and/or removal thereof. account of Tenant, without expense to Landlord, and shall not be considered Tenant’s Property. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal such removal. Tenant’s obligation herein shall survive the termination of Tenant's Property. the lease. 14.04 Any other items of Tenant's ’s Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is ’s expense in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital New York Recovery Reit Inc)

Tenant’s Property. All movable non-structural partitions18.1. Notwithstanding anything hereinbefore contained to the contrary, business provided Tenant complies with applicable Legal Requirements and all applicable Insurance Requirements, Tenant shall have the right, at its expense, to install, maintain and operate such moveable machinery or equipment including, without limitation, telecommunication equipment, data processing equipment and trade fixturesfixtures as may be required for the proper conduct of Tenant's business, except that if any thereof or the installation of any thereof shall require alterations, or shall materially adversely affect electrical, mechanical, HVAC or other Building systems, or if any bulky machinery or equipment which shall block all or a major portion of any window of the Premises shall be visible from outside the Premises (including, without limitation, main-frame computers but excluding machinery and equipment, communications equipment and office equipment that are installed used in the Premises bysuch as desks, or for the account oftelephones, personal computers and other similar moveable office equipment and furniture), Landlord's prior written consent, if any, in accordance with and in compliance with Article 15 shall be required, which consent shall not be unreasonably withheld. If Landlord shall fail to respond to a request made by Tenant and without expense to install any such item within ten (10) Business Days after receiving such request, Landlord's failure to respond shall be deemed to mean that Landlord and that can be removed without structural damage has approved such installation. Subject to the Propertyprovisions of this Article, any and all such movable machinery or equipment including, without limitation, telecommunication equipment, data processing equipment and trade fixtures installed by Tenant and all furniture, furnishings and other articles items of movable personal property owned (sometimes herein collectively called "Tenant's Property" shall remain personalty notwithstanding the fact that same may be affixed or attached to the realty, and shall, during the Term or any extension or renewal thereof, belong to and be removable by Tenant, provided that Tenant shall comply with, and located in the Premises (collectivelyTenant's Property shall be subject to, the "TENANT'S PROPERTY"provisions of Section 18.2 hereof. 18.2. To the extent Tenant has not previously ascertained pursuant to Section 15.1(c), Tenant shall ascertain from Landlord at least sixty (60) days (or such other reasonable period under the circumstances if the Term shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage end earlier) prior to the Premises or end of the Term whether Landlord chooses to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of have any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property installed by Tenant and any Alterations constituting Special Tenant Changes or Special Initial Work removed from the Premises and if Landlord shall so desire, Tenant shall, on or prior to the end of the Term hereof, remove such indicated items and restore the affected portion of the Premises to good order, condition and repair. All Tenant's Property constituting Special Tenant Changes or Special Initial Work (except such of those items thereof as constitute Landlord's Property; or as which Landlord shall have expressly permitted, agrees are to remain in writing, to remain, which property shall the Premises and become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in remaining within the Premises after the Expiration Date, expiration of such Term or following an earlier sooner termination date, maythereof and after Tenant is no longer in possession of the Premises shall, at Landlord's option, either (a) become the option property of Landlord, free of any claim by Tenant or any person claiming through Tenant, or (b) be deemed to have been abandoned, removed and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's cost and expense, without further notice to or demand upon Tenant. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from obligations under this Section shall survive the Premises only upon expiration or sooner termination of the express written direction Term hereof provided that Landlord shall notify Tenant of Landlordany obligation under this Section 18.2 within six (6) months following the expiration or sooner termination of the Term.

Appears in 1 contract

Samples: Lease Agreement (Wellchoice Inc)

Tenant’s Property. All movable non-structural partitions, business Initial Improvements and all Alterations shall be and remain part of the Premises (and at no time constitute Tenant’s trade fixtures), machinery shall not be removed by Tenant at any time, and equipmentshall be deemed and become the property of Landlord upon the expiration or other termination of the Term. Notwithstanding the provisions of the immediately preceding sentence, communications equipment those Initial Improvements and office equipment Alterations that (a) are installed by Tenant at its sole expense, without contribution or reimbursement, in whole or in part, by Landlord out of Landlord’s Contribution or otherwise, (b) are not affixed to any part of the Premises byReal Property, (c) are not part of the air conditioning equipment or for ductwork, (d) do not affect the account ofelectrical heating, Tenant plumbing or other Building systems or any structural portions of the Building and without expense to Landlord and that can (e) may be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and (items that satisfy the conditions of clauses (a) through (e) of this Section 4.03 shall be referred to as “Tenant’s Property”). Tenant may be removed by Tenant remove Tenant’s Property from the Premises at any time during the Term, provided Tenant repairs or pays the cost . All of repairing any damage to the Premises or to the Tenant’s Property resulting shall be removed from the installation and/or removal thereof. At or before Real Property upon the Expiration Date, or expiration of the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)Term, and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Real Property resulting from any installation and/or removal of Tenant's Propertysuch removal. Any other items of Tenant's ’s Property that shall remain in remaining on the Real Property for more than twenty (20) days after Tenant vacates the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, shall be deemed to have been abandoned, abandoned by Tenant and in such case, such items may be retained dealt with by Landlord as in any manner that Landlord sees fit without liability of any kind to Tenant unless caused by the negligence or other tortious acts of Landlord or its property agents or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expenseemployees. Notwithstanding the foregoing, if Tenant is in default under the terms The provisions of this Lease, Tenant may remove Tenant's Property from Section shall survive the Premises only upon expiration or sooner termination of the express written direction of LandlordTerm.

Appears in 1 contract

Samples: Lease (Digitas Inc)

Tenant’s Property. 13.1. All movable fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, including but not limited to non-structural portable heating, plumbing, electrical, ventilating and air-conditioning equipment, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 13.2. All moveable partitions, other business and trade fixtures, and other machinery and equipment (excluding heating, air-conditioning and ventilating), communications equipment, communications sound, stereo or other electrical equipment and office equipment that equipment, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the Property, Building and all furniture, furnishings and other articles of movable moveable personal property owned by Tenant and located in the Demised Premises (collectively, the all of which are sometimes called "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of the Tenant and may be removed by Tenant it at any time during the Termterm of this Lease; provided, provided that if any of Tenant's Property is removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from the installation and/or removal thereofsuch removal. 13.3. At or before the Expiration Date, or the date of any earlier terminationtermination of this Lease, or as promptly as practicable after such an earlier termination date, Tenant's Property, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain to become the property of Landlord), Landlord shall be removed by Tenant and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of Tenant's Propertysuch removal. 13.4. Any other items of Tenant's Property that (except money, securities, and other like valuables, including computers or related equipment), which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, in such manner as Landlord may see fit at Tenant's expense. 13.5. Notwithstanding Tenant shall be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the foregoing, if Tenant is in default under the terms term of this LeaseLease against any personal property of any kind, owned by or placed in, upon or about the Demised Premises by the Tenant. 13.6. Landlord shall not be liable for any damages to property of Tenant may remove Tenant's Property or of others located on the Demised Premises, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise, except if caused by a negligent act of Landlord or his agents. Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, or snow or leaks from any part of the Demised Premises or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, except if caused by a negligent act of Landlord or his agents. Landlord shall not be liable for any such damage caused by other tenants or persons in the Demised Premises, occupants or adjacent property to the Project or the public, or caused by operation in construction of any private, public or quasi-public work. All property of Tenant kept or stored in the Demised Premises only upon shall be so kept or stored at the express written direction risk of LandlordTenant only.

