Trade Fixtures. Tenant may install trade fixtures, machinery or other trade equipment in conformance with the ordinances of all applicable duly constituted public authorities. Tenant may remove any of such trade fixtures or machinery upon the termination of this Lease. In the event that Tenant installs improvements, machinery or trade fixtures, or makes any alterations, Tenant shall, at Landlord’s option, return the Premises on termination of this Lease to substantially the same condition as existed on the Commencement Date, reasonable wear and tear and damage caused by casualty and condemnation excepted, including the removal of improvements or alterations approved by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by Landlord, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. Tenant shall have the absolute right before the end of the Term to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the Premises.
Appears in 3 contracts
Samples: Lease Agreement (BioMed Realty Trust Inc), Lease Agreement (BioMed Realty Trust Inc), Lease Agreement (Human Genome Sciences Inc)
Trade Fixtures. Tenant may install trade fixtures, machinery or other trade equipment in conformance with the ordinances of all applicable duly constituted public authorities. Tenant may remove any of such trade fixtures or machinery upon the termination of this Lease. In the event that Tenant installs improvements, machinery or trade fixtures, or makes any alterations, Tenant shall, at Landlord’s option, return the Premises on termination of this Lease to substantially the same condition as existed on the Commencement Date, reasonable wear and tear and damage caused by casualty and condemnation excepted, including the removal of improvements or alterations approved by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by Landlord, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. Tenant shall have the absolute right before the end of the Term to repair or remove any Tenant owned equipment or machinery from the PremisesPremises (other than the Tenant Leased Equipment, provided, however, that Tenant may from time to time move Tenant Leased Equipment to Tenant’s other facilities in Mxxxxxxxxx County, Maryland so long as (i) Tenant replaces such Tenant Leased Equipment with a comparable item of equal quality and quantity as existed as of the time of such removal) and (ii) Tenant promptly provides Landlord written notice of the new location of the Tenant Leased Equipment. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the PremisesPremises at or before the end of the Lease Term.
Appears in 3 contracts
Samples: Lease Agreement (Human Genome Sciences Inc), Lease Agreement (BioMed Realty Trust Inc), Lease Agreement (BioMed Realty Trust Inc)
Trade Fixtures. Tenant may install 10.1 It is agreed that the trade fixtures, machinery machinery, equipment and office furnishings installed by Tenant in the leased premises shall be and remain personal property even though they may be attached to the leased premises, and may be removed by Tenant. Tenant shall repair or cause to be repaired any damage to the leased premises caused by the aforesaid removals.
10.2 Except as otherwise expressly provided in this lease, any trade fixtures, machinery, equipment, office furnishings or other trade equipment in conformance with property of the ordinances of all applicable duly constituted public authorities. Tenant, including property remaining within the leased premises which Tenant may is entitled to remove any of such trade fixtures or machinery upon the termination of this LeaseLease Agreement or upon any quitting, vacating or abandonment of the premises by the Tenant, shall be removed from the leased premises prior to the expiration or termination of the leased term. In If Tenant shall fail to remove the event that Tenant installs improvementssame prior to the expiration or termination of the lease, machinery or Landlord, at Tenant's sole cost and expense, shall be permitted to remove and store the said trade fixtures, machinery, equipment, office furnishings or makes any alterationsother property of the Tenant, and, after thirty days written notice advising Tenant shall, at Landlord’s option, return the Premises on termination of this Lease to substantially where the same condition as existed on the Commencement Date, reasonable wear have been stored and tear and damage caused by casualty and condemnation excepted, including requesting the removal of improvements all such property by Tenant, and the failure of Tenant to so remove all of such property, the same shall be considered abandoned and the Landlord shall have the right thereafter, without any further notice to Tenant, to retain, sell or alterations approved otherwise dispose of the same, and Landlord shall not be accountable to Tenant for any part of the proceeds of any sale which may be made by the landlord nor shall the Landlord be accountable to the Tenant for any such equipment and/or property that shall be retained by the Landlord. Tenant shall be liable for and shall reimburse Landlord for any reasonable expenses or damages incurred by Landlord in Section 6.1; provided, however, if such improvements removing and/or storing any abandoned equipment or alterations were approved by Landlord, Tenant shall only be required other property to remove such improvements the extent that said expenses are not recovered through the sale or alterations if Landlord’s approval was conditioned upon Tenant’s disposition of said equipment or property.
