Common use of TRADE FIXTURES AND EQUIPMENT Clause in Contracts

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent, to the extent such consent is required under this Lease. So long as no Event of Default has occurred and is continuing hereunder, any trade fixtures and equipment installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant by Landlord, ordinary wear and tear and acts of God alone excepted. Any of Tenant’s Personal Property not removed by Tenant within five (5) days of the expiration or earlier termination of the Lease shall, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be “trade fixtures” and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 2 contracts

Samples: Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Inspire Pharmaceuticals Inc)

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TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable 's consent, to the extent such consent is required under this Lease. So long as no Event of Default has occurred and is continuing hereunder, any trade fixtures and equipment installed in the Premises at Tenant’s 's expense and identified by Tenant in notice to Landlord shall remain Tenant’s 's personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or and equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when as of the Premises was delivered to Tenant by LandlordCommencement Date, ordinary wear and tear and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of at the expiration or an earlier termination of the Lease shall, at Landlord’s 's sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s 's removing such property from the Premises and storing same, all at Tenant’s 's expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be "trade fixtures" and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Tenant, at Tenant's sole cost, will have the right to install an ATM kiosk, vault and safe at a location acceptable to Landlord. Upon the expiration or termination of the Lease, Landlord hereby waives will require the vault to be removed and Tenant shall restore any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title damages to the Premises occasioned by such removal. All other Tenant fixtures, except for the ATM machine and other banking equipment, will remain part of the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Capital Bank Corp)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached Any trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent(including, to the extent such consent is required under this Lease. So long as no Event of Default has occurred and is continuing hereunderwithout limitation, any trade fixtures HVAC systems purchased by Tenant for use in connection with Tenant’s computer and equipment data systems room) installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term term of this Lease to remove such trade fixtures and equipmentfixtures. Upon removal of any trade fixtures or equipmentfixtures, Tenant shall immediately restore the Premises to substantially the same condition in which it existed as they were when the Premises was delivered to Tenant received by LandlordTenant, ordinary wear and tear and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of at the expiration or an earlier termination of the Lease shallshall become, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be “trade fixtures” and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any dock levelers; (d) any carpeting or other permanent floor coverings; (de) any paneling or other wall coverings; (ef) plumbing fixtures and equipment; or (fg) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Lease Agreement (Amber Road, Inc.)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consentconsent not to be unreasonably withheld, to the extent such consent is required under this Leaseconditioned or delayed. So long as no Event of Default has occurred and is continuing hereunder, any Any trade fixtures and equipment installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant by Landlord, and ordinary wear and tear and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of at the expiration or an earlier termination of the Lease shall, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be “trade fixtures” and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: Tenant (except to the extent otherwise designated by Landlord, in its sole and absolute discretion): (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Lease Agreement (Novan, Inc.)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached non-standard and/or non-office trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent, to the extent such consent is required under this Lease. So long as no Event of Default has occurred and is continuing hereunder, any trade fixtures and equipment installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant by Landlord, ordinary wear and tear and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of at the expiration or an earlier termination of the Lease shall, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be “trade fixtures” and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Lease Agreement (Regado Biosciences Inc)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent, not to be unreasonably withheld (provided there is no modification to (i) the extent such structural components of the Premises or the Building, or (ii) the Building systems, in which event Landlord’s consent is required under this Leasemay be granted or withheld in Landlord’s sole discretion). So long as no Event of Default has occurred and is continuing hereunder, any trade fixtures and equipment installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord (including without limitation, all racks, counters, shelves, mirrors, chairs and other trade fixtures and equipment) shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant received by LandlordTenant, ordinary wear and tear tear, condemnation and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of after the expiration or an earlier termination of the Lease shall, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoingforegoing and except as provided in Section 4 hereof, the following property shall in no event be deemed to be “trade fixtures” and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives Notwithstanding anything contained herein to the contrary, with respect to any lien interests it may have installation within the Premises which creates or results in a penetration of the ceiling or roof of the Premises or the Building, Landlord’s consent to same shall not be unreasonably withheld so long as: (i) such installation is necessary to the conduct of Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to ordinary business operations within the Premises, (ii) such installation does not void or otherwise adversely impact Landlord’s roof warranty and (iii) such installation can practically be made without material interference to the Building other structural components of the Premises or the Building’s common areas or Tenant’s leasehold interest . With respect to any proposed alteration by Tenant (other than the initial upfitting of the Premises), Tenant shall pay all actual out-of-pocket expenses incurred by Landlord (to the extent commercially reasonable under the circumstances) in the Premises through the financing course of any personal property within the Premises or any other activityits review and approval of such alterations.