Appears in 1 contract

Samples: Lease Amendment (Saratoga Resources Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and Tenant's Property shall remain the property of Tenant and Tenant may be removed by Tenant remove the same at any time during on or before the TermExpiration Date. On or prior to the Expiration Date, provided Tenant repairs or pays shall, unless otherwise directed by Landlord, at Tenant's expense, remove any Specialty Alteration and close up any slab penetrations in the cost of repairing Premises. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant's removal of any Specialty Alterations or Tenant's Property or by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord, on demand, for Landlord's cost of repairing and restoring such damage. Any Above Building Standard Installations (as hereinafter defined) or Tenant's Property not so removed shall be deemed abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's cost and without accountability to Tenant. Tenant shall not be required to remove any of the Initial Installations or any subsequent Alterations unless, in either case, the same constitute Specialty Alterations which Landlord advises Tenant must be removed at the time consent thereto was granted. Concurrently with the issuance of its consent to the Property resulting from performance of the installation and/or removal thereof. At Initial Installations or before of any Alterations, Landlord will notify Tenant whether any such component of the Expiration DateInitial Installations or any such Alterations, or any material component thereof (including, without limitation, any oversized or exposed conduit) not expressly included within the date definition of any earlier termination, Specialty Alterations is considered by Landlord to be such. Mechanic's Liens. Tenant, at its expense, shall remove from discharge any lien or charge filed against the Premises all of Tenant's Real Property and in connection with any Alterations (except such items thereof as constitute Landlord's Property; work done or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 following an earlier termination date, may, at the option of Landlord, be deemed claimed to have been abandoneddone by or on behalf of, and or materials furnished or claimed to have been furnished to, Tenant, within 10 days after Tenant's receipt of notice thereof by payment, filing the bond required by law or otherwise in such caseaccordance with law. Labor Relations. Tenant shall not employ, such items may or permit the employment of, any contractor, mechanic or laborer, or permit any materials to be retained by Landlord as its property delivered to or be disposed of by Landlordused in the Building, if, in Landlord's sole and absolute discretion and without accountabilityjudgment, at Tenant's expense. Notwithstanding such employment, delivery or use will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the foregoingconstruction, if Tenant is in default under maintenance or operation of the terms of this LeaseBuilding by Landlord, Tenant may remove Tenantor others. If such interference or conflict occurs, upon Landlord's Property from request, Tenant shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Premises only upon the express written direction of LandlordBuilding immediately.

Appears in 1 contract

Samples: Building Lease Agreement (PMC Sierra Inc)

Tenant’s Property. 13.01 All movable non-structural partitions, business and trade fixtures, machinery equipment, improvements and appurtenances attached to or built into the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant except as hereinafter in this Article expressly provided. 13.02 All fixtures, furnishings and equipment, communications equipment exclusive of work performed by Landlord at Landlord's cost and office equipment that expense pursuant to the provisions of Article 3 hereof, whether or not attached to or built into the Demised Premises which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Term; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any fixture, equipment or other property for which Landlord shall have granted any allowance to the installation Tenant as a credit or substitution in kind shall not be deemed to have been installed by or for the account of the Tenant without expense to Landlord, and shall not be considered Tenant's Property. Landlord shall not be obligated to return and/or removal thereof. reinstall any partitions supplied to tenant which are returned by Tenant to Landlord due to enlargement, reduction or change in the Demised Premises. 13.03 At or before the Expiration Dateexpiration of this Lease, or the date of any earlier termination, TenantTenant shall remove, at its expense, shall remove from the Premises Demised Premises, all of Tenant's Property property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage and make any replacements to the Demised Premises or the Property Building 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 following an earlier termination date, may, at the option of Landlord, be deemed to have been abandonednecessitated by such removal, and in shall pay all other costs of such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordremoval.

Appears in 1 contract

Samples: Office Lease Agreement (Star Telecommunications Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyProperty and/or Building, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Termterm, provided that Tenant repairs or pays the cost of repairing any damage to the Premises Premises, Building or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Dateexpiration date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises (i) all of Tenant's Property ’s Property, and (ii) any Alterations (except such items thereof alterations, if any, as constitute Landlord's Property; or as Landlord shall have expressly permitted, agreed in writing, to remain, which property shall become the property of Landlord)writing in accordance with Section 5.2 hereof, and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises Premises, Building or the Property resulting from any installation and/or removal of Tenant's Propertysuch property. Any other items If Tenant fails to remove any of Tenant's Property that shall remain in ’s Property, or to restore the Premises to the required condition, within three (3) days after the Expiration Datetermination of this Lease or Tenant’s right to possession, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's ’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Notwithstanding Landlord shall not be responsible for the foregoingvalue, if preservation or safekeeping of Tenant’s Property. Tenant is in default under shall pay Landlord, upon demand, the terms of this Lease, expenses and storage charges incurred. If Tenant may fails to remove Tenant's ’s Property from the Premises only upon the express written direction or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Lease (Quanterix Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipmentequipment (including ovens, refrigerators & freezers walk-in or otherwise), communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. thereof 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms Rider 8A Initial Alterations Notwithstanding the foregoing, Landlord acknowledges that in connection with the initial buildout of the Premises for Tenant's intended uses, Tenant shall have the right, but not the obligation to reuse any fixtures, equipment and or cabinetry currently in use in any of the premises governed by the Existing Leases (defined in Exhibit C); provided, all such fixtures, equipment and or cabinetry shall be in good working order at the time of installation in the premises and further provided that tenant is entitled to remove the same under the terms of the Existing Leases. Rider 8B Permitted Alterations Notwithstanding anything to the contrary set forth in this Section 11 Tenant shall have the right, without Landlord's consent to make any nonstructural modifications or alterations to the interior of the Building which Tenant deems necessary or appropriate to Tenant's permitted use of the Building; provided, however that (i) Tenant shall deliver remodel plans to Landlord not less than 2 weeks prior to commencing construction; and (ii) Tenant shall not, without Landlord's prior written consent, modify or otherwise alter the Building's electrical, plumbing, HVAC or other building systems. Landlord may, at any time prior to the tenth day after the last day of the Lease Term, provide Tenant written notice specifying that all or any portion, as determined by Landlord, of the alterations or modifications made by Tenant to the Building or the Premises must be removed by Tenant. Tenant shall, within 10 days after its receipt of such notice or the end of the Lease Term, whichever is later, remove all such alterations or modifications specified by Landlord and restore the portions of the Building or Premises, as the case may be, that were affected by such alterations or modifications to their conditions as of immediately prior to the commencement of the alterations or modifications. All other alterations or modifications made by Tenant shall remain in the Building or Premises. of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (MRS Fields Financing Co Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, or for the account of, by Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyLandlord, and all furniture, furnishings and other articles of movable personal property owned by the Tenant and located in the Premises (collectivelyDemised Premises, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, term of this Lease; provided (i) that Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property resulting from such removal, (ii) that Tenant is not in default of the installation and/or removal thereof. At or before the Expiration Date, or the date terms of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)this Lease, and Tenant (iii) that the provisions of this Section 12(a) shall repair (to Landlord's reasonable satisfaction) any damage be subject to the Premises or the Property resulting from any installation and/or removal provisions of Tenant's PropertySection 18 below. Any other items of Tenant's Property that ’s property (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Datedate fixed for termination of this Lease, (except, in the event Tenant remains in possession of the Demised Premises at the termination of this Lease and subject to Paragraph 36(c)) or after a period of ten (10) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may, at Tenant’s expense, be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is and in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease Agreement (Secured Financial Network, Inc.)

Tenant’s Property. All movable non-structural partitions, ------------------ business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S Tenant's PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Data Call Technologies)

Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant’s sole risk, business and trade the Landlord and its partners, agents and employees (collectively, “Landlord Parties”) shall not be liable for any damage to or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever, nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, (unless and only to the extent caused solely by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofDemised Premises. At or before the Expiration Date, or the date No storage of any earlier termination, Tenant, at its expense, shall remove from kind will be allowed on the Premises all exterior of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; the Building or as Landlord shall have expressly permitted, in writing, to remain, which property shall become on the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to Common Areas serving the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Lease Agreement (Senseonics Holdings, Inc.)