10.3 All installation and removal of such improvements or alterations. In Tenant's fixtures, property and equipment shall be done in accordance with all applicable laws and ordinances and the event Landlord’s approval is not required, Tenant may provide written notice to Landlord rules and regulations of such improvement or alteration all governmental boards and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. Tenant shall have the absolute right before the end of the Term to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the Premisesbodies having jurisdiction.
Appears in 2 contracts
Samples: Lease Agreement (Arc Communications Inc), Lease Agreement (Mti Technology Corp)
Trade Fixtures. Trade Fixtures" shall mean any and all Signs (hereinafter defined) placed by Tenant in, upon or about the Leased Premises pursuant to provisions hereof and any and all items of property used by Tenant in, upon or about the Leased Premises for the carrying on of its business and which may install trade or may not be annexed to the Site by the Tenant but in any event can be removed without material injury to the Leased Premises, including but not limited to furniture, equipment, shelves, bins and machinery; provided, however, that the term Trade Fixtures shall not include any permanent leasehold improvements, including but not limited to any floor, wall or ceiling coverings, any interior walls or partitions, any lighting fixtures, machinery track lights or other trade equipment any property a part of or associated with any electrical, plumbing or mechanical system, notwithstanding that the same may have been installed in, upon or about the Leased Premises. Notwithstanding anything in conformance this Article XI to the contrary, Tenant, at its own cost and expense, may erect such Trade Fixtures as it desires provided that (a) such Trade Fixtures do not alter the basic character of the Leased Premises, (b) such Trade Fixtures do not overload or damage the Leased Premises, (c) such items may be removed without injury to the Leased Premises, and (d) the construction, erection or installation thereof complies with the ordinances of all applicable duly constituted public authoritiesLegal Requirements and with Landlord's specifications and requirements. Tenant may shall have the right to remove any of such trade fixtures or machinery upon at the termination of this Lease. In the event that Tenant installs improvements, machinery or trade fixtures, or makes any alterations, Tenant shall, at Landlord’s option, return the Premises on termination expiration of this Lease such Trade Fixtures owned by Tenant and so installed (other than replacements for any such items originally installed by Landlord), provided Tenant is not in default under this Lease and such removal is made within five (5) days after the termination or expiration of the Lease; provided, however, Tenant shall promptly repair any damage caused by such removal and restore the Leased Premises to substantially the same condition as existed on the Commencement Dateits original condition, reasonable wear and tear excepted. Any Trade Fixtures which are not removed from the Leased Premises and damage caused by casualty and condemnation excepted, including the removal of improvements or alterations approved those which are removed by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by pursuant to Landlord, Tenant shall only be required 's right to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant do so shall, in any eventat Landlord's option, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. Tenant shall have the absolute right before the end of the Term to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the Premisesbecome Landlord's property.
