Common use of Tenant’s Property Clause in Contracts

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 4 contracts

Samples: Research Inc /Mn/, Vascular Solutions Inc, Build a Bear Workshop Inc

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Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 3 contracts

Samples: Zars Inc/Ut, Liquidity Services Inc, Liquidity Services Inc

Tenant’s Property. All movable non-structural partitions, articles of personal property (including Tenant’s generator and UPS system) and all business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, fixtures owned by Tenant or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned leased by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant Tenant, and may be removed by Tenant at any time during the Lease Term, provided Tenant repairs is not in default. Upon expiration or pays sooner termination of this Lease, Tenant shall remove any such property, together with any such property of any party other than Landlord. Tenant shall repair the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or or removal thereofof such property, and shall promptly surrender the Premises in the condition required by Section 31 hereof. At or before In the Expiration Date, or the date event of any earlier terminationfailure by Tenant to remove, Tenantrepair or clean as in this Section provided, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall upon demand, reimburse Landlord for the cost of any such removal, repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Propertycleaning. Any other items of Tenant's Property that shall remain in property left on the Premises after the Expiration Date, expiration or following an earlier termination date, mayof the Lease term or after Tenant’s vacation or abandonment of the Premises shall, at the option of Landlord’s option, be deemed to have been abandonedabandoned and to have become the property of Landlord to dispose of as Landlord deems expedient; Tenant agrees that expenses to be reimbursed by Tenant to Landlord upon demand, include court costs, attorneys’ fees and storage charges relating to such property. Landlord may, at its option, sell said property at private sale without notice or legal process, for such price as Landlord may obtain, and in apply the proceeds of such case, such items may be retained by Landlord as its property or be disposed of by sale to any amounts due under this Lease from Tenant to Landlord, in Landlord's sole including expenses incident to the removal and absolute discretion and without accountabilitysale of such property, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms or Landlord may otherwise dispose of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordsuch property.

Appears in 2 contracts

Samples: Letter Agreement (Captaris Inc), Letter Agreement (Captaris Inc)

Tenant’s Property. All movable non-structural partitionsTenant, business at its own cost and expense, may erect such shelves, racks, bins and trade fixturesfixtures (collectively, machinery and equipment, communications equipment and office equipment that are installed in TENANT'S PROPERTY) within the Premises by, or for the account of, Tenant as it desires and without expense to Landlord and Landlord's prior consent provided that can (a) such items do not alter the basic character of the Premises or the Building; (b) such items do not overload or damage the Premises or the Building or the utility or other systems serving same; (c) such items may be removed without structural damage material injury to the PropertyPremises and the Building; and (d) the construction, erection or installation thereof complies with all Applicable Laws, applicable building permits and all furniture, furnishings certificates of occupancy; and other articles (e) provided that Tenant's installation of movable personal property owned by Tenant and located in Tenant's Property prior to the Premises (collectively, the "TENANT'S PROPERTY") shall Rent Commencement Date will be and subject to Paragraph 6B above. All of Tenant's Property shall remain the property of Tenant and may shall be removed by on or before the earlier to occur of the date of termination of this Lease or Tenant's vacating of the Premises. Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing shall promptly repair any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, Project or the date Premises caused by the removal of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in not so removed and any other property of Tenant not removed prior to the termination of this Lease or Tenant's vacating of the Premises after the Expiration Dateshall thereupon be conclusively presumed to have been abandoned by Tenant, or following an earlier termination date, and Landlord may, at its option, take over possession of any and all of the option foregoing and either (i) declare the same to be the property of LandlordLandlord by written notice to Tenant at the address provided herein or (ii) at the sole cost and expense of Tenant, be deemed to have been abandonedremove, and in such casestore, such items may be retained by Landlord as its property and/or dispose of the same or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, any part thereof all at Tenant's expense. Notwithstanding the foregoingcost, if in any manner that Landlord shall choose without incurring liability to Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordor any other person."

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, all supplemental HVAC equipment installed by Tenant, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property beyond reasonable wear and tear resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property’s Property beyond reasonable wear and tear. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, if not removed by Tenant within ten (10) days following written notice thereof from Landlord to Tenant, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Gordmans Stores, Inc., Gordmans Stores, Inc.