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Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant's sole risk, business and trade the Landlord and its partners, agents and employees (collectively, "Landlord Parties") shall not be liable for any damage to or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever, nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, (unless and only to the extent caused by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofDemised Premises. At or before No storage of any kind will be allowed on the Expiration Dateexterior of the Building, or on the date of any earlier termination, Tenant, at its expense, shall remove from Common Areas serving the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Lease Agreement (Advancis Pharmaceutical Corp)

Tenant’s Property. 13.01. All movable non-structural partitionsfixtures, equipment, improvements, and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as required herein to be restored or hereinafter in this Article expressly provided. 13.02. All business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called "Tenant's Property"), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may shall be removed by Tenant it at any time during the Termterm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Tenant's trade fixtures shall include movable millwork, such as desks, workstations, and audio-visual equipment and telecommunications equipment, except any such removal shall be without permanent structural damage to the installation and/or removal thereofBuilding as described above. 13.03. At or before the Expiration Date, or the date of any an earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall restore the Demised Premises subject to the provisions of Section 3.02 and shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, described in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.Section 13.02

Appears in 1 contract

Samples: Sublease Agreement (I Many Inc)

Tenant’s Property. All movable non-structural partitionsIn the event of a default under this Lease, business Tenant shall not, under any circumstances, remove Tenant’s Property from the Demised Premises and trade fixturesLandlord may (but shall not be obligated to) keep Tenant’s Property in place (and require Tenant to return or replace Tenant’s Property to the extent Tenant removes same in violation of the terms of this Lease) and use, machinery and equipmentor permit another occupant of the Demised Premises, communications equipment and office equipment Building and/or Complex to use, Tenant’s Property during the remainder of the Lease Term (whether or not Landlord elects to terminate this Lease for such default) at no cost, expense or liability to Landlord or such occupant. If Tenant abandons the Demised Premises as defined in Section 12.7(a) above or otherwise defaults under this Lease, any property that are installed Tenant leaves within or related to the Demised Premises shall be deemed to have been abandoned and, without liability to Tenant, may be disposed of in the Premises bytrash or retained by Landlord as the property of Landlord or disposed of at public or private sale, or for placed at the account ofuse of another occupant in the Building or the Complex or any subsequent occupant in the Demised Premises, Tenant and without as Landlord sees fit in its sole discretion, all at no cost or expense to Landlord or such other person permitted to use all or a portion of Tenant’s Property hereunder, or Landlord may store Tenant’s Property at a location selected by Landlord in its sole discretion at Tenant’s sole cost and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles expense. The proceeds of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") any public or private sale of Tenant’s Property shall be applied by Landlord against (i) the expenses of Landlord for removal, storage or sale of the property; (ii) the arrears of Base Annual Rent, Additional Rent or other sums then or thereafter payable under this Lease; and shall remain the property of Tenant and (iii) any other damages to which Landlord may be removed by Tenant entitled hereunder. At Landlord’s option, at any time during the TermLease Term after default by Tenant, provided beyond the applicable notice and cure period, Landlord may require Tenant repairs or pays the cost of repairing any damage to the Premises or to the forthwith remove Tenant’s Property resulting from the installation and/or removal thereofDemised Premises. At or before If Tenant abandons the Expiration DateDemised Premises, or the date as defined above, Landlord may transfer any of any earlier termination, Tenant’s Property to creditors of Tenant, at on presentation of evidence of a claim valid on its expense, shall remove from the Premises all face of ownership or of a security interest in any of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, abandoned in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property 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 following an earlier termination date, may, at the option of Landlord, be deemed to have been abandonedBuilding, and in such case, such items Landlord may be retained recover any costs incurred by Landlord as its property or be disposed of by Landlordin doing so, in Landlord's sole and absolute discretion and all without accountability, at incurring any liability to Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Office Building Lease (TRX Inc/Ga)

Tenant’s Property. 14.01.1 All movable non-structural partitions, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, which are installed in the Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that which can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Premises, including retail inventory (collectively, the all of which are sometimes called "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the TermTerm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereof. At account of Tenant without expense to Landlord, shall not be considered Tenant's Property and shall be deemed the property of Landlord. 14.01.2 On or before the Expiration Date, or the date of any earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, to remain, which property writing with Landlord shall remain and become the property of Landlord)) shall be removed by Tenant, and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property Building resulting from any installation and/or removal of Tenant's Property. such removal. 14.01.3 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Premises after the Expiration Date, Date or following as promptly as practical after an earlier termination dateof this Lease, may, may at the option of Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, in such manner as Landlord may see fit at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Tenera Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Intest Corp)

Tenant’s Property. 13.01. All movable non-structural partitionsfixtures, equipment, improvements, and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether r not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 13.02. All business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all al furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called "Tenant's Property"), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the installation and/or removal thereofaccount of tenant, without expense to Landlord, and shall not be considered Tenant's Property. 13.03. At or before the Expiration Date, or the date of any an earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and, if requested by Landlord, all items of work done by or on behalf of Tenant after the Commencement Date shall be removed by Tenant and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of Tenant's Propertysuch removal. 13.04. Any other items of Tenant's Property that (except money, securities, and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandonedab ndoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, without accountability, in Landlord's sole and absolute discretion and without accountabilitysuch manner as Landlord may see fit, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Robotic Lasers Inc)

Tenant’s Property. All movable non-structural partitionsAny equipment, business and trade fixtures, machinery goods or other property of the Tenant, not removed by the Tenant upon the termination of this lease, or upon any quitting, vacating or abandonment of the premises by the Tenant, or upon the tenant's eviction, shall be considered as abandoned and equipmentthe Landlord shall have the right, communications equipment without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and office equipment that are installed shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 19th Remedies upon Tenant's Default: If there should occur any default on the part of the Tenant in the Premises byperformance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies therein contained or as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefore, or for damages, re-enter the account ofsaid premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, Tenant re-let the premises and without expense to Landlord receive the rents therefore and that can be removed without structural damage apply the same, first to the Propertypayment of such expenses, reasonable attorney fees and all furniturecosts, furnishings as the Landlord may have been put to in re-entering and other articles repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of movable personal property owned by the rents due hereunder. The Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and liable for such rents as may be removed in arrears and also the rents as may accrue subsequent to the re-entry by Tenant at any time the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the Termremainder of the unexpired term hereof, provided Tenant repairs or pays after deducting the cost of repairing any damage aforementioned expenses, fees and costs; the same to the Premises or to the Property resulting from the installation and/or removal thereofbe paid as such deficiencies arise and are ascertained each month. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.20th

Appears in 1 contract

Samples: Lease Agreement (Bedford Holdings Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and fixtures equipment, communications equipment improvements and office equipment that are installed in installations attached to, or built into, the Premises by, at the commencement of or for during the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") Term shall be and shall remain part of the Premises and be deemed the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage Landlord except if installed pursuant to the Premises or to terms hereof at the expense of Tenant (“Tenant’s Property”). Tenant may (provided that Tenant is not then in default beyond any applicable notice and grace periods hereunder), but shall not be required to, remove Tenant’s Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises during the term of this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove all or part of Tenant's ’s Property and any Alterations that constitutes Moveable Property (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become hereinafter defined) from the property of Landlord)Premises, and Tenant shall repair (to Landlord's reasonable satisfaction) repair, or shall reimburse Landlord upon demand for the cost of repairing, any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's PropertyBuilding occasioned by such removal. Any other items of Tenant's ’s Property that constitutes Moveable Property which shall remain in the Premises after the Expiration Datenot be removed as aforesaid, or following an earlier termination datemay be removed by Landlord at Tenant’s expense or, mayif not so removed, at the option of Landlord, shall be deemed to have been abandonedabandoned by Tenant. Moveable Property means all moveable furniture, equipment and in any other items, which are the property of Tenant and are not affixed to the Premises, excluding shelving. Tenant shall be allowed to use solely during the term of the Lease and any renewal thereof, any existing improvements and or equipment within the Premises (if any), including any Heating/Air Conditioning Units, sprinklers and smoke detectors (the “Existing Equipment”), provided it maintain and make all necessary repairs to such caseExisting Equipment, at its sole cost and expense, beyond the warranty for such items may (if any), which shall be retained newly installed by Landlord as its property or be disposed pursuant to Exhibit B. All such Existing Equipment shall remain part of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only and may not be removed by Tenant upon the express written direction expiration of Landlordthe Lease term.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Realty Capital New York Recovery Reit Inc)

Tenant’s Property. All movable non-structural partitions, business and Any trade fixtures, machinery signs and equipment, communications equipment and office equipment that are other personal property of Tenant installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage but not permanently affixed to the Property, Demised Premises by and all furniture, furnishings and other articles at the expense of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant, and Landlord agrees that Tenant shall have the right, provided Tenant is not in default after a notice and may be removed by Tenant cure period, if any, under the terms of this Lease, at any time and from time to time, to remove any and all of its trade fixtures, signs and other personal property which it may have stored or installed in the Demised Premises, including, without limitation, counters, restaurant kitchen equipment, shelving, showcases, mirrors and other movable personal property. Nothing in this Section contained shall be deemed or construed to permit Tenant during the TermTerm to remove so much of such personal property, provided Tenant repairs without the immediate replacement thereof with similar personal property of comparable or pays better quality, so as to render the cost Demised Premises unsuitable for conducting the type of repairing any damage to business specified in ARTICLE 1. Upon the Premises or to last day of the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, Term or the date of any earlier terminationtermination of this Lease, Tenant, at its expense, shall remove all of its movable trade fixtures, signs and personal property from the Demised Premises, shall repair any damage occasioned to the Demised Premises all by reason of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)removal, and Tenant shall repair (to Landlord's reasonable satisfaction) any damage leave the Demised Premises in a neat and clean condition, free of debris. All trade fixtures, signs and other personal property installed in or attached to the Demised Premises by Tenant must be new or the Property 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, like new when so installed or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordattached.