Appears in 1 contract

Samples: Lease Agreement (Icagen Inc)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent, to the extent such which consent is required under this Leaseshall not be unreasonably withheld, conditioned, or delayed. So long as no Event of Default has occurred and is continuing hereunder, any Any trade fixtures and equipment installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately promptly restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant by Landlord, ordinary wear and tear tear, approved Alterations which Tenant is not obligated hereunder to remove, casualty damage which is Landlord’s obligation hereunder to repair and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five three (53) days of the expiration or an earlier termination of the Lease shall, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be “trade fixtures” and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Lease Agreement (Dova Pharmaceuticals, Inc.)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent, to which shall not be unreasonably withheld, conditioned or delayed so long as said equipment is not visible from the extent such consent is required under this Leaseexterior of the Building and does not otherwise affect any structural components of the Building or any of the Building systems. So long as no Event of Default has occurred and is continuing hereunder, any trade fixtures and equipment installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or and equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when as of the Premises was delivered to Tenant by LandlordCommencement Date, ordinary wear and tear tear, casualty and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of at the expiration or an earlier termination of the Lease shall, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality items in excess of the foregoingbuilding standard. In any event, the following property shall in no event be deemed to be “trade fixtures” and Tenant Landlord shall not remove any such property be required to expend more funds than the amount received by Landlord from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing proceeds of any personal property within the Premises or insurance and any other activityamounts received from Tenant.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

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TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature (other than Tenant's Property (as hereinafter defined)) which it intends to install within the Premises if such trade fixtures or equipment will be permanently attached to the Premises and the installation of same shall be subject to Landlord’s reasonable 's consent, to the extent such consent is required under this Leasewhich shall not be unreasonably withheld or delayed. So long as no Event of Default has occurred and is continuing hereunder, Tenant's lighting fixtures affixed to Tenant's modular units within the Premises, Tenant's test equipment racks which are affixed to the floor of the Premises, and any trade fixtures furniture, unattached equipment and equipment personal property of Tenant installed in the Premises at Tenant’s 's expense and identified by Tenant in notice not otherwise affixed to Landlord the Premises (the "Tenant's Property"), shall remain Tenant’s 's personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipmentitems. Upon removal of any trade fixtures or equipmentof the Tenant's Property, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant by Landlord, ordinary wear and tear and latent defects, fire or other casualty, acts of God and repair and maintenance obligations of Landlord alone excepted. Any of the Tenant’s Personal 's Property not removed by Tenant within five (5) days of at the expiration or earlier termination of the Lease shall, at Landlord’s 's sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s 's removing such property from the Premises and storing same, all at Tenant’s 's expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be “trade fixtures” Tenant's Property unless otherwise agreed to in writing by Landlord and Tenant (in such parties' sole discretion) and Tenant shall not remove any such property from the Premises under any circumstancesunless otherwise agreed to in writing by Landlord and Tenant (in such parties' sole discretion), regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipmentequipment attached or permanently affixed to the structural components of the Building (i.e. floor, roof, walls); (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it Notwithstanding the foregoing, provided no Event of Default has occurred and is continuing hereunder and Tenant has not assigned this Lease nor sublet more than 30,000 rentable square feet of the Premises, Tenant may have in Tenant’s Personal Propertyelect, at its sole cost and expense and subject to Landlord's prior written consent, such consent not to be unreasonably withheld or delayed, to install an additional emergency generator near the Building to serve the Premises; provided, however, the location of the additional generator shall be subject to Landlord's prior approval, to be granted or withheld in Landlord's sole discretion. Tenant shall, at its sole cost and expense, obtain all necessary approvals, permits and licenses with respect to said generator and shall be solely responsible for the maintenance of such generator, including without limitation, the installation of any screening and landscaping required by Landlord in its sole discretion. The use and maintenance of such additional generator shall in no event may Tenant encumber or otherwise impair Landlord’s title to way interfere with the Premises, the Building or rights of any other tenant in the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Roof License Agreement (Oni Systems Corp)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable 's consent, not to the extent such consent is required under this Leasebe unreasonably withheld. So long as no Event of Default has occurred and is continuing hereunder, any trade fixtures and equipment installed in the Premises at Tenant’s 's expense and identified by Tenant in notice to Landlord shall remain Tenant’s 's personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant received by LandlordTenant, ordinary wear and tear tear, condemnation and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of at the expiration or an earlier termination of the Lease shall, at Landlord’s 's sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s 's removing such property from the Premises and storing same, all at Tenant’s 's expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be "trade fixtures" and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or air conditioning, air ventilating or heating equipment; (b) any lighting fixtures or lighting equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and plumbing equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Lease Agreement (Inspire Pharmaceuticals Inc)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent, to the extent such consent is required under this Leasenot to be unreasonably withheld, conditioned or delayed. So long as no Event of Default has occurred and is continuing hereunder, any trade fixtures and equipment installed in the Premises at Tenant’s expense and identified by Tenant in notice to Landlord shall remain Tenant’s personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant by Landlord, ordinary wear and tear tear, fire or other casualty the responsibility for the repair of which is Landlord’s, and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five ten (510) days of after the expiration or an earlier termination of the Lease shall, at Landlord’s sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s removing such property from the Premises and storing same, all at Tenant’s expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be “trade fixtures” and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests it may have in Tenant’s Personal Property; provided, however, in no event may Tenant encumber or otherwise impair Landlord’s title to the Premises, the Building or the Building’s common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activity.

