Common use of Removal of Tenant’s Equipment Clause in Contracts

Removal of Tenant’s Equipment. Tenant covenants and agrees to remove, at or prior to the expiration or earlier termination of the Lease Term or at the early termination of Tenant’s right to occupy the Demised Premises, all of Tenant’s Equipment, as hereinafter defined. “Tenant’s Equipment” shall mean all equipment, apparatus, machinery, signs, furniture, furnishings and personal property used in the operation of the business of Tenant (as distinguished from the use and operation of the Demised Premises). If such removal shall injure or damage the Demised Premises Tenant covenants and agrees, at its sole cost and expense, at or prior to the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised Premises, to repair such injury and damage in good and workmanlike fashion and to place the Demised Premises in the same condition as the Demised Premises would have been in if such Tenant’s Equipment had not been installed. If Tenant fails to remove any of Tenant’s Equipment by the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised Premises, Landlord may, at its option, keep and retain any such Tenant’s Equipment or dispose of the same and retain any proceeds therefrom, and Landlord shall be entitled to recover from Tenant, any costs or expenses of Landlord in removing the same and in restoring the Demised Premises, in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant releases and discharges Landlord from any and all claims and liabilities of any kind arising out of Landlord’s disposition of Tenant’s Equipment.

Appears in 2 contracts

Samples: Lease of Space (Solera National Bancorp, Inc.), Lease of Space (Solera National Bancorp, Inc.)

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Removal of Tenant’s Equipment. Tenant covenants and agrees to remove, at or prior to the expiration or earlier termination of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, all of Tenant’s 's Equipment, as hereinafter defined. "Tenant’s 's Equipment" shall mean all trade fixtures, equipment, apparatus, machinery, signs, furniture, furnishings and personal property used in the operation of the business of Tenant (as distinguished from the use and operation of the Demised Premises)) and all Building Fixtures which Tenant retained ownership of and has the right to remove pursuant to Section 8.23. If such removal shall injure or damage the Demised Premises Tenant covenants and agrees, at its sole cost and expense, at or prior to the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, to repair such injury and damage in good and workmanlike fashion and to place the Demised Premises in the same condition as the Demised Premises would have been were in if such upon substantial completion of Tenant’s Equipment had not been installed's Work. If Tenant fails to remove any of Tenant’s 's Equipment by the expiration Expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, Landlord may, at its option, keep and retain any such Tenant’s 's Equipment or dispose of the same and retain any proceeds therefrom, and Landlord shall be entitled to recover from Tenant, Tenant any costs or expenses of Landlord in removing the same and in restoring the Demised Premises, Premises in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant releases and discharges Landlord from any and all claims and liabilities of any kind arising out of Landlord’s 's disposition of Tenant’s 's Equipment.

Appears in 1 contract

Samples: Pharmion Corp

Removal of Tenant’s Equipment. Subject to the ----------------------------- provisions of Exhibit D hereto, Tenant covenants and agrees to remove, at or prior to the expiration or earlier termination of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, all of Tenant’s Equipment, as hereinafter defined. “Tenant’s Equipment” shall mean all 's equipment, apparatus, machinery, signs, furniture, furnishings and personal property used in the operation of the business of Tenant ("Tenant's Equipment"), as distinguished from the use and operation of the Demised Premises). If such removal shall injure or damage the Demised Premises or the Common Facilities, Tenant covenants and agrees, at its sole cost and expense, at or prior to the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, to repair such injury and damage in good and workmanlike fashion and to place the Demised Premises and Common Facilities in the same condition as the Demised Premises same would have been in if such Tenant’s 's Equipment had not been installed. If Tenant fails to remove any of Tenant’s 's Equipment by the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, Landlord may, at its option, keep and retain any such Tenant’s 's Equipment or dispose of the same and retain any proceeds therefrom, thereof and Landlord shall be entitled to recover from Tenant, Tenant any costs or expenses of Landlord in removing the same and in restoring the Demised Premises, Premises in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant releases and discharges Landlord from any and all claims and liabilities of any kind arising out of Landlord’s disposition of Tenant’s Equipment.

Appears in 1 contract

Samples: Agreement of Lease (Yurie Systems Inc)

Removal of Tenant’s Equipment. Tenant covenants and agrees to remove, at or prior to the expiration or earlier termination of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, all of Tenant’s Equipment, as hereinafter defined. “Tenant’s Equipment” shall mean all moveable equipment, apparatus, machinery, signs, furniture, furnishings and personal property used in the operation of the business of Tenant (as distinguished from the use and operation of the Demised Premises). If such removal shall injure or damage the Demised Premises Tenant covenants and agrees, at its sole cost and expense, at or prior to the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, to repair such injury and damage in good and workmanlike fashion and to place the Demised Premises in substantially the same condition as the Demised Premises would have been in if such Tenant’s Equipment had not been installed. If Tenant fails to remove any of Tenant’s Equipment by the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, Landlord may, at its option, keep and retain any such Tenant’s Equipment or dispose of the same and retain any proceeds therefrom, and Landlord shall be entitled to recover from Tenant, any costs or expenses of Landlord in removing the same and in restoring the Demised Premises, in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant releases and discharges Landlord from any and all claims and liabilities of any kind arising out of Landlord’s disposition of Tenant’s Equipment. Notwithstanding anything in this Lease to the contrary, Tenant shall not be required to remove any raised floor, any cables or wiring of any kind or any kitchen pantry or appliances.