Appears in 1 contract

Samples: Shopping Center Lease (Cafe Odyssey Inc)

Tenant’s Property. All movable non-structural partitionsTenant shall, business during the entire Term, own (or lease, subject to this Master Lease) and trade fixturesmaintain (or cause its Subsidiaries to own (or lease, machinery subject to this Master Lease) and equipment, communications equipment maintain) on the Property adequate and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the sufficient Tenant’s Property, and shall maintain (or cause its Subsidiaries to maintain) all furnitureof such Tenant’s Property in good order, furnishings condition and repair, in all cases as Tenant deems reasonably necessary and appropriate in the good faith exercise of its reasonable commercial judgment for its operations. Tenant shall remove all of Tenant’s Property from the Property at the end of the Term (including all telecommunications cabling and any rooftop antennas or communications installations), except to the extent that Tenant has transferred ownership of such Tenant’s Property to an Unrelated Successor Tenant or Landlord. Tenant shall restore any and all damage from such removal. Without limiting the foregoing or any other articles rights or remedies of movable personal property owned Landlord, any Tenant’s Property left on the Property at the end of the Term whose ownership was not transferred to an Unrelated Successor Tenant or Landlord shall be deemed abandoned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), Landlord and Tenant shall repair (Landlord may thereafter cause such property to Landlord's reasonable satisfaction) be removed from the Property. The cost of removing and disposing of such property and repairing any damage to the Premises or any of the Property resulting from any installation and/or caused by such removal shall be borne by Tenant. For the avoidance of Tenant's Property. Any other items of Tenant's doubt, Xxxxxx’s Property that shall remain in the Premises after the Expiration Date, will not constitute Alterations or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordLeased Improvements.

Appears in 1 contract

Samples: Master Lease (First Seacoast Bancorp, Inc.)

Tenant’s Property. All movable non-structural partitionsNotwithstanding any provision in Section 13.1, business and trade fixturesall Equipment (as defined in this Lease), machinery and equipment, communications equipment and office equipment that are is installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage Landlord, including trade fixtures peculiar to the Propertybusiness conducted upon the Premises by the Tenant, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Termtime, in its sole discretion and at its own expense, provided that the Tenant repairs or pays the cost of repairing any damage to the Premises or caused by such removal so as to restore the Premises to as closely as practicable to the Property resulting from condition the Premises was in prior to the installation and/or removal thereofor location of such Tenant’s Property. The Tenant may create any mortgage, encumbrance, lien or charge on any such trade fixtures, machinery, equipment, furnishings, and other personal property that is owned by the Tenant or others and that is not a part of the leased Premises that is owned by the Landlord. At or before the Expiration Date, expiration of the Lease Term and all renewals or the date of any earlier termination, Tenantextensions, at its Tenant’s expense, Tenant shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or are expressly permitted under Section 22 of the Lease and as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. In the event Tenant desires to leave any of such Tenant’s Property on the premises upon the termination of this Lease, Tenant shall first obtain Landlord’s written permission to leave such Tenant’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Datedate of expiration of the Lease Term and all renewals or extensions, or following an earlier or later termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Mawson Infrastructure Group Inc.)

Tenant’s Property. 8.1 All movable non-structural fixtures, equipment, improvements and appurtenances which are affixed to the Building and/or to the Demised Premises by Tenant in such manner as to be part of the realty during the term of this lease (other than Tenant's Property, as defined in Section 8.3 hereof) shall be and remain a part of the Demised Premises and shall become the property of Landlord at the expiration of the term of this lease and thus shall not be removed by Tenant, except as hereinafter expressly provided. Tenant alone shall be entitled to take depreciation on all such fixtures, equipment, improvements and appurtenances during the term of this lease. 8.2 Tenant shall have the right, on notice to Landlord (and with the consent of Landlord in instances where the anticipated cost exceeds $50,000), to replace any Mechanical System in the Building on or after the Commencement Date where replacement thereof is reasonably required by Tenant for use and occupancy of the Demised Premises, provided that such replacement Mechanical System shall be at least equal in capacity and in quality to the original and further provided that Landlord's warranty as to such replacement Mechanical System shall cease as of the date of the replacement. Tenant alone shall be entitled to take depreciation on any such replacement Mechanical System during the term of this lease, but shall not be entitled to remove such Mechanical System upon the expiration or earlier termination of the term of this lease. 8.3 All counters, screens, grille work, cages, railings, partitions, paneling, other business and trade fixtures, machinery and equipment, communications equipment equipment, signs, computers and office equipment that amenities, whether or not attached to or built into the Building, which are located in the Building by Tenant on the Commencement Date or thereafter installed in the Premises by, Building by or for the account of, of Tenant or any subtenant of Tenant and without expense to Landlord and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant or a subtenant of Tenant and located in the Premises Building (collectively, the all of which are herein collectively called "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant or any such subtenant (and only Tenant or any such subtenant may take depreciation thereon), as the case may be, and may be installed or removed by Tenant at any time and from time to time during the Termterm of this lease, at the option of Tenant, provided that (i) such installation or removal is accomplished without damage to the Building, is conducted in accordance with all laws of public authorities, insurance requirements and terms of this lease, and (ii) Tenant repairs shall repair or pays shall pay the actual cost of repairing to repair any damage to the Premises or to the Property Building resulting from such installation or removal. Tenant's obligation pursuant to clause (ii) herein shall survive the installation and/or removal thereof. At expiration or before earlier termination of the Expiration Date, or the date term of any earlier termination, Tenant, at its expense, shall remove from the Premises all this lease. 8.4 Any of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; excluding money, securities or as Landlord shall have expressly permitted, in writing, to remain, like valuables) which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises Building in excess of five (5) business days after the Expiration Date, Date or following an earlier termination date, of this lease may, at the option of Landlord, be deemed to have been abandoned, abandoned and in such case, such items either may be retained by Landlord as its property or be disposed of by Landlordof, without accountability, in Landlord's sole and absolute discretion and without accountabilitysuch manner as Landlord may deem appropriate, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Rayovac Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's Xxxxxx’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's Xxxxxx’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Xxxxxx’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Property. 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 14.02 All paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without structural permanent damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the all of which are sometimes referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this lease; provided that if any of Tenant's Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from the installation and/or removal thereof. such removal. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of such removal. Tenant's Property. obligation herein shall survive the termination of the lease. 14.04 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense in such manner as Landlord may see fit. (a) For purposes of this lease, "Specialty Installation(s)" shall mean installations consisting of vaults, internal staircases and slab penetration, dumbwaiters, vertical (between floors of the Demised Premises) transportation systems, and other installations made by or at the direction of Tenant which penetrate the slabs between the floors of the Demised Premises. Upon the Expiration Date or sooner termination of this lease, Tenant shall, at its sole cost and expense. Notwithstanding , remove all Specialty Installation(s) from the foregoingDemised Premises and restore all slab and wall penetrations to the condition that existed prior to such penetrations (such removal and repair work being hereinafter referred to as the "Restoration Work") except that prior to commencing such Restoration Work, Tenant shall notify Landlord thereof and, if Tenant is in default under the terms Landlord shall advise Tenant, within five (5) days of this Leasereceipt of such notice, that it wishes any Specialty Installations to remain, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordshall not perform Restoration Work with respect to that particular Specialty Installation.