Appears in 1 contract

Samples: Work Agreement (Smart Online Inc)

TRADE FIXTURES AND EQUIPMENT. Prior to installation, Tenant shall furnish to Landlord notice of all attached trade fixtures and equipment of a permanent nature which it intends to install within the Premises and the installation of same shall be subject to Landlord’s reasonable consent's consent which shall not be unreasonably withheld, to the extent such consent is required under this Leasecondition or delayed. So long as no Event of Default has occurred and is continuing hereunder, any Any trade fixtures and equipment installed in the Premises at Tenant’s 's expense and identified by Tenant in notice to Landlord shall remain Tenant’s 's personal property (“Tenant’s Personal Property”) and Tenant shall have the right at any time during the Term to remove such trade fixtures and equipment. Upon removal of any trade fixtures or equipment, Tenant shall immediately restore the Premises to substantially the same condition in which it existed when the Premises was delivered to Tenant received by LandlordTenant, ordinary wear and tear tear, condemnation damage by fire and other casualty and acts of God alone excepted. Any of Tenant’s Personal Property trade fixtures not removed by Tenant within five (5) days of at the expiration or an earlier termination of the Lease shall, at Landlord’s 's sole election, either (i) become the property of Landlord, in which event Landlord shall be entitled to handle and dispose of same in any manner Landlord deems fit without any liability or obligation to Tenant or any other third party with respect thereto, or (ii) be subject to Landlord’s 's removing such property from the Premises and storing same, all at Tenant’s 's expense and without any recourse against Landlord with respect thereto. Without limiting the generality of the foregoing, the following property shall in no event be deemed to be "trade fixtures" and Tenant shall not remove any such property from the Premises under any circumstances, regardless of whether installed by Landlord or Tenant: (a) any air conditioning, air ventilating or heating fixtures or equipment; (b) any lighting fixtures or equipment; (c) any carpeting or other permanent floor coverings; (d) any paneling paneling-or other wall coverings; (e) plumbing fixtures and equipment; or (f) permanent shelving. Landlord hereby waives any lien interests which it may have in Tenant’s Personal Property's personal property; provided, however, and notwithstanding anything contained herein to the contrary, in no event may Tenant encumber or otherwise impair Landlord’s 's title to the Premises, the Building or the Building’s 's common areas or Tenant’s leasehold interest in the Premises through the financing of any personal property within the Premises or any other activityactivities.

Appears in 1 contract

Samples: Lease Agreement (Sciquest Com Inc)

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