Common use of Title to Improvements Clause in Contracts

Title to Improvements. Lessor hereby grants to Lessee, without warranty express or implied, all right, title, or interest that Lessor may have in the Improvements. The Improvements shall be and remain the property of Lessee during the Lease Term provided, however, that Lessee shall have no right to destroy, demolish or remove the Improvements except as specifically provided for in this Lease or as approved in writing by Lessor. When the Lease Term expires or, when the Lease is otherwise terminated under the terms of this Lease, title to the Improvements shall revert to and vest in Lessor without cost to Lessor. It is the intent of the Parties that this Lease and Memorandum of Lease shall create a constructive notice of severance of the Improvements from the Property and without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee by the Lessee for the term of this Lease. At the request of Lessor, and at the end of the Lease Term or when the Lease is otherwise terminated, Lessee agrees to execute a confirmatory quitclaim deed for the Improvements to Lessor to be recorded at Lessor’s option and expense and any other documents that may be reasonably required by Lessor or Lessor’s title company to provide Lessor title to the Property and the Improvements free and clear of Lessee’s leasehold interest in the Land, ownership interest in the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on the Land and any and all additions thereto, substitutions therefor, fixtures therein and other property relating thereto shall be deducted or credited exclusively to Lessee during the Lease Term and for the tax years during which the Lease Term begins and ends.

Title to Improvements. As between Lessor hereby grants to and Lessee, without warranty express or implied, all right, title, or interest that Lessor may have in the Improvements. The legal and beneficial title to Improvements shall be and remain in Lessee and/or the property Unit Owners, as the case may be, until the expiration of Lessee during the Lease Term providedTerm, however, that Lessee shall have no right to destroy, demolish or remove the Improvements except as specifically provided for in unless this Lease or as approved in writing by Lessor. When the Lease Term expires or, when the Ground Lease is otherwise terminated under the terms of this Leasesooner as provided. Upon such expiration or sooner termination, title to the Improvements shall revert automatically pass to, vest in, and belong to and vest in Lessor without further action on the part of either party and without cost or charge to Lessor. It is During the intent Term, Xxxxxx (and following the assignment of the Parties that this Ground Lease and Memorandum the establishment of the condominium regime, the Unit Owners) shall be entitled for all taxation purposes to claim cost recovery deductions and the like on the Improvements. Notwithstanding anything to the contrary set forth in this Lease, Lessee (and following the assignment of the Ground Lease and the establishment of the condominium regime, the Unit Owners) is and shall create a constructive notice be deemed to be the sole owner of severance (i) legal and beneficial title to the Improvements; and (ii) all attachments, appliances, equipment, machinery and other articles used in connection with the Property or the Improvements (the “Personal Property”); and Lessee (and following the assignment of the Ground Lease and the establishment of the condominium regime, the Unit Owners) shall be the sole party entitled to all of the tax attributes of ownership of the Improvements from the and Personal Property and without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee by the Lessee for during the term of this Lease. At Lease including, without limitation, the request of Lessor, right to claim deductions for depreciation or cost recovery thereof and at the end right to claim any low-income housing tax credits described in Section 42 of the Lease Term or when Internal Revenue Code, as amended (the Lease is otherwise terminated, Lessee agrees “IRC”) and the right to execute a confirmatory quitclaim deed for the Improvements amortize capital costs and to Lessor to be recorded at Lessor’s option and expense and claim any other documents that may be reasonably required by Lessor or Lessor’s title company to provide Lessor title federal tax benefits attributable to the Property and the Improvements free and clear of Lessee’s leasehold interest in the Land, ownership interest in the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on the Land and any and all additions thereto, substitutions therefor, fixtures therein and other property relating thereto shall be deducted or credited exclusively to Lessee during the Lease Term and for the tax years during which the Lease Term begins and endsProject.

