Common use of Fixtures and Personal Property Clause in Contracts

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

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Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are fixtures or equipment) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures or equipment installed in the Demised Premises by and at the expense of Tenant fails shall remain the property of Tenant or Tenant’s secured lessors or vendors, and Landlord agrees that Tenant or its secured lessors or vendors shall have the right at any time to remove any items required by and all of its trade fixtures or equipment which it may have stored or installed in the Demised Premises. Landlord prior expressly agrees to waive or upon subordinate any claim, which Landlord may or might have against the trade fixtures, equipment and other personal property of Tenant in favor of a secured lessor or vendor who intends to lease or sell (on an installment sale arrangement or with a purchase money security interest) any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease or any extension or renewal thereof, to remove any and all of its trade fixtures which it may have stored or installed in the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond Lease expiration or Lease termination, with Landlord’s approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) days), Tenant shall pay to Landlord as rental therefore, a sum equal to the prorata portion of the previous monthly rental thereof. In the event Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the Lease, LandlordLandlord shall, in Tenant’s behalf and at its option Tenant’s sole and without liability exclusive expense, cause such fixtures and equipment to be removed and any damage to the Demised Premises to be restored. Upon completion, the cost of said removal and restoration, together with reasonable storage charges for the period of time required to accomplish such, shall be passed on to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them Tenant’s payment to be stored or sold Landlord in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to TenantUtah law.

Appears in 2 contracts

Samples: Lease Agreement (Great Basin Scientific, Inc.), Lease Agreement (Great Basin Scientific, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floorsBuilding. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CCRs in effect as of the date of this Lease. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expensewhich approval shall not be unreasonably withheld. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s property and shall be maintained in good condition while on the Premises and shall be removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to on or upon before the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all reasonable costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 2 contracts

Samples: Lease (Osi Systems Inc), Lease (Osi Systems Inc)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the PremisesPremises , including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R's on wholly aesthetic grounds, but such approval shall not be unreasonably withheld, conditioned or delayed. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling furniture and personal property shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s 's election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Schnitzer Steel Industries Inc), Lease Agreement (Schnitzer Steel Industries Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary Any trade fixtures, equipment signs and furniture other personal property of the Tenant not permanently affixed to the Premises shall remain the property of the Tenant and the Landlord agrees that the Tenant shall have the right, provided the Tenant be not in default under the terms of this Lease beyond all applicable notice and cure periods, at any time, and from time to time, prior to the expiration or termination of the Term of this Lease, to remove any and all of its trade fixtures, signs and other personal property which it may have stored or installed in the Premises, provided that such items are installed including but not limiting the same to counters, shelving, showcases, mirrors and are removable without other movable personal property. The Tenant at its expense shall immediately repair any damage occasioned to the structure Premises by reason of the Premisesremoval of any such trade fixtures, includingsigns, and other personal property, and upon the last day of the Term or a date of earlier termination of this Lease, shall leave the Premises in a neat and clean condition, free of debris. All permanent improvements to the Premises by the Tenant, including but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade lighting fixtures, equipmentfloor covering and partitions, furniturebut excluding trade fixtures and signs, cabling and personal shall become the property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant of Landlord upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease. Unless directed otherwise by Landlord solely with respect to Special Alterations (as hereinafter defined), Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails have no obligation to remove any items required by Landlord prior to or alterations in the Premises upon the expiration or earlier sooner termination of this Lease. For purposes of this Lease, Landlord“Special Alterations” shall mean items such as kitchens, at its option and without liability vaults, raised or reinforced flooring or other items which are unusually difficult or expensive to remove (but specifically excluding any private restrooms that Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred install in connection with storage and sale; second, Tenant’s initial occupancy of the Premises). Landlord shall advise Tenant if any alteration is a Special Alteration at the time of Landlord’s consent to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantsuch alteration.