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment, motor control centers, refrigeration equipment and office equipment, any HVAC equipment installed by Tenant and specific to Tenant’s use and occupancy of the Premises (excluding the HVAC equipment presently installed at the Premises and any repairs or replacements respecting such equipment) and other non-structural items that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the TermTerm and at the Expiration Date, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandonedabandoned by Tenant, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (TWC Holding Corp.), Assignment and Assumption of Lease (Wornick CO Right Away Division, L.P.)

Tenant’s Property. All movable non-structural partitionsFor the purpose of this Article 18, business and the following shall be deemed to be Tenant's property: (a) all furniture, trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property, other than those installed by or at the expense of Landlord; and (b) all inventory and stock in trade furnished by or at the expense of Tenant. Such property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed from the Premises by Tenant at any time time, provided that items essential to the conduct of Tenant's business shall be replaced with items of similar purpose and quality during the Lease Term. All of Tenant's property except those items, provided if any, which Landlord may have given Tenant repairs specific written permission to leave in the Premises, shall be removed upon expiration or pays the cost termination of repairing this Lease. Tenant shall: (i) repair any damage to the Premises Premises, building, Center or to tract caused by the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property property; (ii) have all utility lines professional capped or plugged; and (iii) restore the Premises, building, Center and tract to substantially the same order and condition as existed immediately prior to the time Tenant entered into possession of the Premises, ordinary wear and tear and damage by casualty and the elements excepted. Such repairs and restoration work shall be made promptly, and in any Alterations (except such items thereof as constitute event prior to expiration or termination of this Lease. Any of Tenant's property not so removed may, at Landlord's Property; or as election and without limiting Landlord's right to compel removal thereof, be deemed abandoned, and Landlord shall have expressly permitted, in writing, may remove and dispose of the same and restore the Premises to remain, which property shall become the property of Landlord)good order and condition, and Tenant shall repair reimburse Landlord for all reasonable costs and expenses in connection with the restoration as Additional Rent within thirty (to 30) days after written notice thereof from Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting . And Tenant hereby releases Landlord from any installation and/or and all liability in connection with the removal and disposition of any of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, property not so removed by Tenant prior to expiration or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 2 contracts

Samples: Healthcore Medical Solutions Inc, Healthcore Medical Solutions Inc

Tenant’s Property. All movable non-structural partitionsfixtures, equipment, improvements and ----------------- appurtenances attached to, or built into, the Demised Premises that are installed by Tenant at Tenant's expense shall be Tenant's property until the termination of this Lease. All of the foregoing items installed at Tenant's expense as well as all paneling, partitions and business and trade fixtures, machinery fixtures and equipment, communications equipment communication and office equipment that which are installed in the Demised Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Propertyby Tenant, and all furniture, furnishings furnishing and other articles of movable personal property owned by Tenant and located in the Demised Premises or the Building (collectively, the all of which are hereinafter referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and belong to Tenant, may be removed by Tenant at any time during the Termterm hereof, provided and may be removed by Tenant repairs at the end of the term hereof or pays within fifteen (15) days thereafter, whether as a result of the cost normal expiration of repairing the term of this Lease or of the early termination of this Lease pursuant to the terms hereof (as a result of Tenant's default hereunder or otherwise). Tenant shall repair any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, leave the Demised Premises in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's a commercially reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Propertycondition. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Datenot so removed shall, or following an earlier termination dateif not required to be removed by Tenant pursuant to Paragraph 8 hereof, may, at the option of Landlord, be is deemed to have been abandoned, abandoned and in such case, such items may be retained by Landlord as its property thereafter. Landlord waives any landlord or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant other lien it may remove have on Tenant's Property from the Premises only and shall not seek to enforce same, whether upon the express written direction of LandlordTenant's default or otherwise.

Appears in 2 contracts

Samples: Suit Lease Agreement (R2 Technology Inc), Suit Lease Agreement (R2 Technology Inc)

