Common use of Tenant’s Trade Fixtures; Landlord’s Lien Waiver Clause in Contracts

Tenant’s Trade Fixtures; Landlord’s Lien Waiver. All trade fixtures, equipment, furniture, inventory, and apparatus (as distinguished from leasehold improvements) owned by Tenant and installed in the Premises shall remain the property of Tenant and shall be removable at any time, including upon the expiration of the Term; provided that Tenant shall repair any damage to the Premises caused by the removal of said trade fixtures and apparatus and shall restore the Premises to substantially the same condition as existed prior to the installation of said trade fixtures and apparatus. Landlord acknowledges that Tenant may from time to time or at any time grant security interests in and to its trade fixtures, equipment, furniture, inventory and apparatus in order to secure financing provided to Tenant. Landlord consents to Tenant’s granting one or more security interests in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus and covenants and agrees that any security interest in and to the Tenant’s trade fixtures, equipment, furniture, inventory and apparatus in favor of any lender or financier thereof shall be superior to any interest which Landlord may at any time have in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus and Landlord, for itself, its successors and/or assigns, does hereby waive and release any and all liens, encumbrances and/or security interests which it has or may have in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus, whether expressly created in this Lease or any other instrument by and between Landlord and Tenant, or by virtue of any statute or under common law. Landlord covenants and agrees with Tenant and any lender or financier of Tenant that Landlord will not assert against any of Tenant’s trade fixtures, equipment, furniture, inventory and apparatus any statutory, common law, contractual, or possessory lien or security interest, including without limitation any right of levy or destraint for rent, all of which Landlord does hereby waive and release. Landlord agrees that any such lender or financier may enter upon the Premises at any time or from time to time, during normal business hours, so long as Tenant is in possession of the Premises, without charge, to inspect or remove any of Tenant’s trade fixtures, equipment, furniture, inventory and apparatus therefrom. Landlord covenants and agrees that Landlord will not hinder or delay any such lender’s or financier’s actions in enforcing its liens, security interests, and remedies with respect to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus. In addition, Landlord agrees that, upon the request of any person or entity that shall be providing financing to Tenant, including, without limitation, a purchase money equipment financier or equipment lessor of Tenant, Landlord shall negotiate in good faith for the purpose of executing and delivering a commercially reasonable landlord lien waiver agreement in favor of any such person or entity providing such financing to Tenant memorializing the terms and provisions of this Section 10.4.

Tenant’s Trade Fixtures; Landlord’s Lien Waiver. All trade fixtures, equipment, furniture, inventory, and apparatus (as distinguished from leasehold improvements) owned by Tenant and installed in the Premises shall remain the property of Tenant and shall be removable at any time, including upon the expiration of the Term; provided Tenant shall not at such time be in default of any terms or covenants of this Lease, and provided further, that Tenant shall repair any damage to the Premises caused by the removal of said trade fixtures and apparatus and shall restore the Premises to substantially the same condition as existed prior to the installation of said trade fixtures and apparatus and shall restore the Premises to substantially the same condition as existed prior to the installation of said trade fixtures and apparatus. Landlord acknowledges that Tenant may from time to time or at any time grant security interests in and to its trade fixtures, equipment, furniture, inventory and apparatus in order to secure financing provided to Tenant. Landlord consents to Tenant’s granting one or more security interests in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus and covenants and agrees that any security interest in and to the Tenant’s trade fixtures, equipment, furniture, inventory and apparatus in favor of any lender or financier thereof shall be superior to any interest which Landlord may at any time have in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus and Landlord, for itself, its successors and/or assigns, does hereby waive and release subordinate any and all liens, encumbrances and/or security interests which it has or may have in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus, whether expressly created in this Lease or any other instrument by and between Landlord and Tenant, or by virtue of any statute or under common law. Landlord covenants and agrees with Tenant and Lender that, for so long as any lender or financier holds any lien, encumbrance of Tenant that security interest in and to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus, Landlord will not assert against any of Tenant’s trade fixtures, equipment, furniture, inventory and apparatus any statutory, common law, contractual, or possessory lien or security interest, including without limitation any right of levy or destraint for rent, all of which Landlord does hereby waive and releasesubordinate. Landlord agrees that any such lender or financier may enter upon the Premises at any time or from time to time, during normal business hours, so long as Tenant is in possession of the Premises, without charge, to inspect or remove any of Tenant’s trade fixtures, equipment, furniture, inventory and apparatus therefrom. Landlord covenants and agrees that Landlord will not hinder or delay any such lender’s or financier’s actions in enforcing its liens, security interests, and remedies with respect to Tenant’s trade fixtures, equipment, furniture, inventory and apparatus. In addition, Landlord agrees that, upon the request of any person or entity that shall be providing financing to Tenant, including, without limitation, a purchase money equipment financier or equipment lessor of Tenant, Landlord shall negotiate in good faith for the purpose of executing and delivering a commercially reasonable landlord lien waiver agreement in favor of any such person or entity providing such financing to Tenant memorializing the terms and provisions of this Section 10.4.