Common use of Tenant's Trade Fixtures Clause in Contracts

Tenant's Trade Fixtures. All trade fixtures, signs and apparatus (as distinguished from leasehold improvements) owned by Tenant and installed in the Premises ("Tenant Personal Property") shall remain the property of Tenant and shall be removable at any time, including upon the expiration or sooner termination of this Lease; provided Tenant shall not at such time be in default of any terms or covenants of this Lease; and provided further that Tenant shall promptly repair any damage to the Premises caused by the removal of any Tenant Personal Property. If Tenant is in default, Landlord shall have the benefit of any applicable lien on Tenant Personal Property located in or on the Premises as may be permitted under the laws of the State of Nevada, and in the event such lien is asserted by Landlord in accordance with applicable law, Tenant shall not remove or permit the removal of such Tenant Personal Property until the lien has been removed and all defaults have been cured. Any Tenant Personal Property not removed from the Premises by Tenant upon the expiration or sooner termination of this Lease may be construed by Landlord as abandoned by Tenant. Alternatively, Landlord may order Tenant to remove such Tenant Personal Property or have it removed at Tenant's expense. Tenant shall have the right, without Landlord's consent, to finance any Tenant Personal Property and to grant security interests therein to secure such financing. Upon request, Landlord shall subordinate any Landlord's lien on any Tenant Personal Property under this Section 6.3 to any such security interest, and Landlord agrees, upon request, to confirm such subordination in writing in a commercially reasonable form requested by Tenant and/or Tenant's lender, within fifteen (15) days after Landlord's receipt of such form.

Tenant's Trade Fixtures. All trade fixtures, signs and apparatus (as distinguished from leasehold improvementsa) owned by Tenant and installed in the Premises ("Tenant Personal Property") shall remain the property Installation of Tenant and shall be removable at any time, including upon the expiration or sooner termination of this Lease; provided Tenant shall not at such time be in default of any terms or covenants of this Lease; and provided further that Tenant shall promptly repair any damage to the Premises caused by the removal of any Tenant Personal Property. If Tenant is in default, Landlord shall have the benefit of any applicable lien on Tenant Personal Property located in or on the Premises as may be permitted under the laws of the State of Nevada, and in the event such lien is asserted by Landlord in accordance with applicable law, Tenant shall not remove or permit the removal of such Tenant Personal Property until the lien has been removed and all defaults have been cured. Any Tenant Personal Property not removed from the Premises by Tenant upon the expiration or sooner termination of this Lease may be construed by Landlord as abandoned by Tenant. Alternatively, Landlord may order Tenant to remove such Tenant Personal Property or have it removed at Tenant's expenseTrade Fixtures. Tenant shall have the right, without Landlord's consentfrom time to time, throughout the Term of the Lease to finance any Tenant Personal Property install within the Leased Premises and to grant security interests therein attach thereto any trade fixtures, equipment or other property ("Tenant Fixtures") whether owned by Tenant or by any subtenant, assignee, licensee or concessionaire of Tenant or leased by Tenant from another party ("Equipment Lessor"), deemed necessary by Tenant for the operation of its business within the Leased Premises. All Tenant Fixtures installed in or attached to secure such financing. Upon requestthe Leased Premises by Tenant shall remain the property of Tenant, Landlord shall subordinate or of any subtenant, assignee, licensee or concessionaire of Tenant, or of any Equipment Lessor; provided, however, that fixtures or equipment that are in replacement of any Landlord's lien on Improvements shall not be deemed Tenant Fixtures but shall be deemed the property of Landlord and shall not be leased from another party. Tenant shall have the right from time to time during the Term of this Lease or at the expiration thereof either to leave any Tenant Personal Property under this Section 6.3 Fixtures which it caused to be attached to or located on the Leased Premises or to remove such Tenant Fixtures. In the event of such removal, Tenant agrees at its own cost and expense to repair any damage caused to the Leased Premises by such security interestremoval (including the patching of holes in ceilings, floors, floor coverings and Landlord agreeswalls resulting from such removal and the capping or otherwise sealing utility lines in accordance with applicable codes in such fashion that they can be reconnected to replacement equipment and fixtures, upon requestin accordance with industry standards); however, Tenant shall not be obligated to confirm such subordination in writing in a commercially reasonable form requested restore the Leased Premises to its original condition. Any Tenant Fixtures so left by Tenant and/or Tenant's lender, within fifteen (15) days after Landlord's receipt at the end of such formthe Term shall be deemed abandoned and become the property of the Landlord without payment or offset.

Tenant's Trade Fixtures. (a) All Fixtures and trade fixtures in the Premises shall be new, or if not new, in first class condition and of good appearance. So long as the Tenant is not in default hereunder, at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises, but shall make good any damage caused to the Premises resulting from the installation or removal thereof, provided that all Leasehold Improvements shall remain upon and be surrendered to the Landlord with the Premises, except to the extent the Landlord requires removal thereof pursuant to this Lease. (b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof pursuant to this Lease. (c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term due to a default on the part of the Tenant, then in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof pursuant to this Lease, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord. (d) Notwithstanding that any trade fixtures, signs and apparatus (as distinguished from leasehold improvements) owned by Tenant and installed in the Premises ("Tenant Personal Property") shall remain furnishings, alterations, additions or Fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall be removable at any time, including upon the expiration or sooner termination of this Lease; provided Tenant shall not at such time be in default of any terms or covenants of this Lease; and provided further that Tenant shall promptly repair make good any damage caused to the Premises caused resulting from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the removal Tenant. (e) If, after receipt of a notice from the Landlord, the Tenant fails to promptly remove any Tenant Personal Property. If Tenant is in defaulttrade fixtures, Landlord shall have the benefit of any applicable lien on Tenant Personal Property located in or on the Premises as may be permitted under the laws of the State of Nevadafurnishings, alterations, additions and in the event such lien is asserted by Landlord Fixtures in accordance with applicable lawsuch notice, Tenant shall not then the Landlord may enter the Premises and remove all or permit the removal part of such Tenant Personal Property until trade fixtures, furnishings, alterations, additions and Fixtures without any liability and at the lien has been removed and all defaults have been cured. Any Tenant Personal Property not removed from the Premises by Tenant upon the expiration or sooner termination of this Lease may be construed by Landlord as abandoned by Tenant. Alternatively, Landlord may order Tenant to remove such Tenant Personal Property or have it removed at Tenant's ’s expense. Tenant shall have the right, without Landlord's consent, to finance any Tenant Personal Property and to grant security interests therein to secure such financing. Upon request, Landlord shall subordinate any Landlord's lien on any Tenant Personal Property under this Section 6.3 to any such security interest, and Landlord agrees, upon request, to confirm such subordination in writing in a commercially reasonable form requested by Tenant and/or Tenant's lender, within fifteen (15) days after Landlord's receipt of such form.

Tenant's Trade Fixtures. All It is expressly understood and agreed that during the Lease Term and until the expiration or termination thereof, any and all improvements (whether denominated alterations or additions, and whether of a capital or non-capital nature) constructed by Tenant on the Premises, and including all signs, fixtures, trade fixtures, signs machinery, fencing, furniture, appliances, and apparatus (as distinguished from leasehold improvements) owned equipment erected or installed by Tenant and installed in Tenant, whether or not attached to the Premises ("Tenant Personal Property") Premises, shall remain the property of Tenant and shall may be removable removed by Tenant at any time, including upon or before the expiration or sooner earlier termination of this Lease; , including the period of any “holding over,” provided Tenant repairs all damage in a good and workmanlike manner which may be caused by any such removal. Tenant shall notify Landlord of any such property which Tenant intends to abandon and leave with the Premises at the termination of the Lease and shall obtain Landlord’s consent to do so, which consent shall not at such time be in default of any terms unreasonably withheld, delayed or covenants of this Lease; and provided further conditioned (it being agreed, however, that Tenant shall promptly repair any damage to the Premises caused by the removal of any Tenant Personal Property. If Tenant is in default, Landlord shall have the benefit of any applicable lien on Tenant Personal Property located in or on the Premises as may be permitted under the laws of the State of Nevada, and withhold its consent in the event that such lien is asserted by abandonment may cause Landlord in accordance to incur any expense whatsoever), at least sixty (60) days prior to the Expiration Date. Any such property not removed prior to the end of this Lease with applicable lawLandlord’s consent shall become the property of Landlord. In the event that Tenant does not receive Landlord’s consent to abandon any such property at the Premises, Tenant shall not remain obligated and agrees to remove or permit the removal of such Tenant Personal Property until the lien has been removed and all defaults have been cured. Any Tenant Personal Property not removed from same promptly after vacating the Premises at the direction of Landlord, and to repair all damage caused by such removal notwithstanding the expiration of the Lease Term. Unless Landlord has explicitly waived its right in connection with its approval of any structural change or addition to the Building and structures and systems of the Premises requested by Tenant upon the expiration or sooner termination of this Lease may be construed by Landlord as abandoned by Tenant. Alternativelyprovided hereinabove, Landlord may order require Tenant to remove restore the Premises to their condition before such Tenant Personal Property change or have it removed at Tenant's expense. Tenant shall have the rightaddition, without Landlord's consent, to finance any Tenant Personal Property normal wear and to grant security interests therein to secure such financing. Upon request, Landlord shall subordinate any Landlord's lien on any Tenant Personal Property under this Section 6.3 to any such security interesttear excepted, and Landlord agreesshall not be deemed to have unreasonably withheld its consent to any structural change or addition, upon requestin the event Tenant should refuse to acknowledge its obligation to restore the Premises in connection with its request for Landlord’s approval. Landlord shall nevertheless be deemed to have irrevocably agreed to allow Tenant to vacate the Premises without restoring any structural changes made with Landlord’s written consent, or otherwise completed prior to confirm such subordination in writing in a commercially reasonable form requested by Tenant and/or Tenant's lender, within fifteen (15) days after Landlord's receipt of such formthe Rental Commencement Date.