Appears in 2 contracts

Samples: Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements, which are visible from outside the Premises. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Leasethe Lease by 30 days, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s 's election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, shale become the property of LandlordLandlord after completion of installation by Tenant. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. All fixtures (not including trade fixtures) installed or attached to the Demised Premises by and/or at the expense of Tenant shall become the Property of the Landlord. Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right at any time to remove any and all of its trade fixtures which it may have stored or installed in the Demised Premises. Landlord expressly agrees to waive or subordinate any claim which Landlord may or might have against the trade fixtures and personal property of Tenant in favor of a Lessor who intends to Lease any of the same to Tenant. Tenant shall be required, at Tenant’s expensethe expiration or termination of this Lease Agreement or any extension or renewal thereof, to remove any and all of its trade fixtures which it may install any necessary trade fixtures, equipment and furniture have stored or installed in the Demised Premises, provided that such items are installed and are removable without . Tenant will repair all damage to the structure Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with Landlord's approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) days), Tenant shall pay to the Landlord as rental therefore, a sum equal to the prorata portion of the Premises, including, but previous monthly rental thereof In the event Tenant has not limited to, damage to drywall, doors, door frames and floors. Landlord reserves completed the right to approve or disapprove removal of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on its fixtures arid equipment arid restoration of the Premises and removed by Tenant upon caused thereby, within the ten (10) day period following the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Leaselease, Tenant shall repairLandlord shall, in Tenant's behalf and at Tenant’s 's sole and exclusive expense, or at Landlord’s electioncause such fixtures and equipment to be removed and the Premises to be restored. Upon completion, reimburse Landlord the cost of said removal and restoration, plus twenty percent (20%) for overhead and profit, including prorated rental for the cost period of time required to repair all damage caused by the installationaccomplish such, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability shall be passed on to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them Tenant's payment to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Laser Corp)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate any covenants, conditions or restrictions affecting the Property. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease (Data Critical Corp)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of or systems and/or equipment serving the PremisesBuilding. Notwithstanding the foregoing, includingTenant shall not install any vending machines or ice machines in the Premises without Landlord's prior written consent, but which consent shall not limited tobe unreasonably withheld provided such machines are for Tenant's use only. Said trade fixtures, damage to drywall, doors, door frames equipment and floorsfurniture shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of this Lease. Landlord reserves the right to approve or disapprove installation of any curtains, draperies, shades, paint or other interior improvements. Such improvements on wholly aesthetic grounds; same must be submitted for Landlord’s written approval approved in writing by Landlord prior to installation, which approval shall not be unreasonably withheld, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations aesthetic improvements and fixtures shall, at Landlord’s election at any time, become shall restore the property affected areas to a condition reasonably compatible with the remainder of the Premises as determined by Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without any liability whatsoever to Tenant for loss thereofthereof or damage thereto, may keep and use them same or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Confidential Document (Sea Coast Foods, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R's on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s 's written approval prior to installationinstallation or, or Landlord may at Landlord's request, Tenant shall remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease (Microvision Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expenseover Fifty Thousand Dollars ($50,000.00). Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereofTenant, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. TenantLessee shall have the right to install office furniture and fixtures and machinery and equipment necessary or convenient to the use permitted under Section 5, all of which shall remain the property of Lessee, but if any damage results to the Premises by reason of installation or removal of such office furniture, office fixtures and machinery and equipment, Lessee shall repair the same at Tenant’s expense, its own expense prior to the expiration of the Lease Term and immediately upon quitting the Premises. Attached hereto as Exhibit “B” is a list of the fixtures and improvements that Lessee intends will be installed on the Premises but which may install any necessary trade fixtures, equipment and furniture in be removed from the Premises by Lessee at the expiration of the Lease Term. When Lessee installs additional fixtures or improvements on the Premises which Lessee may remove at the expiration of the Lease Term notwithstanding the fact that such fixtures or improvements are attached to the Premises, provided Lessee shall notify Lessor in writing at the time that such fixtures or improvements are attached to the Premises, and Lessor shall thereupon list the item or items are installed on the attached Exhibit “B.” The attached list does not include furniture, furnishings and are removable equipment owned by Lessee which may be removed at the expiration of the Lease Term without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and All personal property shall remain Tenant’s property and shall be maintained in good condition while fixtures placed or moved on the Premises shall be at risk of Lessee or the owner of said property, and removed by Tenant upon Lessor shall not be liable to Lessee for any damage to said property, or for any damage arising from the expiration bursting of or earlier termination leaking of water pipes or from any act of negligence of any co-tenant or other occupants of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expenseBuilding, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsother person whomsoever. In the event that Lessor consents as required under Section 6 to any alterations, additions, and improvements to the Premises, then all such alterations, additions, and improvements shall immediately become and remain part of the Building and the property of the Lessor; provided, however, that as a condition to granting its consent as required under Section 6, Lessor may require that, upon the vacating of the Premises by Lessee, any such fixturesalterations, equipmentadditions, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale and improvements shall be applied, first, to all expenses of Landlord incurred in connection with storage removed by Lessee and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to TenantPremises restored.