Tenant’s Property. All movable non-structural partitionsTenant, business at its own cost and expense, may erect such shelves, racks, bins and trade fixturesfixtures (collectively, machinery and equipment, communications equipment and office equipment that are installed in TENANT'S PROPERTY) within the Premises by, or for the account of, Tenant as it desires and without expense to Landlord and Landlord's prior consent provided that can (a) such items do not alter the basic character of the Premises or the Building; (b) such items do not overload or damage the Premises or the Building or the utility or other systems serving same; (c) such items may be removed without structural damage material injury to the PropertyPremises and the Building; and (d) the construction, erection or installation thereof complies with all Applicable Laws, applicable building permits and all furniture, furnishings certificates of occupancy; and other articles (e) provided that Tenant's installation of movable personal property owned by Tenant and located in Tenant's Property prior to the Premises (collectively, the "TENANT'S PROPERTY") shall Commencement Date will be and subject to Paragraph 5B above. All of Tenant's Property shall remain the property of Tenant and may shall be removed by on or before the earlier to occur of the date of termination of this Lease or Tenant's vacating of the Premises. Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing shall promptly repair any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, Project or the date Premises caused by the removal of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in not so removed and any other property of Tenant not removed prior to the termination of this Lease or Tenant's vacating of the Premises after the Expiration Dateshall thereupon be conclusively presumed to have been abandoned by Tenant, or following an earlier termination date, and Landlord may, at its option, take over possession of any and all of the option foregoing and either (i) declare the same to be the property of LandlordLandlord by written notice to Tenant at the address provided herein or (ii) at the sole cost and expense of Tenant, be deemed to have been abandonedremove, and in such casestore, such items may be retained by Landlord as its property and/or dispose of the same or be disposed of by Landlordany part thereof, in Landlord's sole and absolute discretion and without accountability, all at Tenant's expense. Notwithstanding the foregoingcost, if in any manner that Landlord shall choose without incurring liability to Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordor any other person.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Tenant’s Property. All movable non-structural partitions, unattached business and trade fixtures, machinery and equipment, computer and communications equipment and office equipment that which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the Property, Building and all furniture, furnishings (excluding window coverings) and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Lease Term; provided, provided that if any of Tenant’s Property is removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or removal thereof. At Any equipment or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as other property for which Landlord shall have expressly permittedgranted any allowance or credit to Tenant shall be deemed not to have been installed by or for the account of Tenant without expense to Landlord, in writingshall not be considered Tenant’s Property, to remain, which property and shall become be deemed the property of Landlord). Tenant shall also remove prior to the expiration or earlier termination of the Lease Term, at Tenant’s sole cost and expense, all telephone, computer and other electronic wiring and cabling installed for the benefit of Tenant or Sublandlord within the Premises and within the common ducts and shafts of the Building, including, without limitation, data/telco wiring that was part of the Premises at the time of Tenant’s original occupancy. Tenant shall use all necessary care in removing such wires and cables in order to avoid any damage to other tenant’s wiring and cabling or any disruption of service to such other tenants and Tenant agrees to be solely liable for any such damage or disruption of service caused by its removal. If Tenant fails to remove such wiring and cabling prior to the expiration or earlier termination of the Lease Term, Landlord may remove such wires and cables and Tenant shall repair pay the cost of such removal within ten (to Landlord's reasonable satisfaction10) any damage to the Premises or the Property resulting from any installation and/or removal days after delivery of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlorda bxxx thereof.

Appears in 1 contract

Samples: Lease Agreement (Summit Semiconductor Inc.)

Tenant’s Property. All movable non-structural partitions, business ----------------- and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time tune during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Maxwell Shoe Co Inc

Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant’s sole risk, business and trade the Landlord and its partners, agents and employees (collectively, “Landlord Parties”) shall not be liable for any damage to or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever, nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, (unless and only to the extent caused solely by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofDemised Premises. At or before the Expiration Date, or the date No storage of any earlier termination, Tenant, at its expense, shall remove from kind will be allowed on the Premises all exterior of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; the Building or as Landlord shall have expressly permitted, in writing, to remain, which property shall become on the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to Common Areas serving the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Lease (Senseonics Holdings, Inc.)

Tenant’s Property. All movable non-structural partitions, business Initial Improvements and all Alterations shall be and remain part of the Premises (and at no time constitute Tenant’s trade fixtures), machinery shall not be removed by Tenant at any time, and equipmentshall be deemed and become the property of Landlord upon the expiration or other termination of the Term. Notwithstanding the provisions of the immediately preceding sentence, communications equipment those Initial Improvements and office equipment Alterations that (a) are installed by Tenant at its sole expense, without contribution or reimbursement, in whole or in part, by Landlord out of Landlord’s Contribution or otherwise, (b) are not affixed to any part of the Premises byReal Property, (c) are not part of the air conditioning equipment or for ductwork, (d) do not affect the account ofelectrical heating, Tenant plumbing or other Building systems or any structural portions of the Building and without expense to Landlord and that can (e) may be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and (items that satisfy the conditions of clauses (a) through (e) of this Section 4.03 shall be referred to as “Tenant’s Property”). Tenant may be removed by Tenant remove Tenant’s Property from the Premises at any time during the Term, provided Tenant repairs or pays the cost . All of repairing any damage to the Premises or to the Tenant’s Property resulting shall be removed from the installation and/or removal thereof. At or before Real Property upon the Expiration Date, or expiration of the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)Term, and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Real Property resulting from any installation and/or removal of Tenant's Propertysuch removal. Any other items of Tenant's ’s Property that shall remain in remaining on the Real Property for more than twenty (20) days after Tenant vacates the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, shall be deemed to have been abandoned, abandoned by Tenant and in such case, such items may be retained dealt with by Landlord as in any manner that Landlord sees fit without liability of any kind to Tenant unless caused by the negligence or other tortious acts of Landlord or its property agents or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expenseemployees. Notwithstanding the foregoing, if Tenant is in default under the terms The provisions of this Lease, Tenant may remove Tenant's Property from Section shall survive the Premises only upon expiration or sooner termination of the express written direction of LandlordTerm.

Appears in 1 contract

Samples: Lease (Digitas Inc)

Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant’s sole risk, business and trade the Landlord and its partners, agents and employees (collectively, “Landlord Parties”) shall not be liable for any damage to or loss of any personal property arising (i) from any acts or negligence of any other persons, (ii) from the leaking of the roof, (iii) from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, (iv) from the handling of electric wires or fixtures, or (v) from any other cause whatsoever, nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, unless and only to the extent such damage, loss or injury is caused by the negligence or willful misconduct of the respective Landlord Parties; the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofDemised Premises. At or before No storage of any kind will be allowed on the Expiration Dateexterior of the Building, or on the date of any earlier termination, Tenant, at its expense, shall remove from Common Areas serving the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Lease Agreement (Avalon Pharmaceuticals Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and fixtures equipment, communications equipment improvements and office equipment that are installed in installations attached to, or built into, the Premises by, at the commencement of or for during the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") Term shall be and shall remain part of the Premises and be deemed the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage Landlord except if installed pursuant to the Premises or to terms hereof at the expense of Tenant (“Tenant’s Property”). Tenant may (provided that Tenant is not then in default beyond any applicable notice and grace periods hereunder), but shall not be required to, remove Tenant’s Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises during the term of this Lease. Prior to the expiration or earlier termination of this Lease, Tenant shall remove all or part of Tenant's ’s Property and any Alterations that constitutes Moveable Property (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become hereinafter defined) from the property of Landlord)Premises, and Tenant shall repair (to Landlord's reasonable satisfaction) repair, or shall reimburse Landlord upon demand for the cost of repairing, any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's PropertyBuilding occasioned by such removal. Any other items of Tenant's ’s Property that constitutes Moveable Property which shall remain in the Premises after the Expiration Datenot be removed as aforesaid, or following an earlier termination datemay be removed by Landlord at Tenant’s expense or, mayif not so removed, at the option of Landlord, shall be deemed to have been abandonedabandoned by Tenant. Moveable Property means all moveable furniture, equipment and in any other items, which are the property of Tenant and are not affixed to the Premises, excluding shelving. Tenant shall be allowed to use solely during the term of the Lease and any renewal thereof, any existing improvements and or equipment within the Premises (if any), including any Heating/Air Conditioning Units, sprinklers and smoke detectors (the “Existing Equipment”), provided it maintain and make all necessary repairs to such caseExisting Equipment, at its sole cost and expense, beyond the warranty for such items may (if any), which shall be retained newly installed by Landlord as its property or be disposed pursuant to Exhibit B. All such Existing Equipment shall remain part of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only and may not be removed by Tenant upon the express written direction expiration of Landlordthe Lease term.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Realty Capital New York Recovery Reit Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Leased Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyLeased Premises, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Leased Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Leased Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Dateexpiration date of the Lease, or the date of any earlier termination, Tenant, at its expense, shall remove from the Leased Premises all of Tenant's Property and any Alterations alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Leased Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Leased Premises after the Expiration Dateexpiration or earlier termination of the Lease, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Leased Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Blonder Tongue Laboratories Inc)

Tenant’s Property. All movable non-structural partitionsAlterations, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are personal property installed in the Premises byat Tenant's expense ("Tenant's Property") shall remain as Tenant's property, and Tenant shall be entitled to all depreciation, amortization, and other tax benefits with respect thereto. Prior to the expiration or for the account ofearlier termination of this Lease, Tenant and without expense to Landlord and that can be removed without structural damage to the shall remove all of Tenant's Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing repair any damage to the Premises or to Premises, the Property resulting from the installation and/or removal thereof. At or before the Expiration DateBuilding, or the date Parking Lot caused by that removal; provided, however, Tenant shall not remove any Alterations that cannot removed without structural injury to the Premises. If Tenant fails to complete the removal and/or restoration before expiration of any the Lease Term or, in the case of earlier termination, within fifteen (15) days after written notice from Landlord requesting the restoration, Landlord may do so and charge the cost of the removal and/or restoration to Tenant. Notwithstanding the above, Landlord shall promptly advise Tenant, at its expenseupon Tenant's request from time to time, shall remove from of the Alterations which Tenant may leave on the Premises all of if Tenant so elects. To the extent Landlord so advises Tenant's Property , Tenant may elect to leave the subject and identified Alterations in the Premises without any Alterations (except such items thereof as constitute liability to Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property event the subject Alterations shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to Landlord upon the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ilog Sa)

Tenant’s Property. All movable non-structural partitionsIn addition to the Rent to be paid by Tenant hereunder, business and trade fixturesTenant shall pay to Landlord, machinery and equipment, communications equipment and office equipment that are installed in the Premises byupon demand, or for the account ofwhere applicable, Tenant and without expense to Landlord and that can be removed without structural damage directly to the Propertytaxing authority, when due, Tenant's allocable share of any and all furnituretaxes payable by Landlord (other than net income taxes) whether or not now customary or within the contemplation of the parties hereto: (a) upon, furnishings and other articles allocable to, or measured by the Rent payable hereunder, including, without limitation, any gross receipts tax or excise tax levied by any governmental or taxing body with respect to the receipt of movable personal property owned such Rent (excluding general income taxes of Landlord); or (b) upon or with respect to the leasing, operation, management, use or occupancy by Tenant and located in of all or any part of the Premises Demised Premises; or (collectively, c) upon (i) the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all measured value of Tenant's Property and located in the Demised Premises or in any Alterations (except such items thereof as constitute Landlord's Property; storeroom, garage or as Landlord shall have expressly permitted, any other place in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Demised Premises or the Property resulting from Complex, and (ii) any installation and all fixtures and/or removal Improvements, it being the intention of Landlord and Tenant that, to the extent possible, any such taxes (real, personal or otherwise) shall be billed to and paid directly by Tenant's Property. The parties will endeavor to cause the applicable taxing authority to itemize such taxes separately for the convenience of the parties, but, if unsuccessful, Landlord shall reasonably itemize and allocate such taxes to be payable by Tenant. Tenant shall pay all such taxes becoming due after the expiration of the Term which are attributable to a portion of the Term and such obligation shall survive the end of the Term. Any other items of Tenant's Property that reimbursement referred to in this Section 10.1 shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained collected by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default Additional Rent under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Agreement (Playtex Products Inc)

Tenant’s Property. All movable non-structural partitionsIf Tenant shall fall to remove all affects from the leased premises upon the abandonment thereof or upon the termination of this lease for any cause whatsoever, business Landlord, at its option, may remove such effects in any manner that it shall choose and trade fixturesstore them without liability to Landlord for loss or damage thereof, machinery and equipmentTenant agrees to pay Landlord on demand any and all expenses incurred in such removal, communications equipment including court costs, attorney’s fees, and office equipment that are installed in the Premises bystorage charges on such effects for any length of time they shall be In Landlord’s possession; or Landlord, at its option, without notice, may sell said effects, or for the account ofany of them, Tenant at private’ sale and without expense legal process, for such prices as Landlord may obtain, and apply the proceeds of such sale against any amounts due under this lease from Tenant to Landlord and that can against the expenses incident to the removal and sale of said effects, rendering the surplus, if any, to Tenant. Tenant hereby conveys to Landlord all of the personal property of Tenant situated on the leased premises as security for the payment of all rentals due or to become due hereunder, and Xxxxxx agrees to execute such documents as Landlord may reasonably require to evidence Xxxxxxxx’s security interest therein. Said property shall not be removed without structural damage therefrom (except to the Propertyextent such property is replaced with an item of equal or greater value) without the consent of Landlord until all rent due or to become due hereunder shall have first been paid and discharged. It is intended by the parties hereto that this instrument shall have the effect of a mortgage or lien upon such property, and Landlord, upon default of Tenant in the payment of rent, may take possession of said property either for its own use or to sell the same at public or private sale, as Landlord so chooses, and out of the money derived therefrom, pay the amount due Landlord, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property costs resulting from the installation and/or removal thereofexecution of the provisions hereof, paying the surplus, if any, to Tenant. At or before the Expiration DateIf said property, or the date of any earlier termination, Tenant, at its expenseportion thereof, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as be offered at publicauction, Landlord shall have expressly permitted, in writing, to remain, which property shall may become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordpurchaser thereof.

Appears in 1 contract

Samples: Lease Agreement (Alphasmart Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipmentequipment (including ovens, refrigerators & freezers walk-in or otherwise), communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. thereof At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms Rider 8A Initial Alterations Notwithstanding the foregoing, Landlord acknowledges that in connection with the initial buildout of the Premises for Tenant's intended uses, Tenant shall have the right, but not the obligation to reuse any fixtures, equipment and or cabinetry currently in use in any of the premises governed by the Existing Leases (defined in Exhibit C); provided, all such fixtures, equipment and or cabinetry shall be in good working order at the time of installation in the premises and further provided that tenant is entitled to remove the same under the terms of the Existing Leases. Rider 8B Permitted Alterations Notwithstanding anything to the contrary set forth in this Section 11 Tenant shall have the right, without Landlord's consent to make any nonstructural modifications or alterations to the interior of the Building which Tenant deems necessary or appropriate to Tenant's permitted use of the Building; provided, however that (i) Tenant shall deliver remodel plans to Landlord not less than 2 weeks prior to commencing construction; and (ii) Tenant shall not, without Landlord's prior written consent, modify or otherwise alter the Building's electrical, plumbing, HVAC or other building systems. Landlord may, at any time prior to the tenth day after the last day of the Lease Term, provide Tenant written notice specifying that all or any portion, as determined by Landlord, of the alterations or modifications made by Tenant to the Building or the Premises must be removed by Tenant. Tenant shall, within 10 days after its receipt of such notice or the end of the Lease Term, whichever is later, remove all such alterations or modifications specified by Landlord and restore the portions of the Building or Premises, as the case may be, that were affected by such alterations or modifications to their conditions as of immediately prior to the commencement of the alterations or modifications. All other alterations or modifications made by Tenant shall remain in the Building or Premises. of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (MRS Fields Financing Co Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyProperty and/or Building, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Termterm, provided that Tenant repairs or pays the cost of repairing any damage to the Premises Premises, Building or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Dateexpiration date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises (i) all of Tenant's Property ’s Property, and (ii) any Alterations (except such items thereof alterations, if any, as constitute Landlord's Property; or as Landlord shall have expressly permitted, agreed in writing, to remain, which property shall become the property of Landlord)writing in accordance with Section 5.2 hereof, and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises Premises, Building or the Property resulting from any installation and/or removal of Tenant's Propertysuch property. Any other items If Tenant fails to remove any of Tenant's Property that shall remain in ’s Property, or to restore the Premises to the required condition, within three (3) days after the Expiration Datetermination of this Lease or Tenant’s right to possession, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's ’s sole cost and expense, shall be entitled (but not obligated) to remove and store Tenant’s Property and/or perform such restoration of the Premises. Notwithstanding Landlord shall not be responsible for the foregoingvalue, if preservation or safekeeping of Tenant’s Property. Tenant is in default under shall pay Landlord, upon demand, the terms of this Lease, expenses and storage charges incurred. If Tenant may fails to remove Tenant's ’s Property from the Premises only upon the express written direction or storage, within thirty (30) days after notice, Landlord may deem all or any part of Tenant’s Property to be abandoned and, at Landlord’s option, title to Tenant’s Property shall vest in Landlord or Landlord may dispose of Tenant’s Property in any manner Landlord deems appropriate.

Appears in 1 contract

Samples: Lease (Quanterix Corp)

Tenant’s Property. All movable non-structural partitionsIf Tenant abandons the Demised Premises, business and trade fixturesas defined in Section 12.7(a) above, machinery and equipmentany property that Tenant leaves within or related to the Demised Premises shall be deemed to have been abandoned and, communications equipment and office equipment that are installed without liability to Tenant, may be disposed of in the Premises bytrash or retained by Landlord as the property of Landlord or disposed of at public or private sale, or for placed at the account ofuse of another occupant in the Building or the Complex or any subsequent occupant in the Demised Premises, Tenant and without as Landlord sees fit in its sole discretion, all at no cost or expense to Landlord or such other person permitted to use all or a portion of Tenant's Property hereunder, or Landlord may store Tenant's Property at a location selected by Landlord in its sole discretion at Tenant's sole cost and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles expense. The proceeds of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") any public or private sale of Tenant's Property shall be applied by Landlord against (i) the expenses of Landlord for removal, storage or sale of the property; (ii) the arrears of Base Annual Rent, Additional Rent or other sums then or thereafter payable under this Lease; and shall remain the property of Tenant and (iii) any other damages to which Landlord may be removed by Tenant entitled hereunder. At Landlord's option, at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Lease Term after default by Tenant, at its expensebeyond the applicable notice and cure periods, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, may require Tenant to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may forthwith remove Tenant's Property from the Demised Premises. If Tenant vacates or abandons the Demised Premises, as defined above, Landlord may transfer any of Tenant's Property to creditors of Tenant, on presentation of evidence of a claim valid on its face of ownership or of a security interest in any of Tenant's Property abandoned in the Demised Premises only upon or the express written direction of LandlordBuilding, and Landlord may recover any costs incurred by Landlord in doing so, all without incurring any liability to Tenant.

Appears in 1 contract

Samples: Quadramed Corp

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense, together with an additional twenty one (21%) percent of such costs for Landlord's overhead and profit. Notwithstanding the foregoing, if after an Event of Default Tenant vacates the Premises or is in default under the terms dispossessed of this Leasepossession thereof, Tenant may thereafter remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Eyetech Pharmaceuticals Inc

Tenant’s Property. All movable non-structural partitions, unattached business and trade fixtures, machinery and equipment, computer and communications equipment and office equipment that which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the Property, Building and all furniture, furnishings (excluding window coverings), signs, inventory, merchandise and other articles of movable personal property owned by Tenant Xxxxxx and located in the Premises (collectively, the "TENANT'S PROPERTY"herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Termterm of this Lease; provided, provided that if any of Tenant’s Property is removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to any other portion of the Property Project resulting from the installation and/or removal thereof. At In addition, any equipment or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as other property for which Landlord shall have expressly permittedgranted any allowance, in writingcredit or other type of accommodation to Tenant shall be deemed not to have been installed by or for the account of Tenant without expense to Landlord and shall be removed by Tenant at the expiration or earlier termination of the Lease Term, to remain, which property shall become the property of Landlord), and provided that Tenant shall repair (to Landlord's reasonable satisfaction) or pay the cost of repairing any damage to the Premises or any other portion of the Property Project resulting from any installation and/or the removal of Tenant's Propertysuch equipment or property. Any other items of Tenant's Property that Tenant shall remain in also remove prior to the Premises after the Expiration Date, expiration or following an earlier termination date, may, at of the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountabilityLease Term, at Tenant's ’s sole cost and expense, all telephone, computer and other electronic wiring and cabling installed for the benefit of Tenant within the Premises and within the common ducts and shafts of the Building. Notwithstanding Such removal shall be accomplished by a properly licensed and certified company reasonably approved by Landlord and, at Landlord’s election, shall be subject to the foregoingoversight and supervision of Landlord. Tenant shall use all necessary care in removing such wires and cables in order to avoid any damage to other tenant’s wiring and cabling or any disruption of services and Tenant agrees to be solely liable for any such damage or disruption of service caused by its removal. If Tenant fails to remove such wiring and cabling prior to the expiration or earlier termination of the Lease Term, if Tenant is in default under the terms of this Lease, Tenant Landlord may remove Tenant's Property from such wires and cables and Tenant shall pay the Premises only upon the express written direction cost of Landlordsuch removal within ten (10) days after delivery of a bill therefor.

Appears in 1 contract

Samples: Lease

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, or for the account of, by Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyLandlord, and all furniture, furnishings and other articles of movable personal property owned by the Tenant and located in the Premises (collectivelyDemised Premises, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, term of this Lease; provided (i) that Tenant repairs shall repair or pays pay the cost of repairing any damage to the Demised Premises or to the Property resulting from such removal, (ii) that Tenant is not in default of the installation and/or removal thereof. At or before the Expiration Date, or the date terms of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)this Lease, and Tenant (iii) that the provisions of this Section 12(a) shall repair (to Landlord's reasonable satisfaction) any damage be subject to the Premises or the Property resulting from any installation and/or removal provisions of Tenant's PropertySection 18 below. Any other items of Tenant's Property that ’s property (except money, securities and other like valuables) which shall remain in the Demised Premises after the Expiration Datedate fixed for termination of this Lease, (except, in the event Tenant remains in possession of the Demised Premises at the termination of this Lease and subject to Paragraph 36(c)) or after a period of ten (10) days following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items case either may be retained by Landlord as its property or may, at Tenant’s expense, be disposed of by Landlordof, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is and in default under the terms of this Lease, Tenant such manner as Landlord may remove Tenant's Property from the Premises only upon the express written direction of Landlordsee fit.

Appears in 1 contract

Samples: Lease Agreement (Secured Financial Network, Inc.)

Tenant’s Property. All movable non-structural partitions, ------------------ business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S Tenant's PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Data Call Technologies

Tenant’s Property. All movable movable, non-structural partitions, business partitions and trade fixtures, all machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the PropertyPremises, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Demised Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Dateexpiration date of the Lease, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Dateexpiration or earlier termination of the Lease, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Agreement of Sale (Blonder Tongue Laboratories Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, but subject to a lien by Tenant’s lender if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: M Wave Inc

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Magnetek, Inc.

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and Tenant's Property shall remain the property of Tenant and Tenant may be removed by Tenant remove the same at any time during on or before the TermExpiration Date. On or prior to the Expiration Date, provided Tenant repairs or pays shall, unless otherwise directed by Landlord, at Tenant's expense, remove any Specialty Alteration and close up any slab penetrations in the cost of repairing Premises. Tenant shall repair and restore, in a good and workmanlike manner, any damage to the Premises or the Building caused by Tenant's removal of any Specialty Alterations or Tenant's Property or by the closing of any slab penetrations, and upon default thereof, Tenant shall reimburse Landlord, on demand, for Landlord's cost of repairing and restoring such damage. Any Above Building Standard Installations (as hereinafter defined) or Tenant's Property not so removed shall be deemed abandoned and Landlord may remove and dispose of same, and repair and restore any damage caused thereby, at Tenant's cost and without accountability to Tenant. Tenant shall not be required to remove any of the Initial Installations or any subsequent Alterations unless, in either case, the same constitute Specialty Alterations which Landlord advises Tenant must be removed at the time consent thereto was granted. Concurrently with the issuance of its consent to the Property resulting from performance of the installation and/or removal thereof. At Initial Installations or before of any Alterations, Landlord will notify Tenant whether any such component of the Expiration DateInitial Installations or any such Alterations, or any material component thereof (including, without limitation, any oversized or exposed conduit) not expressly included within the date definition of any earlier termination, Specialty Alterations is considered by Landlord to be such. Mechanic's Liens. Tenant, at its expense, shall remove from discharge any lien or charge filed against the Premises all of Tenant's Real Property and in connection with any Alterations (except such items thereof as constitute Landlord's Property; work done or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed claimed to have been abandoneddone by or on behalf of, and or materials furnished or claimed to have been furnished to, Tenant, within 10 days after Tenant's receipt of notice thereof by payment, filing the bond required by law or otherwise in such caseaccordance with law. Labor Relations. Tenant shall not employ, such items may or permit the employment of, any contractor, mechanic or laborer, or permit any materials to be retained by Landlord as its property delivered to or be disposed of by Landlordused in the Building, if, in Landlord's sole and absolute discretion and without accountabilityjudgment, at Tenant's expense. Notwithstanding such employment, delivery or use will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the foregoingconstruction, if Tenant is in default under maintenance or operation of the terms of this LeaseBuilding by Landlord, Tenant may remove Tenantor others. If such interference or conflict occurs, upon Landlord's Property from request, