Common use of Equipment and Fixtures Clause in Contracts

Equipment and Fixtures. Owner and Tenant agree that the premises contains the following mechanical systems: specialized HVAC system to include two (2) twenty (20) ton Liebert floor mounted air conditioning units and associated piping; specialized fire protection system consisting of a halon system and hydraulic preaction valve; and a domestic water backup system for the HVAC units. These systems are to be considered fixtures which Tenant shall take possession of and have the right to use. Tenant shall be responsible for maintaining the systems and preserving their functionality through out their normal life cycle. Should any of the components of these systems fail and require replacement, Tenant shall at its option and its expense, replace necessary components or restructure the system to eliminate the unwanted component in a manner approved by the Building Engineer. If Tenant elects to replace components at substantial capital cost, it shall have the option to designate such components as trade fixtures which Tenant will then be entitled to remove upon expiration of this Lease and vacation of the Premises.