Appears in 1 contract

Samples: Lease Option Agreement (Alliance Data Systems Corp)

Removal of Tenant’s Equipment. Tenant covenants and agrees to ----------------------------------- remove, at or prior to the expiration or earlier termination of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, all of Tenant’s 's Equipment, as hereinafter defined. "Tenant’s 's Equipment" shall mean all equipment, apparatus, machinery, signs, furniture, furnishings and personal property used in the operation of the business of Tenant (as distinguished from the use and operation of the Demised Premises). If such removal shall injure or damage the Demised Premises Tenant covenants and agrees, at its sole cost and expense, at or prior to the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, to repair such injury and damage in good and workmanlike fashion and to place the Demised Premises in the same condition as the Demised Premises would have been in if such Tenant’s 's Equipment had not been installed. If Tenant fails to remove any of Tenant’s 's Equipment by the expiration Expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, Landlord may, at its option, AFTER TEN (10) DAYS WRITTEN NOTICE TO TENANT, keep and retain any such Tenant’s 's Equipment or dispose of the same and retain any proceeds therefrom, and Landlord shall be entitled to recover from Tenant, Tenant any costs or expenses of Landlord in removing the same and in restoring the Demised Premises, Premises in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant releases and discharges Landlord from any and all claims and liabilities of any kind arising out of Landlord’s 's disposition of Tenant’s 's Equipment.

Appears in 1 contract

Samples: And Attornment Agreement (Carrier Access Corp)

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Removal of Tenant’s Equipment. In addition to Xxxxxx’s Restoration Obligations, Tenant covenants and agrees to remove, at or prior to the expiration or earlier termination of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, all of Tenant’s Equipment, as hereinafter defined. “Tenant’s Equipment” shall mean all equipment, apparatus, machinery, signs, furniture, furnishings and personal property used in the operation of the business of Tenant (as distinguished from the use and operation of the Demised Premises). If such removal shall injure or damage the Demised Premises Tenant covenants and agrees, at its sole cost and expense, at or prior to the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, to repair such injury and damage in good and workmanlike fashion and to place the Demised Premises in the same condition as the Demised Premises would have been in if such TenantXxxxxx’s Equipment had not been installed. If Tenant fails to remove any of Tenant’s Equipment by the expiration Expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, Landlord may, at its option, keep and retain any such Tenant’s Equipment or dispose of the same and retain any proceeds therefrom, and Landlord shall be entitled to recover from Tenant, Tenant any costs or expenses of Landlord in removing the same and in restoring the Demised Premises, Premises in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant releases and discharges Landlord from any and all claims and liabilities of any kind arising out of Landlord’s disposition of Tenant’s EquipmentEquipment pursuant to this Section 8.23.

Appears in 1 contract

Samples: Lease (Insmed Inc)

Removal of Tenant’s Equipment. Tenant covenants and agrees to remove, at or prior to the expiration or earlier termination of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, all of Tenant’s 's Equipment, as hereinafter defined. "Tenant’s 's Equipment" shall mean all equipment, apparatus, machinery, signs, furniture, furnishings and personal property used in the operation of the business of Tenant (as distinguished from the use and operation of the Demised Premises). If such removal shall injure or damage the Demised Premises Tenant covenants and agrees, at its sole cost and expense, at or prior to the expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, to repair such injury and damage in good and workmanlike fashion and to place the Demised Premises in the same condition as the Demised Premises would have been in if such Tenant’s 's Equipment had not been installed. If Tenant fails to remove any of Tenant’s 's Equipment by the expiration Expiration of the Lease Term or at the early termination of Tenant’s right to occupy the Demised PremisesTerm, Landlord may, at its option, keep and retain any such Tenant’s 's Equipment or dispose of the same and retain any proceeds therefrom, and Landlord shall be entitled to recover from Tenant, Tenant any costs or expenses of Landlord in removing the same and in restoring the Demised Premises, Premises in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant releases and discharges Landlord from any and all claims and liabilities of any kind arising out of Landlord’s 's disposition of Tenant’s 's Equipment.

Appears in 1 contract

Samples: Lease (Spectralink Corp)

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