Appears in 1 contract

Samples: Lease Agreement (Ivillage Inc)

Tenant’s Property. 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 14.02 All paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectivelyDemised Premises, the all of which are sometimes referred to as "TENANT'S PROPERTYTenant's Property") , shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this lease; provided that if any of Tenant's Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord's expense shall not be deemed to have been installed by or for the installation and/or removal thereof. account of Tenant, without expense to Landlord, and shall not be considered Tenant's Property. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of such removal. Tenant's Propertyobligation herein shall survive the termination of the lease. Tenant shall not be required to remove pipes, wires and the like from the walls, ceilings or floors, provided that Tenant properly cuts, disconnects and caps such pipes and wires and seals them off, if necessary, in a safe and lawful manner. 14.04 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is expense in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease (Philipp Brothers Chemicals Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Premises or to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of TenantXxxxxx's Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense, together with an additional fifteen percent of such costs for Landlord's overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Instructivision Inc)

Tenant’s Property. Except as otherwise provided in Section 8.1(e) and this Section 8.6, all work, construction, repairs, Alterations, other improvements or installations made to or upon the Premises (including, but not limited to, the construction performed by Landlord or Tenant under Article 4 and Exhibit C), whether or not at the expense of Tenant, shall become part of the Premises and shall become the property of Landlord and remain upon and be surrendered with the Premises as a part thereof upon the Expiration Date or earlier termination of the Lease Term: (a) All movable non-structural personal property not permanently affixed to the Building, including moveable partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account ofof Tenant, Tenant at Tenant’s expense (and without expense any contribution to Landlord the cost thereof from Landlord) and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other moveable articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"all of which are herein referred to as “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant or any person claiming under Tenant at any time or times during the Lease Term and (with the exception of special cabinet work or property which is built into the Premises) shall be removed by Tenant at the expiration or earlier termination of the Lease Term, provided . Tenant repairs or pays the cost of repairing shall repair any damage to the Premises occasioned by the removal by Tenant or to the any person claiming under Tenant of any Tenant’s Property resulting from the installation and/or removal thereof. Premises, and in no event shall Tenant leave its telephone and data cabling and telecommunications systems lines in the Building or the Premises in a partially removed, damaged or inoperable condition. (b) At or before the Expiration DateDate or earlier termination of the Lease Term, unless otherwise agreed in writing by Landlord, or the date of any earlier terminationotherwise expressly provided in this Lease, Tenant, at its expense, Tenant shall remove from the Premises all any items of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted’s Work, in writingAlterations, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage additions and/or improvements made to the Premises with Landlord’s consent for which such removal was made a condition of such consent under Section 8.1 or Exhibit C. Upon such removal Tenant shall restore the Property resulting from Premises to substantially their condition prior to such Tenant’s Work, Alterations, additions and improvements and repair any installation and/or damage occasioned by such removal of Tenant's Property. and restoration. (c) Any other items of Tenant's ’s Property that shall (except money, securities and like valuables) which remain in on the Premises after the Expiration Date, Date or following an earlier termination date, of the Lease Term may, at the option of Landlord, be deemed to have been abandoned, abandoned and in such case, such items case may either be retained by Landlord as its property or may be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease Agreement (American Financial Realty Trust)

Tenant’s Property. All movable non-structural partitions(a) The Landlord, business and trade fixturesits agents, machinery and equipmentcontractors, communications equipment and office equipment that are installed in or employees, shall not be liable for any damage to properly of the Tenant or of others located on the Premises byor entrusted to its employees nor for the loss of any such property by theft or otherwise, and Landlord, its agents, contractors, or employees shall not be liable for the account of, Tenant and without expense to Landlord and that can be removed without structural any injury or damage to the Propertypersons or property resulting from fire, and all furnitureexplosion, furnishings and other articles of movable personal property owned by Tenant and located in falling plaster, steam, gas, electricity, wind, water, rain, snow or ice which may leak into the Premises (collectivelyfrom pipes, appliances or plumbing systems or from the "TENANT'S PROPERTY") street or from any other place, or from dampness or from any other cause whatsoever, unless caused by or due to the willful or negligent act or omission of the Landlord or its agents, contractors, or employees, or caused by a breach by Landlord of its obligations under this Lease. Except as otherwise provided in this Lease, all property of the Tenant or of others kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall remain hold the property Landlord harmless from any claims arising out of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to same. (b) If the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property Lease and vacates or abandons the Premises (or after 15 days from the termination or expiration of this Lease), any property that the Tenant leaves on the Premises only upon shall be deemed to have been abandoned and may either be retained by the express written direction Landlord as its own property or may be disposed of at public or private sale as the Landlord sees fit. Any property of the Tenant sold at public or private sale or retained by the Landlord shall have the proceeds of any such sale, or the then current fair market value of any property retained by the Landlord as reasonably determined by the Landlord, applied by the Landlord against (i) any expenses of the Landlord for removal, storage or sale of such property, (ii) any unpaid Base Rent or other amounts payable under this Lease and (iii) any damages or other amounts to which the Landlord may be entitled under this Lease. The balance of such amounts, if any, shall be paid to the Tenant at the address set forth herein for notices to the Tenant. The Landlord hereby waives any statutory lien or other security interest that it now or hereafter may have (unless affirmatively granted by the Tenant) in the goods, equipment and other personal property of the Tenant presently, or which may hereafter be, situated on the Premises.

Appears in 1 contract

Samples: Lease (Green Mountain Coffee Roasters Inc)

Tenant’s Property. All movable non-structural partitions, business ----------------- and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time tune during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Maxwell Shoe Co Inc)

Tenant’s Property. (a) All fixtures, equipment, improvements and appurtenances attached to or built into the Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as herein provided. (b) All paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and and, provided Tenant is not in default hereunder, may be removed by Tenant at any time anytime during the Termterm of this Lease; provided that if any of Tenant’s Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or removal thereof. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant’s Property and shall be deemed the property of Landlord. (c) At or before the Expiration Dateexpiration date, or the date of any earlier terminationtermination of this Lease, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, permitted to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property Building resulting from any installation and/or removal of Tenant's ’s Property. Any other items . (d) Tenant shall be responsible for ad valorem taxes on Tenant’s Property and on the value of Tenant's Property that shall remain the leasehold improvements in the Premises after to the Expiration Date, or following an earlier termination date, may, at extent the option of Landlord, be deemed to have been abandoned, and in such case, same exceed the standard allowances for such items may be retained provided by Landlord as its property to other tenants within the Office Complex on the date this Lease was executed. If the taxing authorities do not separately assess such excess value of Tenant’s leasehold improvements, Landlord may make a reasonable allocation of the ad valorem taxes attributable to the Office Complex to reflect such separate assessment and the ad valorem taxes attributable to such allocation shall be due and payable by Tenant to Landlord on or be disposed before fifteen (15) days prior to the due date of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordsuch ad valorem taxes.

Appears in 1 contract

Samples: Lease Agreement (Crescent Banking Co)

Tenant’s Property. 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 14.02 All panelling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the "TENANT'S PROPERTY"all of which are sometimes referred to as “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this lease; provided that if any of Tenant’s Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or o0.r to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord’s expense shall not be deemed to have been installed by or for the installation and/or removal thereof. account of Tenant, without expense to Landlord, and shall not be considered Tenant’s Property. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from such removal. Tenant’s obligation herein shall survive the termination of the lease. Notwithstanding the foregoing, Tenant shall have no obligation to remove any installation and/or removal of Tenant's Property. the initial improvements made to the Premises pursuant to Article 3 of this Lease. 14.04 Any other items of Tenant's ’s Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is ’s expense in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease Agreement (Hearst Argyle Television Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as Alterations that constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, failed to remainprovide written notice requiring removal, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"a) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall may, at any time and from time to time, install in and remove from the Premises all of Tenant's Property its trade fixtures, logos, trade names, equipment, movable partitions, walls and any Alterations wall systems (except such items thereof as constitute Landlord's Property; or as Landlord excluding the Virginia Panel Wall System which shall have expressly permitted, in writing, to remain, which property shall become remain the property of Landlord), furniture and furnishings and all of Tenant's other personal property, provided such installation or removal is accomplished without material damage to the Premises or the Building and Tenant promptly repairs any damage thereto. (b) Upon the expiration of this Lease, Tenant shall remove all of Tenant's personal property and trade fixtures and Tenant shall promptly repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from Building. If Tenant fails to remove any installation and/or removal personal property of Tenant's Property. Any other items Tenant that Tenant may remove upon the termination of Tenant's Property that shall remain in the Premises after the Expiration Datethis Lease, or following an earlier termination date, mayany such property not so removed shall, at Landlord's election, become the option property of Landlord, Landlord or be deemed to have been abandoned, and in such case, such items may be retained removed by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoingforegoing Tenant shall have no obligation to remove walls, wall systems, ceilings or floor coverings in the Premises. Notwithstanding anything in the Lease to the contrary, if Tenant is requested by Landlord in default under writing, Tenant, shall be responsible, at its sole cost and expense, for removing the terms internal stairwell between the thirteenth (13th) and fourteenth (14th) floors upon the completion or earlier termination of this Lease, Lease and Tenant may remove Tenant's Property from shall promptly restore such floor area to substantially the Premises only upon the express written direction same condition that existed prior to installation of Landlordsuch stairwell.