Appears in 1 contract

Samples: Lease Agreement (Alynx, Co.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property and furniture shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s 's election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Eastside Distilling, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements, which are visible from outside the Premises. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Leasethe Lease by 30 days, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s 's election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, shale become the property of LandlordLandlord after completion of installation by Tenant. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.. Initials:

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R’s on wholly aesthetic grounds, which approval shall not be unreasonably withheld. Such Requests for any such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon written demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: And Attornment Agreement (Solta Medical Inc)

Fixtures and Personal Property. TenantBefore this Agreement becomes effective, the LANDLORD shall take an inventory of the fixtures and personal property contained within the land and residence that are owned by the LANDLORD and which will be available for rental through the BROKER, in accordance with this Agreement. A copy of that inventory shall be attached to and made part of this Agreement. The failure to take an inventory and/or the failure to attach the inventory to this Agreement shall not act to invalidate this Agreement. The responsibilities of the BROKER under this Agreement to the property of the LANDLORD do not include any fixture or personal property which is not made subject to an inventory. An inventory which is inadvertently not attached to this Agreement shall remain valid. LANDLORD understands that it is not advisable to leave any personal property on the premises and LANDLORD shall hold BROKER harmless for any loss of that personal property for any reason. LANDSCAPING: Even if TENANT is responsible in the lease agreement for landscaping, LANDLORD understands and agrees that drought, pests and TENANT neglect is common and it is extremely difficult to expect the TENANT to maintain the landscaping as would the LANDLORD. LANDLORD is urged to have professional lawn/landscaping service and holds BROKER harmless for the TENANT’S failure to properly maintain the landscaping. WINDOWS/KEYS/ACCESS: LANDLORD will provide window treatments and their hardware or authorize BROKER to purchase and install same. Window screens, in good repair with no tears/rips, are required by Florida law and all windows must be operational. LANDLORD affirms that BROKER is authorized to purchase screens and/or make window/screen repairs or replacements at TenantLANDLORD’s expense. To minimize the exposure to liability and to provide a level of security for the property and the TENANT. BROKER is given the authority to Re-Key the outside access doors at the discretion of BROKER at LANDLORD’S expense. This is generally done with each new TENANT. LANDLORD is responsible for the cost of the re-key. LANDLORD will provide _4_ full sets of keys, two mail keys and at least one gate opener or garage door opener if applicable to the BROKER. If keys are not provided at time of agreement signing, then they will be made on behalf of the owner for a service fee of $25.00, which will be due immediately. LOCK BOXES: BROKER X may install may not utilize a lock box to access the premises. Lockboxes are used to allow easy fast access to show the premises to a prospective TENANT. If a lockbox is authorized, LANDLORD shall hold BROKER harmless for any necessary trade fixturesclaims, equipment vandalism or theft arising out of the lockbox misuse by a criminal. VACANT UNITS: Vacant units are increasingly subject to vandalism, squatters, theft and furniture in the Premises, provided that such items are installed damage and are removable without loss to air conditioning compressors. Under no circumstances will BROKER be held liable for any loss or damage to the structure of the Premises, including, but vacant premises. LANDLORD is aware that often homeowner’s insurance does not limited to, damage to drywall, doors, door frames cover vacant properties and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantshould consult their insurance agent.

Appears in 1 contract

Samples: Exclusive Rental Management Agreement

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises, or which violate the CC&R's on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which that shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Letter Agreement (Eden Bioscience Corp)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right ay any time to remove any items required by Landlord prior and all of its trade fixtures and personal property of Tenant in favor of a Lessor who intends to or upon Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease Agreement or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equxxxxxx (not to exceed ten (10) days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorate portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipment to be removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant's payment to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Broadview Media Inc)

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Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for LandlordXxxxxxxx’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereofTenant, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Net Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R’s on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of SCHNITZER-STANDARD FORM OFFICE LEASE 19 Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Avi Biopharma Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements in excess of $50,000; such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereofTenant, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Fixtures and Personal Property. Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment (including, without limitation, Tenant's mechanical lift) irrespective of their being attached or affixed to any floor, wall or ceiling, provided: (a) such removal is made prior to the termination of the term of this Lease Agreement; (b) Tenant is not in default of any obligation or covenant under this Lease Agreement (beyond notice and cure period) at the time of such removal; and (c) Tenant promptly repairs all damage caused by such removal. All other property at the Leased Premises and any alterations or additions to the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other property remaining in the Leased Premises after termination of the Lease Agreement shall, at Landlord 's option, become the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of the Lease Agreement by lapse of time or otherwise, Tenant hereby waiving all rights to any payment or compensation therefor. Tenant will, prior to or at termination of this Lease Agreement, repair any damage caused by removal of Tenant's furniture, fixtures and other personal property except for ordinary wear and tear. Tenant shall, at Tenant’s 's expense, may install any necessary trade fixturesremove all of its telecommunications equipment, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, including but not limited to, damage switches, cabling and wiring, racks and boards, whether they are located within the Leased 9 of 51 Premises or in the Common Areas. Should Tenant fail to drywallremove this equipment, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or then Landlord may remove or replace such items it at Tenant’s sole 's expense. Said trade fixturesLandlord shall give Tenant reasonable access, equipmentat no additional charge to Tenant to ceilings, furniturefloors and common areas useful in bringing required utilities, cabling data and personal property shall remain Tenant’s property telecommunications and shall be maintained in good condition while on lines and other services to and from the Premises and removed by Tenant upon to those locations in the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any Building where such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantservices originate.

Appears in 1 contract

Samples: Lease Agreement (Soliton, Inc.)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary Any trade fixtures, equipment signs and furniture other personal property of Tenant not permanently affixed to the Leased Premises shall remain the property of Tenant, subject to Landlord's lien for unpaid rent, and Landlord agrees that Tenant shall have the right, 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 Premises, provided that such items are installed and are removable without damage to the structure of the Leased Premises, including, but not limited tolimiting the same to counters, shelving, showcases, mirrors and other moveable personal property. Nothing contained in this ARTICLE 13 shall be deemed or construed to permit Tenant to remove so much of such personal property, without the immediate replacement thereof with similar personal property of comparable or better quality, as to render the Leased Premises unsuitable for conducting the type of business specified in ARTICLE 1(c) hereof. Tenant, at its expense, shall immediately repair any damage occasioned to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove Leased Premises by reason of the removal of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipmentsigns, furnitureand other personal property, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repairleave the Leased Premises in a neat and clean condition, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal free of said debris. All trade fixtures, equipmentsigns, cabling, furniture, and other personal property installed in or temporary improvementsattached to the Leased Premises by Tenant must be new when so installed or attached. All installations Tenant shall pay before delinquency all taxes, assessments, license fees and fixtures shallpublic charges levied, at Landlord’s election at assessed or imposed upon its business operation in the Leased Premises as well as upon its trade fixtures, leasehold improvements (including, but not limited to, those Tenant is required to make in accordance with the provisions of ARTICLE 2 hereof), merchandise and other personal property in, or upon, the Leased Premises. If any time, become the such items of property are assessed with property of Landlord. If Tenant fails to remove any items required by , then such assessment shall be equitably divided between Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand to the end that Tenant shall pay only its equitable portion of Landlord, pay to such assessment. Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in shall determine the basis of so storing and/or selling said items. In the event prorating any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of assessment and such sale determination shall be appliedbinding upon both Landlord and Tenant. No taxes, firstassessments, fees or charges referred to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, paragraph shall be paid considered as taxes under the provisions of ARTICLE 7 hereof except any such taxes, assessments, fees or charges which are apportioned to Tenantthe Landlord pursuant to the second preceding sentence.