Title to Improvements. Lessor hereby grants to Lessee, without warranty express or implied, all It is understood and agreed by the parties that the Lessee shall have the right, titleduring the term of this Lease Agreement, to erect structures and install Lessee’s equipment in or interest that Lessor may have upon the premises, which structures and Lessee’s equipment so placed in the Improvements. The Improvements or upon or attached to said premises shall be and remain the property of the Lesseer and may be removed therefrom by the Lesseer, at Lessee’s sole expense, at any time prior to any termination or expiration of the Agreement, so long as the Lessee during has the Lease Term written approval of the Lessor; provided, however, that no structures may be erected upon the premises until and unless the design and proposed location thereof have been approved by the Lessor; provided, further, the Lessee shall, upon the removal of said structures and Lessee’s equipment, or any part thereof, promptly repair any damage to the premises resulting from the installation or removal of said structures and equipment. The Lessee shall have no right to destroy, demolish or not remove the Improvements except as specifically provided Lessor’s kitchen equipment from the premises at any time, unless the Lessee is required by the Lessor to remove said Lessor kitchen equipment for in this Lease replacement by Lessee, due to Lessee’s abuse or as approved in writing by not complying with the scheduled maintenance requirements and semi-annual verification reports to the Lessor. When the Lease Term expires or, when the Lease is otherwise terminated under the terms of this Lease, title to the Improvements shall revert to and vest in Any Lessor without cost to Lessor. It is the intent of the Parties that this Lease and Memorandum of Lease shall create a constructive notice of severance of the Improvements from the Property and without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee kitchen equipment replaced by the Lessee for shall remain the term property of the Lessee. All structures/fixture and equipment of the Lessee placed in or upon or attached to the premises shall be at the sole risk of the Lessee. Nothing herein contained, however, shall be construed to confer any right upon the Lessee to construct, operate or maintain any structure/fixture without compliance with requirements of the Commonwealth of Kentucky. The Lessee’s equipment not removed from the premises within sixty (60) days after any termination or expiration of this Lease. At Lease Agreement shall become the request of Lessor, and at the end property of the Lease Term or when the Lease is otherwise terminated, Lessee agrees to execute a confirmatory quitclaim deed for the Improvements to Lessor to dispose of as it determines to be recorded at Lessor’s option and expense and any other documents that may be reasonably required by Lessor or Lessor’s title company to provide Lessor title to the Property and the Improvements free and clear of Lessee’s leasehold interest in the Land, ownership interest in of the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on the Land and any and all additions thereto, substitutions therefor, fixtures therein and other property relating thereto shall be deducted or credited exclusively to Lessee during the Lease Term and for the tax years during which the Lease Term begins and ends.

Title to Improvements. The Lessee acknowledges that Lessor hereby grants to Lessee, without warranty express or implied, all right, titleis the owner of any structures and improvements now, or interest that hereafter erected upon the Premises, excepting the manufactured home, portable shed, portable garage or similar portable structure owned by the Lessee and placed on the Premises. All improvements which constitute the construction, erection or placing of any structure on the Premises must have the prior written approval of the Lessor may have in which shall not be unreasonably withheld. All permanently affixed structures placed on the Improvements. The Improvements Premises by the Lessee at Xxxxxx’s sole cost shall be and remain the property of owned by Lessee during the Lease Term providedterm hereof, howeverbut upon the expiration of the term, that Lessee or any extension thereof, same shall have no right to destroy, demolish or remove the Improvements except as specifically provided for in this Lease or as approved in writing by Lessor. When the Lease Term expires or, when the Lease is otherwise terminated under the terms of this Lease, title to the Improvements shall revert to and vest in Lessor without cost belong to Lessor. It is Lessee alone shall be entitled to deduct all depreciation on Xxxxxx’s income tax returns for all such improvements. Upon the intent expiration or earlier termination of the Parties that Term of this Lease and Memorandum of Lease shall create a constructive notice of severance of the Improvements from the Property and without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee by lease, the Lessee for shall surrender the term of this LeasePremises in good condition and repair, reasonable wear and tear excluded. At Lessee shall leave the request of LessorPremises in a safe condition by covering, and enclosing or securing the Premises so as to prevent the Premises from becoming a hazard or nuisance to the general public. Lessee shall cap all utilities at the end of property line and properly locate same. Notwithstanding the Lease Term or when the Lease is otherwise terminatedabove, Lessee Xxxxxx agrees to execute a confirmatory quitclaim deed for restore the Improvements Premises to Lessor to be recorded at Lessor’s option and expense and any other documents that may be reasonably required its former condition if requested by Lessor or Lessor’s title company to provide Lessor title to the Property and the Improvements free and clear of Lessee’s leasehold interest in the Land, ownership interest in the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on the Land and any and all additions thereto, substitutions therefor, fixtures therein and other property relating thereto shall be deducted or credited exclusively to Lessee during the Lease Term and for the tax years during which the Lease Term begins and endsXxxxxx.