Appears in 2 contracts
Samples: Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)
Trade Fixtures. Trade Fixtures" shall mean any and all items of property placed by Tenant in the Leased Premises and used by Tenant in, upon or about the Leased Premises for the carrying on of its business and which may install trade or may not be annexed to the realty by the Tenant, but in any event can be removed without material injury to the Leased Premises, including but not limited to signs, furniture, equipment, shelves, steel storage racking, telecommunication equipment, computer systems, bins and machinery; provided, however, that the term Trade Fixtures shall not include any permanent leasehold improvements, including but not limited to any floor, wall or ceiling coverings, any interior walls or partitions, any lighting fixtures, machinery track lights or other trade equipment any property which is a part of or associated with any electrical, plumbing or mechanical system, notwithstanding that the same may have been installed in, upon or about the Leased Premises. Notwithstanding anything in conformance this Article V to the contrary, Tenant, at its own cost and expense, may erect such Trade Fixtures on the Leased Premises as it desires provided that (a) such Trade Fixtures do not alter the basic character of the Leased Premises, (b) such Trade Fixtures do not overload or damage the Leased Premises, (c) such items may be removed without injury to the Leased Premises, and (d) the construction, erection or installation thereof complies with the ordinances of all applicable duly constituted public authoritiesLegal Requirements and with Landlord's specifications and requirements. Tenant may shall have the right to remove any of such trade fixtures or machinery upon at the termination or expiration of this Lease such Trade Fixtures owned by Tenant and so installed (other than replacements for any such items originally installed by Landlord), provided Tenant is not in default under this Lease and such removal is made within five (5) days after the termination or expiration of this Lease. In the event that Tenant installs improvements; provided, machinery or trade fixtures, or makes any alterationshowever, Tenant shall, at Landlord’s option, return shall repair any damage caused by such removal and restore the Leased Premises on termination of this Lease to substantially the same condition as existed on the Commencement Dateits original condition, reasonable wear and tear and damage caused by casualty and condemnation excepted, including subject to the removal provisions of improvements or alterations approved by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by Landlord, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. Tenant shall have the absolute right before the end of the Term to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the PremisesArticle VI.
Appears in 1 contract
Trade Fixtures. Tenant may install trade fixtures, machinery or other trade equipment in conformance with the ordinances of all applicable duly constituted public authorities. Tenant may remove any of such All trade fixtures or machinery upon the termination of this Lease. In the event that and equipment installed by Tenant installs improvements, machinery or trade fixtures, or makes any alterations, Tenant shall, at Landlord’s option, return in the Premises on termination of this Lease to substantially the same condition as existed on the Commencement Date, reasonable wear and tear and damage caused by casualty and condemnation excepted, including the removal of improvements shall be new or alterations approved by Landlord completely reconditioned or in Section 6.1; provided, however, if such improvements or alterations were approved by Landlordgood useable condition. Provided Tenant is not in default hereunder, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In have the event Landlord’s approval is not requiredright, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. , to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold which it may have stored in or installed in the Premises including, but not limited to, counters, shelving, showcases, chairs, and movable machinery purchased or provided by Tenant shalland which are susceptible of being moved without damage to the building, in any eventand the Premises, provided this right is exercised before the Lease is terminated and provided that Tenant, at its own cost and expense, shall repair any damage resulting to the Premises caused thereby. The right granted Tenant in this Article 8.5 shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor-coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold. The Premises and the immediate areas in front, behind and adjacent to it shall be left in the same condition as it was at Lease commencement and with all Landlord improvements, if any, reasonable wear and tear excepted and in a broom-clean condition. Should Tenant fail to comply with this provision, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith and Landlord may deduct the cost of thereof from the removal of machinery or Tenant's Security Deposit. If Tenant shall fail to remove its trade fixtures or other property at the termination of this Lease, such fixtures and other property not removed by Tenant and shall be deemed abandoned by Tenant, and, at the option of Landlord, shall become the property of Landlord. Tenant shall have the absolute right before the end All of the Term foregoing is subject to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the PremisesArticles 11.2 and 12.2 of this Lease.