Appears in 1 contract

Samples: Management and Leasing Agreement (Gotham Golf Corp)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right at any time to remove any items required by and all of its trade fixtures which it may have stored or installed in the Demised Premises. Landlord prior expressly agrees to waive or upon subordinate any claim which Landlord may or might have against the trade fixtures and personal property of Tenant in favor of a Lessor who intends to Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease Agreement or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorata portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipment to be removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant.'s payment to Landlord,

Appears in 1 contract

Samples: Lease Agreement (Paradigm Medical Industries Inc)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right ay any time to remove any items required by Landlord prior and all of its trade fixtures and personal property of Tenant in favor of a Lessor who intends to or upon Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease Agreement or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equxxxxxx (not to exceed ten (10) days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorate portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipmenx xx xe removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant's payment to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Broadview Media Inc)

Fixtures and Personal Property. Tenant, at Tenant’s sole expense, may install any necessary trade fixtures, equipment equipment, machinery and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsBuilding. Such improvements must be submitted for Landlord’s written approval prior to installation, consent not to be unreasonably withheld, or Landlord may remove or replace such items at Tenant’s sole expense. Said Excepting fixtures which are bolted to or incorporated into the Premises, which fixtures shall not be removed by Tenant unless and until Landlord instructs Tenant in writing to do so (provided, that Tenant shall be permitted to remove owned racking which is bolted to the Premises), said trade fixtures, equipment, furniture, cabling equipment and personal property furniture shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the prior to expiration or earlier termination of the Lease. As a covenant which shall survive the expiration Term or earlier termination of this Lease; provided, however, that Tenant shall not have the right to remove any such personal property of Tenant or any of Tenant’s trade fixtures at any time in which Tenant is in default under any term, condition or provision of this Lease. Upon Landlord’s prior written approval, not to be unreasonably withheld, Tenant may install temporary improvements in the interior of the Premises, provided that such temporary improvements are installed and removable without structural damage to the Building. Such temporary improvements shall remain Tenant’s property and shall be removed by Tenant on expiration of the Term or earlier termination of this Lease. Tenant shall assume the risk of damage to any of Tenant’s fixtures, unless caused by Landlord’s gross negligence or willful misconduct. Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, replacement or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon on expiration of the expiration Term or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, Landlord may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Laws, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenantlaw.

Appears in 1 contract

Samples: Warehouse Lease (Pizza Inn Inc /Mo/)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of or systems and/or equipment serving the Building. Notwithstanding the foregoing, Tenant shall not install any vending machines or ice machines in the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned so long as such installation is solely for on-site use by Tenant's personnel at the Premises. Said trade fixtures, including, but not limited to, damage to drywall, doors, door frames equipment and floorsfurniture shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of this Lease. Landlord reserves the right to approve or disapprove installation of any curtains, draperies, shades or other interior improvements. Such improvements visible from outside the Premises on wholly aesthetic grounds; same must be submitted for Landlord’s written approval approved in writing by Landlord prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s 's sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property furniture or temporary improvements. All installations aesthetic improvements and fixtures shall, at Landlord’s election at any time, become shall restore the property affected areas to a condition reasonably compatible with the remainder of the Premises as determined by Landlord. If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without any liability whatsoever to Tenant for loss thereofthereof or damage thereto, may keep and use them same or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Work Letter Agreement (Sedona Corp)

Fixtures and Personal Property. Tenant, at Tenant’s 's expense, may install any necessary trade fixtures, equipment and furniture in the Premises, provided that such items are installed and are removable without damage to the structure of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvementsimprovements which are visible from outside the Premises or which violate the CC&R's on wholly aesthetic grounds. Such improvements must be submitted for Landlord’s 's written approval prior to installation, or Landlord may remove or replace such items at Tenant’s 's sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s 's property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the LeaseLease except as otherwise agreed by Landlord and Tenant. As a covenant which shall survive the expiration or earlier termination of this the Lease, Tenant shall repair, at Tenant’s 's sole expense, or, if Tenant fails to complete such repairs prior to such expiration or termination date, then, at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, installation or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall; provided that, except as otherwise expressly provided by this Lease, Tenant shall not be required to remove or restore any permanent improvements which have been approved by Landlord (except to the extent Landlord gives notice to Tenant at Landlord’s election at the time of approval that removal of any time, become such improvements will be required to be removed upon termination or expiration of the property of LandlordLease). If Tenant fails to remove any the foregoing items required by Landlord prior to or upon the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss thereof, may keep and use them or remove any or all of them and cause them to be stored or sold in accordance with applicable Lawslaw, and Tenant shall, upon demand of Landlord, pay to Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said items. In the event any such fixtures, equipment, and/or furniture of Tenant are sold by Landlord, the proceeds of such sale shall be applied, first, to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if any, shall be paid to Tenant.