Title to Improvements. Lessor hereby grants 6.4.1 Except to Lesseethe extent otherwise expressly provided herein, without warranty express upon the completion of construction of each Permitted Alteration or impliedMajor Improvement, all rightsuch Permitted Alteration or Major Improvement shall automatically be deemed included within the Premises for purposes of this Lease. Title to nonseverable Improvements, titleImprovements required by law or the insurance required to be maintained hereunder, improvements financed by Landlord or interest that Lessor may have in the Improvements. The Improvements replacing existing Improvements shall be vest with Landlord when made and title to any other improvements shall remain the property of Lessee in Tenant during the Lease Term providedof this Lease. Notwithstanding the foregoing, howevertitle to all portions of Permitted Alterations or Major Improvements which constitute Excluded Fixtures shall remain in Tenant during the Term of this Lease. 6.4.2 Notwithstanding the foregoing, that Lessee shall have no right to destroy, demolish or remove the Improvements except as specifically provided for in upon any termination of this Lease or as approved in writing by Lessor. When termination of Tenant’s right of possession of the Lease Term expires orPremises, when the Lease is otherwise terminated under the terms possession of this Lease, and title to the Improvements shall revert not previously vested in Landlord, in the condition in which Tenant is obliged to and vest in Lessor without cost maintain the Improvements pursuant to Lessor. It is the intent provisions of the Parties that this Lease and Memorandum of Lease shall create a constructive notice of severance of the Improvements title to any Excluded Fixtures which Landlord has not requested be removed from the Property Premises and which Tenant has elected not to so remove, shall automatically pass to, vest in and belong to Landlord without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee by the Lessee for the term of this Lease. At the request of Lessor, and at the end of the Lease Term or when the Lease is otherwise terminated, Lessee agrees to execute a confirmatory quitclaim deed for the Improvements to Lessor to be recorded at Lessor’s option and expense and any other documents that may be reasonably required by Lessor or Lessor’s title company to provide Lessor title to the Property and the Improvements free and clear of Lessee’s leasehold interest in the Land, ownership interest in the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located further action on the Land and any and all additions theretopart of either party, substitutions therefor, fixtures therein and other property relating thereto shall be deducted without cost or credited exclusively charge to Lessee during the Lease Term and for the tax years during which the Lease Term begins and endsLandlord.

Title to Improvements. Lessor hereby grants Landlord and Tenant agree and acknowledge that all Improvements, other than Pre-Existing Improvements, were either constructed by Landlord as agent for and for the account of Tenant or by or through Tenant for Tenant's own account in accordance with the Plans and Specifications in anticipation of the Lease. Title to Lesseeall Improvements, without warranty express including any and all Improvements constructed on the Premises prior to or implied, all right, title, after the Commencement Date by or interest that Lessor may have through Landlord as agent for Tenant or by or through Tenant in accordance with the Improvements. The Improvements shall be Plans and remain the property of Lessee during the Lease Term provided, however, that Lessee shall have no right to destroy, demolish or remove the Improvements except as specifically provided for Specifications in this Lease or as approved in writing by Lessor. When the Lease Term expires or, when the Lease is otherwise terminated under the terms anticipation of this Lease, were, are and shall be deemed vested in, and such Improvements belonged, belong and shall be deemed to belong to and were, are and shall be deemed to be owned by Tenant for all purposes including, without limitation, income tax purposes. Subject to Section 9.2 and unless Tenant shall purchase and become the owner of the fee simple title to the Improvements shall revert Premises ,including without limitation pursuant to and vest in Lessor without cost to Lessor. It is the intent of the Parties that this Lease and Memorandum of Lease shall create a constructive notice of severance of the Improvements from the Property and without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee by the Lessee for the term Section 2.5 or Section 2.6 of this Lease. At , any Improvements remaining on the request of Lessor, and Premises at the end of the Lease Term or when the end of Tenant's right to remain in possession of the Premises (as a result of rights available to Tenant as contemplated under Section 20.17 hereof), whichever occurs later, shall then become the property of Landlord, and Landlord shall thereupon be entitled to possession thereof. Except as otherwise provided in Section 9.2, nothing in this Lease is otherwise terminatedshall require or shall be construed to mean that, Lessee agrees as between Landlord and Tenant, Tenant has any obligation to execute a confirmatory quitclaim deed for the cause any Improvements to Lessor to be recorded at Lessor’s option and expense and any other documents that may be reasonably required by Lessor or Lessor’s title company to provide Lessor title to the Property and the Improvements free and clear of Lessee’s leasehold interest in the Land, ownership interest in the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on the Land and any and all additions thereto, substitutions therefor, fixtures therein and other property relating thereto shall be deducted or credited exclusively to Lessee during Premises at the Lease Term and for end of the tax years during which the Lease Term begins and endsTerm.