Appears in 1 contract

Samples: Office Lease (Helmerich & Payne Inc)

Tenant’s Property. Except as otherwise provided in this Section 8.6, all work, construction, repairs, Alterations, other improvements or installations made to or upon the Premises (including, but not limited to, the construction performed by Landlord or Tenant under Article 4 and Exhibit C), whether or not at the expense of Tenant, shall become part of the Premises and shall become the property of Landlord and remain upon and be surrendered with the Premises as a part thereof upon the Expiration Date or earlier termination of the Lease Term. (a) All movable non-structural personal property not permanently affixed to the Building, including moveable partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other moveable articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"all of which are herein referred to as “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant or any person claiming under Tenant at any time or times during the Lease Term and (with the exception of special cabinet work or property which is built into the Premises and custom-fitted furniture or cabinetry) shall be removed by Tenant at the expiration or earlier termination of the Lease Term, provided . Tenant repairs or pays the cost of repairing shall repair any damage to the Premises occasioned by the removal by Tenant or to the any person claiming under Tenant of any Tenant’s Property resulting from the installation and/or removal thereof. Premises. (b) At or before the Expiration DateDate or earlier termination of the Lease Term, or the date of any earlier terminationunless otherwise specified in writing by Landlord at least sixty (60) days prior thereto, Tenant, at its expense, Tenant shall remove from the Premises all of Tenant's Property and any Specialty Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage made to the Premises for which such removal was made a condition of such consent under Section 8.1 or Exhibit C. Upon such removal Tenant shall restore the Property resulting from Premises to their condition prior to installation of such Specialty Alterations and repair any installation and/or damage occasioned by such removal of Tenant's Property. and restoration. (c) Any other items of Tenant's ’s Property that shall (except money, securities and like valuables) which remain in on the Premises after the Expiration Date, Date or following an earlier termination date, of the Lease Term may, at the option of Landlord, be deemed to have been abandoned, abandoned and in such case, such items case may either be retained by Landlord as its property or may be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's ’s expense, in such manner as Landlord may see fit. (d) If at any time during the Lease Term, Tenant and the other Tenant Parties cease using any wiring or cabling installed by or on behalf of Tenant or any other Tenant Party in any portion of the Premises or in any other portions of the Building (other than a cessation that is temporary and where Tenant or another Tenant Party intends to resume using such wiring or cables within a reasonable period of time after such cessation or a cessation in connection with the occurrence of the Expiration Date), Tenant shall promptly give written notice to Landlord of such cessation and, subject to the applicable requirements of this Lease and only to the extent required by applicable Law, shall remove such unused wiring and cabling at Tenant’s sole cost and expense prior to the expiration or earlier termination of the Lease Term. In order for Landlord and Tenant to (i) identify any wiring or cabling installed by or on behalf of Tenant or any other Tenant Party in any portion of the Premises or in any other portions of the Building and/or (ii) trace the starting and terminating points of such wiring and cabling, Tenant shall cause such wiring and cabling to be labeled and tagged, when installed, with appropriate identification marks and shall maintain, during the Lease Term for all then existing wiring and cabling, “as installed” drawings containing a guide or key to such marks and showing the routing of such wiring and cabling. Upon Landlord’s request, Tenant shall provide to Landlord and Landlord’s representatives and contractors reasonable access to such “as installed” drawings for inspection and copying. Notwithstanding anything to the foregoingcontrary contained in this Lease, if Tenant is in default under shall not have any obligation, upon the terms expiration or earlier termination of this Lease, to remove any wiring or cabling installed by or on behalf of Tenant may remove Tenant's Property from in any portion of the Premises only upon or in any other portions of the express written direction Building and used by a Tenant Party, as long as Tenant has complied with the obligations set forth in this paragraph. Promptly after Tenant’s request, Landlord will provide Tenant with copies of any as-installed drawings that are in Landlord’s possession.

Appears in 1 contract

Samples: Office Lease (Epoch Holding Corp)

Tenant’s Property. All movable non-structural partitionsFurnishings, business trade fixtures and trade fixtures, machinery and moveable equipment, communications equipment and office equipment that are installed in if any, paid for by the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage not affixed to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Leased Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant ("Tenant's Property"). Any furnishings, trade fixtures and may moveable equipment paid for by Landlord shall be removed by Tenant's Property, if Tenant at any time during the Term, provided Tenant repairs or pays has reimbursed Landlord for the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereofsuch property. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms On expiration of this Lease, if there is then no Event of Default, Tenant may remove Tenant's Property and shall remove any such property if directed by Landlord. Tenant shall repair or reimburse Landlord for the cost of repairing any damage and disposal expense resulting from removal of Tenant's Property. If Tenant fails to remove such property as required under this Lease, Landlord may do so and Landlord shall not be liable for any loss or damage of Tenant's Property which may occur during Landlord's removal thereof. Tenant's Property attached to the Leased Premises and deemed by Landlord, in its sole discretion, to be a fixture shall be Landlord's Property, unless Landlord's written approval is obtained prior to attachment. Tenant hereby conveys to Landlord all of Tenant's Property as security for the payment of all sums due hereunder to Landlord. Tenant shall not remove Tenant's Property without the Landlord's consent until all payments due have first been paid and discharged. It is intended by the parties that this Lease shall have the effect of a mortgage or lien upon Tenant's Property. On expiration of this Lease, if there is an Event of Default, Landlord may take possession of Tenant's Property and either keep it for its own use or sell the same for the best price that can be obtained at public or private sale. Landlord shall use the proceeds from a sale to satisfy the amount due Landlord, including all costs arising from the Premises only upon sale and shall pay the express written direction surplus, if any, to Tenant. If Tenant's Property is offered at a public sale, Landlord may become the purchaser of Landlordit.

Appears in 1 contract

Samples: Lease (Renaissance Entertainment Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. In no event shall Tenant remove Landlord’s Property or any portion of Landlord’s Work. Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Datalink Corp)

Tenant’s Property. All movable non-structural partitions(a) The Landlord, business and trade fixturesits agents, machinery and equipmentcontractors, communications equipment and office equipment that are installed in or employees, shall not be liable for any damage to property of the Tenant or of others located on the Premises byor entrusted to its employees nor for the loss of any such property by theft or otherwise, and Landlord, its agents, contractors, or employees shall not be liable for the account of, Tenant and without expense to Landlord and that can be removed without structural any injury or damage to the Propertypersons or property resulting from fire,; explosion, and all furniturefalling plaster, furnishings and other articles of movable personal property owned by Tenant and located in steam, gas, electricity, wind, water, rain, snow or ice which may leak into the Premises (collectivelyfrom pipes, appliances or plumbing systems or from the "TENANT'S PROPERTY") street or from any other place, or from dampness or from any other cause whatsoever, unless caused by or due to the willful or negligent act or omission of the Landlord or its agents, contractors, or employees. All property of the Tenant or of others kept or stored on the Premises shall be so kept or stored at the risk of the Tenant only and the Tenant shall remain hold the property Landlord harmless from any claims arising out of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to same. (b) If the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property lease and vacates or abandons the Premises (or after 15 days from the termination or expiration of this lease), any property that the Tenant leaves on the Premises only upon shall be deemed to have been abandoned and may either be retained by the express written direction Landlord as its own property or may be disposed of at public or private sale as the Landlord sees fit. Any property of the Tenant sold at public or private sale or retained by the Landlord shall have the proceeds of any such sale, or the then current fair market value of any property retained by the Landlord as reasonably determined by the Landlord, applied by the Landlord against (i) any expenses of the Landlord for removal, storage or sale of such property, (ii) any unpaid Base Rent or other amounts payable under this lease and (iii) any damages or other amounts to which the Landlord may be entitled under this lease. The March 11, 1996 22 balance of such amounts, if any, shall be paid to the Tenant at the address set forth herein for notices to the Tenant. The Landlord hereby waives any statutory lien or other security interest that it now or hereafter may have (unless affirmatively granted by the Tenant) in the goods, equipment and other personal property of the Tenant presently, or which may hereafter be, situated on the Premises.