Appears in 1 contract
Samples: Lease Agreement
Trade Fixtures. Tenant may shall have the right, at any time and from time to time during the Lease Term, at Tenant’s sole cost and expense, to install and affix in, to, or on the Leased Premises trade fixtures, machinery equipment or personal property necessary or appropriate for Tenant’s trade or business (collectively, “Trade Fixtures”). Trade Fixtures or any other trade equipment installed in conformance with but not affixed to the ordinances Leased Premises by Tenant shall remain the property of all applicable duly constituted public authorities. Tenant and may remove be removed at the expiration of the Lease Term, provided that any damage to the Leased Premises caused by the removal of such trade fixtures Trade Fixtures or machinery upon equipment shall be repaired by Tenant, and further provided that Landlord shall have the termination of this Lease. In right, but not the event obligation, to keep any Trade Fixtures or equipment that Tenant installs improvementsotherwise elects to abandon. Any Trade Fixtures that are not removed from the Leased Premises by Tenant within ten (10) business days after the Expiration Date or earlier termination date, machinery or trade fixtures, or makes any alterations, shall be deemed abandoned by Tenant shall, at and shall automatically become the property of Landlord as the owner of the real property to which they are affixed. At Landlord’s option, return Landlord may cause any such Trade Fixtures remaining in the Leased Premises on for any period of time after the Expiration Date or earlier termination of this Lease to substantially the same condition as existed on the Commencement Date, reasonable wear and tear and damage caused by casualty and condemnation excepted, including the removal of improvements or alterations approved by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by Landlord, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required date to be removed from the Leased Premises and stored in a public warehouse or elsewhere at the termination expense and for the account of this Lease. Tenant shalland, if not removed by Tenant within 30 days thereafter, disposed of in any event, repair any damage resulting from accordance with the removal provisions of machinery or trade fixtures of applicable law at Tenant’s expense. Tenant shall have reimburse Landlord as Rent promptly upon demand for all such costs (plus a supervisory fee in the absolute right before the end amount of the Term to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the Premisesten percent of such costs).
Appears in 1 contract
Samples: Lease (Marvel Entertainment, Inc.)
Trade Fixtures. Tenant may install trade fixtures, machinery or other trade equipment in conformance with the ordinances of all applicable duly constituted public authorities. Subject to the terms of this Section 6.3, Tenant may remove any of such trade fixtures or machinery upon the termination of this Lease. In the event that Tenant installs improvements, machinery or trade fixtures, or makes any alterations, Tenant shall, at Landlord’s 's option, return the Premises on termination of this Lease to substantially the same condition as existed on the Commencement Daterequired under Section 7.1, reasonable wear and tear and damage caused by casualty and condemnation exceptedbelow, including the removal of improvements or alterations approved by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved 6.1 and not otherwise elected to be retained by Landlord, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. If Tenant fails to repair any such damage prior to the expiration of the Term, Landlord may, but shall not be obligated to, perform such repairs on Tenant's behalf, in which case, Tenant shall have reimburse Landlord for all costs incurred by Landlord within five (5) days after receipt of written demand from Landlord. Notwithstanding anything to the absolute right before contrary contained in this Lease, the end terms "trade fixtures", "machinery" or "trade equipment" as used both in Article 6 and otherwise in this Lease shall mean Tenant's specific trade fixtures, business equipment and personal property which can be removed without substantial damage to the Premises (including, without limitation, the "Movable Equipment" listed on page 1 of Schedule 1 (Project Budget) attached to the Work Letter Agreement, which "Movable Equipment" shall remain the sole property of Tenant), and shall not include, without limitation and without regard to whether the following can be removed without substantial damage to the Premises, any fill-finish suites, autoclaves and other similar items, which items shall become part of the realty and belong to Landlord upon the expiration of the Term unless Landlord otherwise elects pursuant to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoingSection 6.1, in no event shall Tenant remove any Other Property from the Premisesabove.