Title to Improvements. Lessor hereby grants to LesseeUpon the Closing, without warranty express or impliedand during the Term, all right, title, or interest that Lessor may have in the Improvements. The Improvements on the Land shall be and remain the property of Lessee during the Lease Term Lessee; provided, however, that Lessee shall have no right to destroy, demolish or remove the Improvements except as specifically provided for in this Lease or as approved in writing by Lessor. When the Lease Term expires or, when the Lease is otherwise terminated under the terms of this Lease, title to the Improvements shall revert to and vest in Lessor without cost to Lessor. It is the intent of the Parties that this Lease and Memorandum of Lease shall create a constructive notice of severance of the Improvements from the Property Land. Lessor and without Xxxxxx acknowledge that, pursuant to the necessity terms of the a deed from purchase and sale agreement for the Lessee's acquisition of the Improvements (the "Purchase Agreement"), Lessor shall convey the Improvements to LesseeLessee by the Grant Deed as described in the Purchase Agreement. The In accordance with the terms of the Purchase Agreement, upon Closing, the Improvements shall be and remain real property and shall be owned in fee by the Lessee for the term of this LeaseTerm, subject to the Lessor's reversionary interest set forth above. At Xxxxxx agrees to execute, at the request of Lessor, and Lessor at the end of the Lease Term or when the Lease is otherwise terminatedupon earlier surrender or termination of this Lease, Lessee agrees to execute a confirmatory quitclaim deed for of the Improvements to Lessor to be recorded at Lessor’s option and Xxxxxx's expense and any other documents that may be reasonably required by Lessor or Lessor’s 's title company to provide Lessor title to the Property Leased Premises and the Improvements free and clear of Lessee’s leasehold interest in the Land, ownership interest in the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on the Land and any and all additions thereto, substitutions therefor, fixtures therein and other property relating thereto shall be deducted or credited exclusively to Lessee during the Lease Term and for the tax years during which the Lease Term begins and endsXxxxxx.

Title to Improvements. Lessor hereby grants to Lessee, without warranty express or implied, all right, title, or interest that Lessor may have The leasehold estate created in the Improvements. The Improvements favor of BNPPLC by this Ground Lease shall be and remain the property of Lessee during the Lease Term provided, however, that Lessee shall have no right to destroy, demolish or remove the Improvements except as specifically provided for in this Lease or as approved in writing by Lessor. When the Lease Term expires or, when the Lease is otherwise terminated under the terms of this Lease, title to the Improvements shall revert extend to and vest in Lessor without cost include the rights to Lessoruse and enjoy any and all Improvements of whatever nature at any time and from time to time located on the Land. It is the intent of the Parties that this Lease and Memorandum of Lease shall create a constructive notice of severance of the Improvements from the Property and without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee by the Lessee for Thus, throughout the term of this Ground Lease. At , BNPPLC and its sublessees, assignees, licensees and concessionaires shall be entitled to use and enjoy such Improvements—to the request exclusion of LessorSpecialty Laboratories as the lessor hereunder, and at but subject to Specialty Laboratories' rights under the end Operative Documents (including the Lease) so long as they remain in effect—as if the lessee hereunder was the owner of the Improvements. Further, although all interest in any Improvements which remain on the Land when this Ground Lease Term expires or when the Lease is otherwise terminated, Lessee agrees terminated shall revert to execute a confirmatory quitclaim deed for the Improvements Specialty Laboratories (and BNPPLC shall cause all such interest that reverts to Lessor Specialty Laboratories to be recorded at Lessor’s option and expense and any other documents that may be reasonably required by Lessor or Lessor’s title company to provide Lessor title to the Property and the Improvements free and clear of Lessee’s leasehold interest any Liens Removable by BNPPLC, to the extent the same was caused by BNPPLC), it is also understood and agreed that the lessee hereunder may at any time and from time to time—after Specialty Laboratories ceases to have possession of the Leased Property pursuant to the Construction Management Agreement or as tenant under the Lease and prior to the expiration or termination of this Ground Lease—remove all or any Improvements from the Land without the consent of Specialty Laboratories and without any obligation to Specialty Laboratories or its Affiliates to provide compensation or to construct other Improvements on or about the Land. Any Improvements removed as provided in the Land, ownership interest in the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on preceding sentence shall be considered severed from the Land and any and all additions thereto, substitutions therefor, fixtures therein and other thereupon become personal property relating thereto shall be deducted or credited exclusively to Lessee during of the Lease Term and for the tax years during which the Lease Term begins and endslessee hereunder.