Tenant's Trade Fixtures. (a) All Fixtures and trade fixtures in the Premises shall be new, or if not new, in first class condition and of good appearance. So long as the Tenant is not in default hereunder, at the expiration of the Term, the Tenant shall then have the right to remove its trade fixtures from the Premises, but shall make good any damage caused to the Premises resulting from the installation or removal thereof, provided that all Leasehold Improvements shall remain upon and be surrendered to the Landlord with the Premises, except to the extent the Landlord requires removal thereof pursuant to this Lease; (b) If the Tenant fails to remove its trade fixtures and restore the Premises as aforesaid, all such trade fixtures shall become the property of the Landlord except to the extent that the Landlord continues to require removal thereof pursuant to this Lease; (c) Should the Tenant abandon the Premises or should this Lease be terminated before the proper expiration of the Term, due to a default on the part of the Tenant, then in such event, as of the moment of default by the Tenant, all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) shall, except to the extent the Landlord requires the removal thereof pursuant to this Lease, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as additional liquidated damages in respect of such default but without prejudice to any other right or remedy of the Landlord; (d) Notwithstanding that any trade fixtures, signs and apparatus (as distinguished from leasehold improvements) owned by Tenant and installed in the Premises ("Tenant Personal Property") shall remain furnishings, alterations, additions or Fixtures are or may become the property of the Landlord, the Tenant shall forthwith remove all or part of the same and shall be removable at any time, including upon the expiration or sooner termination of this Lease; provided Tenant shall not at such time be in default of any terms or covenants of this Lease; and provided further that Tenant shall promptly repair make good any damage caused to the Premises caused result from the installation or removal thereof, all at the Tenant’s expense, should the Landlord so require by notice to the removal Tenant; and (e) If, after receipt of a notice from the Landlord, the Tenant fails to promptly remove any Tenant Personal Property. If Tenant is in defaulttrade fixtures, Landlord shall have the benefit of any applicable lien on Tenant Personal Property located in or on the Premises as may be permitted under the laws of the State of Nevadafurnishings, alterations, additions and in the event such lien is asserted by Landlord Fixtures in accordance with applicable lawsuch notice, Tenant shall not then the Landlord may enter the Premises and remove all or permit the removal part of such Tenant Personal Property until trade fixtures, furnishings, alterations, additions and Fixtures without any liability and at the lien has been removed and all defaults have been cured. Any Tenant Personal Property not removed from the Premises by Tenant upon the expiration or sooner termination of this Lease may be construed by Landlord as abandoned by Tenant. Alternatively, Landlord may order Tenant to remove such Tenant Personal Property or have it removed at Tenant's ’s expense. Tenant shall have the right, without Landlord's consent, to finance any Tenant Personal Property and to grant security interests therein to secure such financing. Upon request, Landlord shall subordinate any Landlord's lien on any Tenant Personal Property under this Section 6.3 to any such security interest, and Landlord agrees, upon request, to confirm such subordination in writing in a commercially reasonable form requested by Tenant and/or Tenant's lender, within fifteen (15) days after Landlord's receipt of such form.