Appears in 1 contract

Samples: Schnitzer North Creek (Lumera Corp)

Fixtures and Personal Property. Tenant, at Tenant’s expense, may install any necessary All fixtures (not including trade fixtures, equipment and furniture in the Premises, provided that such items are ) installed and are removable without damage or attached to the structure Demised Premises by and/or at the expense of the Premises, including, but not limited to, damage to drywall, doors, door frames and floors. Landlord reserves the right to approve or disapprove of any interior improvements. Such improvements must be submitted for Landlord’s written approval prior to installation, or Landlord may remove or replace such items at Tenant’s sole expense. Said trade fixtures, equipment, furniture, cabling and personal property shall remain Tenant’s property and shall be maintained in good condition while on the Premises and removed by Tenant upon the expiration or earlier termination of the Lease. As a covenant which shall survive the expiration or earlier termination of this Lease, Tenant shall repair, at Tenant’s sole expense, or at Landlord’s election, reimburse Landlord for the cost to repair all damage caused by the installation, use, or removal of said trade fixtures, equipment, cabling, furniture, personal property or temporary improvements. All installations and fixtures shall, at Landlord’s election at any time, become the property of Landlord. If Any trade fixtures installed in the Demised Premises by and at the expense of the Tenant fails shall remain the property of the Tenant or Tenant's trade fixture Lessors, and the Landlord agrees that so long as Tenant is not in default hereunder, Tenant or its Lessors shall have the right at any time to remove any items required and all of its trade fixtures which it may have stored or installed in the Demised Premises. Tenant and Landlord agree that Tenant's trade fixtures shall include, without limitation, Tenant's equipment and machinery, any cabinetry installed by Tenant, a clean room installed by Tenant and any heating, cooling and other environmental control systems installed by Tenant. Landlord prior expressly agrees to waive or upon subordinate any claim which Landlord may or might have against the trade fixtures and personal property of Tenant in favor of a Lessor who intends to Lease any of the same to Tenant. Tenant shall be required, at the expiration or earlier termination of this Lease, Landlord, at its option and without liability to Tenant for loss Lease or any extension or renewal thereof, may keep and use them or to remove any or and all of them and cause them to be its trade fixtures which it may have stored or sold installed in accordance the Demised Premises. Tenant will repair all damage to the Demised Premises occasioned by such trade fixture removal. If Tenant shall holdover beyond lease expiration or lease termination, with applicable LawsLandlord's approval of such holdover, for removal of fixtures and equipment (not to exceed ten (10) business days), Tenant shall, upon demand of Landlord, shall pay to the Landlord as Additional Rent hereunder all costs and expenses incurred by Landlord in so storing and/or selling said itemsrental therefore, a sum equal to the prorata portion of the previous monthly rental thereof. In the event any Tenant has not completed the removal of its fixtures and equipment and restoration of the Premises caused thereby, within the ten (10) day period following the expiration or termination of the lease, Landlord shall, in Tenant's behalf and at Tenant's sole and exclusive expense, cause such fixtures, equipment, and/or furniture of Tenant are sold by Landlordfixtures and equipment to be removed and the Premises to be restored. Upon completion, the proceeds cost of such sale shall be appliedsaid removal and restoration, firstplus twenty percent (20%) for overhead and profit, including prorated rental for the period of time required to all expenses of Landlord incurred in connection with storage and sale; second, to any amounts owed by Tenant to Landlord under this Lease or otherwise, and, third, the remainder, if anyaccomplish such, shall be paid passed on to Tenant for Tenant's payment to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Iomed Inc)

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