Appears in 1 contract
Samples: Lease Agreement (Cel Sci Corp)
Trade Fixtures. Alterations. Tenant may install necessary trade fixtures, machinery equipment and furniture in the Premises, provided that such items are installed and are removable without structural or other trade equipment in conformance with material damage to the ordinances of all applicable duly constituted public authoritiesPremises, the Building, the Common Area or the Project. Tenant shall not construct, nor allow to be constructed, any alterations or physical additions in, about or to the Premises without obtaining the prior written consent of Landlord, which may remove be given or withheld in Landlord's sole discretion, and which consent may be conditioned upon, among other things, Tenant's compliance with Landlord's reasonable requirements regardinx xxxxtruction of improvements and alterations. Tenant shall submit plans and specifications to Landlord with Tenant's request for approval and shall reimburse Landlord for all cxxxx xhich Landlord may incur in connection with granting approval to Tenant for any such alterations and additions, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said matters. If Landlord shall consent to Tenant's request for approval, it shall have the right, but not the xxxxxxtion, to construct the relevant improvements or alterations, in which case Tenant shall promptly reimburse Landlord for its expenses in connection therewith (including hard and soft costs) plus an administrative fee equal to fifteen percent (15%) of such trade fixtures or machinery upon the termination of this Leaseexpenses. If Landlord does not respond to a written request from Tenant within ten (10) business days, then Landlord shall be deemed to disapprove such request. In the event that Tenant installs improvements, machinery or trade fixtures, or makes any alterations, Tenant shall, at Landlord’s option, return alterations or improvements to the Premises on termination of this Lease that trigger or give rise to substantially a requirement that the same condition Building, the Premises, the Common Area or the Project come into compliance with any governmental laws, ordinances, statutes, orders and/or regulations (such as existed on the Commencement Date, reasonable wear and tear and damage caused by casualty and condemnation excepted, including the removal of improvements or alterations approved by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by LandlordAmericans with Disabilities Act requirements), Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not requiredfully responsible for complying, Tenant may provide written notice to Landlord of such improvement or alteration at its sole cost and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shallexpense, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenantwith same. Tenant shall have the absolute right before the end file a notice of the Term completion after completion of any alterations or improvements constructed pursuant to repair this Section 10.1 and provide Landlord with a copy thereof. Tenant shall provide Landlord with a set of "as-built" drawings for any alterations or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the Premisesimprovements constructed pursuant to this Section 10.1.
Appears in 1 contract
Samples: Office Lease (Ipayment Inc)
Trade Fixtures. All trade fixtures and equipment installed by Tenant may install trade fixtures, machinery in the Leased Premises shall be new or other trade equipment in conformance with completely reconditioned and shall remain the ordinances property of all applicable duly constituted public authoritiesthe Tenant. Tenant may remove shall obtain the written consent of Landlord before installing any of such trade fixtures or machinery upon the termination of this Leaseequipment. In the event that Provided Tenant installs improvements, machinery or trade fixtures, or makes any alterations, Tenant shall, at Landlord’s option, return the Premises on termination of this Lease to substantially the same condition as existed on the Commencement Date, reasonable wear and tear and damage caused by casualty and condemnation excepted, including the removal of improvements or alterations approved by Landlord is not in Section 6.1; provided, however, if such improvements or alterations were approved by Landlorddefault hereunder, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In have the event Landlord’s approval is not requiredright, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. , to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold which it may have stored or installed in the Leased Premises, including but not limited to counters, shelving, chairs and movable machinery purchased by Tenant shalland which are susceptible to being moved without damage to the building, in any event, provided this right is exercised before the Lease is terminated and provided that Tenant shall repair any damage resulting from to the removal Leased Premises caused thereby. The right granted Tenant in this Section shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air-conditioning equipment, floor coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold and, as a matter of course, shall not include the right to remove any fixtures or machinery that were furnished or paid for by Landlord. Buildings shall be left in a broom- clean condition. If Tenant shall fail to remove its trade fixtures or other property at the termination of this Lease, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant, and, at the option of Landlord, shall become the property of the Landlord. Tenant Landlord shall have the absolute right before to require Tenant to remove any or all fixtures and equipment installed by or for Tenant upon the end termination or expiration of the Term to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the Premiseslease.