Appears in 1 contract

Samples: Lease Agreement (Ben & Jerrys Homemade Inc)

Tenant’s Property. 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided including, without limitation the items set forth in Schedule A annexed hereto and made a part hereof, regardless of whether paid for and/or installed by Landlord or Tenant ("LANDLORD'S PROPERTY"). 14.02 Except for Landlord's Property, all paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the all of which are sometimes referred to as "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from the installation and/or removal thereofsuch removal. No Landlord's Property, and no equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord's expense shall be considered Tenant's Property. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of such removal. Tenant's Property. obligation herein shall survive the termination of the lease. 14.04 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is expense in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease (Aveta Inc)

Tenant’s Property. 14.1 All fixtures, equipment, improvements, installations and appurtenances attached to or built into the Demised Premises at the commencement or during the term of the Lease, whether by Landlord at its own expense or at the expense of Tenant, or by Tenant at the expense of Landlord (including Tenant's Initial Alterations) shall be and remain a part Demised Premises and shall not be removed by Tenant, except as hereinafter in this Article 14 expressly provided. 14.2 All paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that which can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Demised Premises (collectivelyall of which are sometimes called "Tenant's Property"), the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of the Lease; provided that if any of Tenant's Property is removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant (including the installation and/or removal thereof. Tenant Improvement Allowance and Additional Tenant Improvement Allowance, if any) shall not be deemed to have been installed by or for the account of Tenant, without expense to Landlord, and shall not be removed by Tenant. 14.3 At or before the Expiration Date, or the date of any earlier terminationtermination of this Lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of Tenant's Property. such removal. 14.4 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of the Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, in such manner as Landlord may see fit at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.ARTICLE

Appears in 1 contract

Samples: Lease (Merit Behavioral Care Corp)

Tenant’s Property. (a) All movable nonstock-structural partitionsin-trade, business and trade fixturespersonal property, machinery and equipmentfurniture, communications furnishings, machinery, equipment and office equipment that are movable trade fixtures (not constituting Improvements) supplied by or installed in the Premises byby or on behalf of Tenant at Tenant's sole cost and expense, or for the account ofincluding Personal Property ("Tenant's Property"), Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from from (b) Tenant shall have the Premises only right, without obtaining Landlord's prior written consent, to enter into various leasing or other financing arrangements with respect to such Tenant's Property ("Equipment Financing"), whether such Equipment Financing is in the form of conditional sale contract, chattel mortgage, lease or other like security interest. Neither the Landlord nor any party claiming by, through or under Landlord shall have any lien for the performance of any obligations of Tenant upon any Tenant's Property and Landlord, for itself and any party claiming by, through or under Landlord, hereby expressly waives the provisions of any Law giving to it such a lien. Landlord agrees, if requested by or on behalf of any lender to which Tenant shall grant a security interest in the Tenant's Property or any lessor of Tenant's Property in connection with such Equipment Financing (collectively, the "Equipment Lessor"), to promptly execute, acknowledge and deliver such waivers or other instruments reasonably required by Tenant and/or the Equipment Lessor to confirm that Landlord: (i) has waived any such lien, (ii) agrees that the Equipment Lessor shall have the right to enter upon the express written direction Private Parcel for the purposes of removing Tenant's Property, and (iii) shall not hinder or delay such removal, provided that Tenant or the Equipment Lessor shall agree to (A) repair any damage to the Improvements caused by such removal, and (B) otherwise comply with the terms of this Lease in connection with such removal. Landlord shall use all commercially reasonable efforts to require the holder of any mortgage affecting Landlord's interest in the Private Parcel to agree to do likewise (or in lieu thereof deliver a non-disturbance agreement containing appropriate provision therefor). Anything herein to the contrary notwithstanding, the existence or continuance of any such security interest in connection with Tenant's Property shall not be deemed a Tenant Default hereunder.

Appears in 1 contract

Samples: Parcel Lease (Premier Parks Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. At or before the Expiration Date, or the date of any earlier termination, Tenant shall remove any Alterations which Landlord required, at the time of granting of Landlord's consent under this Lease, to be removed, or if such consent was not required under this Lease, which Landlord did not expressly in writing permit to remain within thirty (30) days after a written request by Tenant to Landlord for such determination. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Industrial Building Lease (Protarga Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Building Lease (Datalink Corp)

Tenant’s Property. All movable non-structural partitions, business and ------------ ----------------- trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the hereinafter collectively referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the TermTerm of this Lease. Tenant's Property shall be deemed to include Tenant's machinery which is bolted or otherwise affixed to the floor or the ceiling of the Premises, provided and any wiring related thereto. In the event Tenant's Property is so removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or or removal thereof. At Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant's Property and shall be deemed the property of Landlord. On or before the Expiration Date, or the date of any earlier terminationtermination hereof, or within five (5) days after such earlier termination date, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, permitted to remain, which property shall become the property of Landlord), and . Tenant shall repair (pay prior to Landlord's reasonable satisfaction) delinquency any damage and all taxes or fees levied upon or with respect to the Premises or the Property 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 following an earlier termination date, may, at the option any of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordit.

Appears in 1 contract

Samples: Office Building Lease (Four Media Co)

Tenant’s Property. Except as otherwise provided in this Section 8.6, all work, construction, repairs, Alterations, other improvements or installations made to or upon the Premises (including, but not limited to, the construction performed by Landlord or Tenant under Article 4 and Exhibit C), whether or not at the expense of Tenant, shall become part of the Premises and shall become the property of Landlord upon the Expiration Date or earlier termination of the Lease Term, and remain upon and be surrendered with the Premises as a part thereof upon the Expiration Date or earlier termination of the Lease Term: (a) All movable non-structural personal property not permanently affixed to the Building, including moveable partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account ofof Tenant, Tenant at Tenant’s expense and without expense to Landlord and that can be removed without structural more than de minimis damage to the PropertyBuilding, and all furniture, furnishings and other moveable articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"all of which are herein referred to as “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant or any person claiming under Tenant at any time or times during the Lease Term and (with the exception of special cabinet work or property which is built into the Premises and custom-fitted furniture or cabinetry) shall be removed by Tenant at the expiration or earlier termination of the Lease Term, provided . Tenant repairs or pays the cost of repairing shall repair any damage to the Premises caused by the removal by Tenant or to the any person claiming under Tenant of any Tenant’s Property resulting from the installation and/or removal thereof. Premises. (b) At or before the Expiration DateDate or earlier termination of the Lease Term, or the date of any earlier terminationunless otherwise specified in writing by Landlord, Tenant, at its expense, Tenant shall remove from the Premises all of Tenant's Property and any Specialty Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage made to the Premises for which such removal was made a condition of such consent under Section 8.1 or Exhibit C. Upon such removal Tenant shall restore the Property resulting from Premises to their condition prior to installation of such Specialty Alterations and repair any installation and/or damage caused by such removal of Tenant's Property. and restoration. (c) Any other items of Tenant's ’s Property that shall (except money, securities and like valuables) which remain in on the Premises after the Expiration Date, Date or following an earlier termination date, of the Lease Term may, at the option of Landlord, be deemed to have been abandoned, abandoned and in such case, such items case may either be retained by Landlord as its property or may be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding , in such manner as Landlord may see fit. (d) If at any time during the foregoingLease Term, if Tenant ceases using any wiring or cabling installed by or on behalf of Tenant in any portion of the Premises or in any other portions of the Building (other than a cessation that is in default under temporary and where Tenant intends to resume using such wiring or cables within a reasonable period of time after such cessation), Tenant shall promptly give written notice to Landlord of such cessation and, subject to the terms applicable requirements of this Lease, shall promptly remove such unused wiring and cabling at Tenant’s sole cost and expense. In order for Landlord and Tenant may remove Tenant's Property from to (i) identify any wiring or cabling installed by or on behalf of Tenant in any portion of the Premises only or in any other portions of the Building and/or (ii) trace the starting and terminating points of such wiring and cabling, Tenant shall cause such wiring and cabling to be labeled and tagged, when installed, with appropriate identification marks and shall maintain, during the Lease Term for all then existing wiring and cabling, “as installed” drawings containing a guide or key to such marks and showing the routing of such wiring and cabling. Upon Landlord’s request, Tenant shall provide to Landlord and Landlord’s representatives and contractors reasonable access to such “as installed” drawings for inspection and copying. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not have any obligation, upon the express written direction expiration or earlier termination of Landlordthis Lease, to remove any wiring or cabling installed by or on behalf of Tenant in any portion of the Premises or in any other portions of the Building, as long as Tenant has complied with the obligations set forth in this paragraph.

Appears in 1 contract

Samples: Lease Agreement (Cowen Group, Inc.)