Title to Improvements. Lessor hereby grants a. It is specifically understood that (i) the implementation of the Improvements is an undertaking of the Authority and not an undertaking of the Department, (ii) title to Lesseethe Facilities, including, without warranty express or impliedlimitation, all rightadditions, titlealterations and improvements thereto or replacements thereof and all appurtenant fixtures, or interest that Lessor may have machinery and equipment installed by the Authority shall be, during the term of this Agreement and as long as the Bonds are outstanding, in the Improvements. The Improvements shall be Authority, and remain (iii) upon the property of Lessee during the Lease Term provided, however, that Lessee shall have no right to destroy, demolish expiration or remove the Improvements except as specifically provided for in this Lease or as approved in writing by Lessor. When the Lease Term expires or, when the Lease is otherwise terminated under the terms termination of this LeaseAgreement and the Payment of the Bonds, title to the Improvements Facilities, together with all additions, alterations and improvements thereto or replacements thereof and all appurtenant fixtures, machinery and equipment installed or placed therein, shall revert to and automatically vest in Lessor without cost the Department. Notwithstanding anything in the foregoing to Lessor. It is the intent of contrary, the Parties that this Lease and Memorandum of Lease Department shall create a constructive notice of severance of have the Improvements from the Property and without the necessity of a deed from Lessor to Lessee. The Improvements shall be and remain real property and shall be owned in fee by the Lessee for right at any time during the term of this Lease. At Agreement to acquire the request of Lessor, and at Facilities from the end Authority for a purchase price equal to the sum necessary to make the Payment of the Lease Term or when the Lease is otherwise terminated, Lessee agrees to execute a confirmatory quitclaim deed for the Improvements to Lessor to be recorded at Lessor’s option and expense and any other documents that may be reasonably required by Lessor or Lessor’s title company to provide Lessor Bonds. The provisions contained in this Paragraph 8 regarding (x) title to the Property Facilities upon the termination of this Agreement and the Improvements free Payment of the Bonds, and clear (y) the right of Lesseethe Department to acquire the Facilities, shall not be applicable if a mortgagee or purchaser at a foreclosure sale shall acquire the Leasehold Estate of the Authority in accordance with the provisions of Paragraph 20(f) of the EH Lease. b. Nothing contained in this Agreement shall be construed as authorizing the Authority to encumber the Department’s fee or reversionary rights with respect to the Property in any manner. The Department’s fee and reversionary interest with respect to the Property shall not be subordinated or otherwise made subject to any deed of trust, mortgage or other lien or encumbrance granted, suffered or permitted by the Authority with respect to the Authority’s leasehold interest in the Land, ownership interest Property except as provided in this Agreement and the Improvements and all monetary liens and monetary encumbrances not caused or expressly agreed to by Lessor. Lessor acknowledges and agrees that any and all depreciation, amortization and tax credits for federal or state tax purposes relating to the Improvements located on the Land and any and all additions thereto, substitutions therefor, fixtures therein and other property relating thereto shall be deducted or credited exclusively to Lessee during the Lease Term and for the tax years during which the Lease Term begins and endsEH Lease.