Appears in 1 contract
Samples: Lease Agreement
Trade Fixtures. (a) Tenant shall have the right, at any time and from time to time during the Term and any renewals or extensions, at Tenant's sole cost and expense, to install and affix on the Premises items for use in Tenant's trade or business, which Tenant, in Tenant's sole discretion, deems advisable (collectively "Trade Fixtures"). Trade Fixtures installed in the Premises by Tenant shall always remain the property of Tenant and may install trade fixturesbe removed at the expiration of the Term or any extension, machinery provided that any damage to the Premises caused by the removal of the Trade Fixtures shall be repaired by Tenant, and further provided that Landlord shall have the right to keep any Trade Fixtures or other trade equipment in conformance with the ordinances of all applicable duly constituted public authorities. to require Tenant may to remove any Trade Fixtures that Tenant might otherwise elect to abandon.
(b) As security for Tenant's performance of obligations under this Lease, Tenant grants to Landlord a security interest in all Trade Fixtures owned by Tenant and now or later placed on the Premises by Tenant; provided that (i) Landlord shall subordinate its lien to the lien of any current or future lender of Tenant; and (ii) that each such trade fixtures current or machinery upon future lender of Tenant consents to Landlord's security interest in the termination Trade Fixtures. Any right to remove the Trade Fixtures given Tenant by the provisions of Section 16(a) shall be exercisable only if, at the time of the removal, an Event of Default has not occurred and is not continuing on the part of Tenant in its performance of this Lease. In Provided that no Event of Default has occurred and is continuing on the event part of Tenant, Landlord agrees to release its security interest from any Trade Fixture which Tenant desires to trade in or replace, provided, that this security interest will then attach to the item that replaced the previous Trade Fixture. Upon the occurrence of any Event of Default on the part of Tenant installs improvementsunder this Lease, machinery or trade fixtures, or makes any alterationsLandlord shall immediately have as to the Trade Fixtures the remedies provided to a secured party under relevant sections of the California Uniform Commercial Code. Upon Landlord's request to Tenant and subject to the forgoing terms and conditions, Tenant shall, at agrees to execute and deliver to Landlord a UCC Financing Statement together with applicable continuations thereof with regard to Landlord’s option, return 's security interest in the Trade Fixtures.
(c) Any Trade Fixtures that are not removed from the Premises on termination by Tenant within thirty (30) days after the Termination Date shall be deemed abandoned by Tenant and shall automatically become the property of this Lease Landlord as owner of the real property to substantially which they are affixed and not due to the same condition as existed on the Commencement Date, reasonable wear and tear and damage caused by casualty and condemnation excepted, including the removal of improvements or alterations approved by lien provided to Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by Landlord, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. Tenant shall have the absolute right before the end of the Term to repair or remove any Tenant owned equipment or machinery from the Premises. Notwithstanding the foregoing, in no event shall Tenant remove any Other Property from the Premises16(b).
Appears in 1 contract
Samples: Industrial Lease (Sandisk Corp)
Trade Fixtures. All trade fixtures hereafter installed by Tenant may install trade fixtures, machinery in the demised Premises shall remain the property of Tenant and shall be removable by Tenant at the expiration or other trade equipment earlier termination of the term of this Lease provided that: (a) Tenant shall not at such time be in conformance with material default under this Lease beyond any applicable cure period and (b) in the ordinances event of the removal of any or all applicable duly constituted public authorities. Tenant may remove any of such trade fixtures or machinery upon Tenant shall promptly restore the termination of this Leasedamage done to the premises by the installation and/or removal thereof. In Should Tenant fail to so remove Tenant’s trade fixtures and/or to so restore the event that Tenant installs improvementspremise, machinery or trade fixturesLandlord may do so, or makes any alterations, Tenant shall, collecting at Landlord’s option, return the Premises on reasonable cost and expense thereof, as additional rent, upon demand. Any such trade fixtures which are not removed and those which by the terms of the Lease are not removable by Tenant at or prior to any termination of this Lease to substantially the same condition as existed on the Commencement Dateincluding, reasonable wear and tear and damage caused by casualty and condemnation exceptedbut not limited to, including the