Tenant’s Property. All movable non-structural partitionsA. Furnishings, business fixtures and trade fixturesequipment installed by Tenant shall be the property of Tenant, machinery and equipmentsubject to Section 23 below. Upon termination of this Lease, communications equipment and office equipment that are installed if Tenant is not in the Premises by, or for the account ofdefault, Tenant and without expense may remove any such property, and, regardless of default, Tenant shall remove any property if so directed by Landlord. If Tenant fails to Landlord and that can be removed without structural damage to remove such property by the Propertydate of termination or expiration of the Lease, and all furniture, furnishings and other articles of movable the remaining personal property owned by and fixtures of Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the deemed abandoned. Thereafter, Landlord may remove such property of Tenant and Landlord shall not be liable for any loss or damage to such property, which may occur during Landlord's removal thereof. Tenant shall be removed liable for all expenses incurred by Landlord by removal, storage, sale and/or disposal of Tenant's personal property and fixtures and agrees to indemnify and hold harmless Landlord from all such expenses. At the termination or expiration of the Lease, Tenant at any time during shall repair the TermLeased Premises to the same condition as when the Lease Term commenced, provided Tenant repairs ordinary wear and tear excepted, or pays reimburse Landlord for the cost of so repairing the Leased Premises. B. Tenant shall be liable for and shall pay before delinquency all taxes levied against any damage to personal property or fixtures placed by Tenant in or about the Premises Building or to the Leased Premises. If any such taxes on Tenant's personal property or fixtures are levied against Landlord or Landlord's property or if the assessed value of the Project is increased by the inclusion therein of a value placed upon personal property or fixtures of Tenant, Tenant shall, upon demand, reimburse Landlord for the amount of the taxes levied against Landlord or Landlord's Property resulting from such increase in the installation and/or removal thereofassessment. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountabilityright, at Tenant's sole cost and expense. Notwithstanding , to bring suit to recover the foregoingamount of any such taxes paid under protest, if and any amount recovered to the extent previously paid by Tenant is in default under the terms of this Lease, Tenant may remove shall belong to Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Deed of Lease (Geerlings & Wade Inc)

Tenant’s Property. 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this lease, whether or not by or at the expense of Tenant, shall be and remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided. 14.02 All paneling, movable non-structural partitions, lighting fixtures, special cabinet work, other business and trade fixtures, machinery and equipment, card key readers, communications equipment and office equipment that equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by, by or for the account ofof Tenant, Tenant and without expense to Landlord Landlord, and that can be removed without permanent structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises Demised Premises, (collectively, the all of which are sometimes referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant it at any time during the Termterm of this lease; provided that if any of Tenant's Property is removed, provided Tenant repairs or pays any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Property Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord's expense shall not be deemed to have been installed by or for the installation and/or removal thereof. account of Tenant, without expense to Landlord, and shall not be considered Tenant's Property. 14.03 At or before the Expiration Date, or the date of any earlier terminationtermination of this lease, Tenantor as promptly as practicable after such an earlier termination date, Tenant at its expense, shall remove from the Demised Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord Tenant shall have expressly permitted, agreed in writing, writing with Landlord were to remain, which property shall remain and to become the property of Landlord), and Tenant shall fully repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property Building resulting from any installation and/or removal of such removal. Tenant's Property. obligation herein shall survive the termination of the lease. 14.04 Any other items of Tenant's Property that (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Date, Date or after a period of fifteen (15) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoingexpense in such manner as Landlord may see fit. (a) For purposes of this lease, "Specialty Installation(s)" shall mean installations consisting of vaults and slab penetrations, if Tenant is in default under any, made by or at the terms direction of Tenant. Upon the Expiration Date or sooner termination of this Leaselease, Tenant may shall, at its sole cost and expense, remove all Specialty Installation(s) from the Demised Premises and restore all slab penetrations to the condition that existed prior to such penetrations (such removal and repair work being hereinafter referred to as the "Restoration Work") except that prior to commencing such Restoration Work, Tenant shall notify Landlord thereof and, if Landlord shall advise Tenant, within five (5) days of receipt of such notice, that it wishes any Specialty Installations to remain, Tenant shall not perform Restoration Work with respect to that particular Specialty Alteration. In no event shall Tenant be obligated to remove the executive lavatory presently existing in the Demised Premises. (b) Tenant's Property from obligation and liability with respect to the Premises only upon removal of Specialty Installation(s) and the express written direction performance of Landlordthe Restoration Work shall survive the Expiration Date or sooner expiration or termination of this lease.

Appears in 1 contract

Samples: Lease (Atalanta Sosnoff Capital Corp /De/)

Tenant’s Property. All Except as otherwise provided in this Section 8.6, all work, construction, repairs, Alterations, other improvements or installations made to or upon the Premises (including, but not limited to, the construction performed by Landlord or Tenant under Article 4 and Exhibit C), whether or not at the expense of Tenant, shall become part of the Premises and shall become the property of Landlord and remain upon and be surrendered with the Premises as a part thereof upon the Expiration Date or earlier termination of the Lease Term: (a) Tenant’s movable non-structural business equipment and movable partitions, business telephone and other communications equipment, laboratory equipment, computer systems, furniture, trade fixtures, machinery furnishings, goods, supplies, wares, merchandise and equipmentother items of personal property (excluding Lab Systems, communications equipment property which is built into the Premises and office equipment that are installed custom-fitted furniture or cabinetry) and personal property of third parties in the Premises byin Tenant’s care, custody, use or control, including but not limited to leased or rented property, in each case paid for without any contribution to the account ofcost thereof from Landlord, Tenant and which are removable without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises or Building (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant (or such third parties) and may be removed by Tenant or any person claiming under Tenant at any time or times during the Lease Term and shall be removed by Tenant at the expiration or earlier termination of the Lease Term, provided . Tenant repairs or pays the cost of repairing shall repair any damage to the Premises occasioned by the removal by Tenant or to the any person claiming under Tenant of any Tenant’s Property resulting from the installation and/or removal thereof. Premises. (b) At or before the Expiration DateDate or earlier termination of the Lease Term, or the date of any earlier terminationunless otherwise specified in writing by Landlord, Tenant, at its expense, Tenant shall remove from the Premises all of Tenant's Property and any Specialty Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage made to the Premises for which such removal was made a condition of such consent under Section 8.1 or Exhibit C. Upon such removal Tenant shall restore the Property resulting from Premises to their condition prior to installation of such Specialty Alterations and repair any installation and/or damage occasioned by such removal of Tenant's Property. and restoration. (c) Any other items of Tenant's ’s Property that shall which remain in on the Premises after the Expiration Date, Date or following an earlier termination date, of the Lease Term may, at the option of Landlord, be deemed to have been abandoned, abandoned and in such case, such items case may either be retained by Landlord as its property or may be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease (Protara Therapeutics, Inc.)

Tenant’s Property. All movable non-structural partitions, unattached business and trade fixtures, machinery machinery, and equipment, computer and communications equipment, and other equipment and office equipment that are installed in the Building or on the Premises by, by or for the account of, of Tenant and without expense to Landlord Port and that which can be removed without structural damage to the PropertyBuilding or Premises, and all furniture, furnishings (excluding window coverings) and other articles of movable personal property owned by Tenant and located in the Building or on the Premises (collectively, the "TENANT'S PROPERTY"herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Lease Term; provided, provided that if any of Tenant’s Property is removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or removal thereof. At Tenant shall also remove prior to the expiration or before earlier termination of the Expiration Date, or the date of any earlier termination, TenantLease Term, at its Tenant’s sole cost and expense, shall remove from all telephone, computer and other electronic wiring and cabling installed within the Premises and/or Building, provided, however, Tenant shall leave behind all conduits in which such wires and cabling is located. If Tenant fails to remove such wiring and cabling prior to the expiration or earlier termination of Tenant's Property the Lease, Port may remove such wires and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), cables and Tenant shall repair pay the cost of such removal within ten (to Landlord's reasonable satisfaction10) any damage to the Premises or the Property resulting from any installation and/or removal days after delivery of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expensea statement therefor. Notwithstanding the foregoing, if Tenant is Port may impose its statutory landlord lien rights against the Tenant’s Property in the event of a default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. 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 Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property 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 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 Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense, together with an additional twenty one (21%) percent of such costs for Landlord's overhead and profit. Notwithstanding the foregoing, if after an Event of Default Tenant vacates the Premises or is in default under the terms dispossessed of this Leasepossession thereof, Tenant may thereafter remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Eyetech Pharmaceuticals Inc)

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