removal of improvements or alterations approved a termination by Landlord in Section 6.1; providedpursuant to this Lease, however, if such improvements or alterations were approved by Landlord, shall unless Landlord gives Tenant shall only be required notice to remove such improvements any or alterations if Landlord’s approval was conditioned upon Tenant’s removal all of such improvements or alterationstrade fixtures, be and become the property of Landlord (without any obligation by Landlord to pay compensation for such trade fixtures). In the event Landlord’s approval is not requiredLandlord gives Tenant such notice to remove any or all of such trade fixtures, Tenant may provide written notice to Landlord shall promptly remove such of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage resulting from the removal of machinery or trade fixtures of Tenant. Tenant shall have the absolute right before the end of the Term to repair or remove any Tenant owned equipment or machinery from the Premisesas may be specified by Landlord in such notice. Notwithstanding anything herein contained to the foregoingcontrary or any decision of any court to the contrary, the term “trade fixtures” shall not include any air-conditioning, heating, lighting, electrical and plumbing equipment installed by Tenant in no event the demised Premises, nor any wiring or other apparatus related thereto. Trade fixtures shall not include the Tenant’s Work or electronics, video conferencing equipment paid one hundred percent (100%) by Tenant remove any Other Property from the Premisesby Possession Date.
Appears in 1 contract
Samples: Lease Agreement (Rex Energy Corp)
Trade Fixtures. (a) If the Tenant is not in default hereunder at the expiration of the Term, the Tenant may install remove from the Lands its trade fixtures, machinery fixtures and its other things or other trade equipment in conformance with the ordinances things of all applicable duly constituted public authorities. anyone who ever came to the Lands under authority of the Tenant may and shall make good any damage caused to the Lands resulting from the installation or removal thereof.
(b) If the Tenant fails to remove any of such trade fixtures or machinery upon other things from and restore the termination Lands as provided in Section 11.02(a), all such remaining trade fixtures and other things shall become the property of the Landlord except to the extent that the Landlord requires removal thereof pursuant to Section 11.02(d).
(c) If the Tenant abandons the Lands or this Lease. In lease is terminated before the event that proper expiration of the Term due to a default on the part of the Tenant, as of the moment of such default by the Tenant, all trade fixtures and furnishings and other things of the Tenant installs improvements, machinery (whether or trade fixtures, or makes not attached in any alterations, Tenant manner to the Lands) shall, except to the extent the Landlord requires the removal thereof pursuant to Section 11.02(d), become and be deemed to be the property of the Landlord, without compensation to the Tenant but without prejudice to any other right or remedy of the Landlord at law or in equity.
(d) Notwithstanding that any trade fixture or other things is or may become the property of the Landlord’s option, return the Premises on termination Tenant shall forthwith remove all or part of this Lease to substantially the same condition as existed on the Commencement Date, reasonable wear and tear and shall make good any damage caused by casualty and condemnation excepted, including to the removal of improvements or alterations approved by Landlord in Section 6.1; provided, however, if such improvements or alterations were approved by Landlord, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. In the event Landlord’s approval is not required, Tenant may provide written notice to Landlord of such improvement or alteration and request confirmation on whether such improvement or alteration will be required to be removed at the termination of this Lease. Tenant shall, in any event, repair any damage Lands resulting from the installation or removal thereof, all at the Tenant's expense, should the Landlord so require by notice to the Tenant.
(e) If the Tenant, after receipt of machinery a notice from the Landlord pursuant to Section 11.02(d), fails to promptly remove any trade fixture or trade fixtures of Tenant. Tenant shall have other things in accordance with such notice, the absolute right before Landlord may enter into the end Lands and remove therefrom all or part of the Term same and make good any damage caused to repair or remove any Tenant owned equipment or machinery the Lands resulting from the Premises. Notwithstanding installation or removal thereof, without any liability accruing against the foregoingLandlord and at the expense of the Tenant, in no event which expense shall forthwith be paid by the Tenant remove any Other Property from to the PremisesLandlord.
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Samples: Lease Agreement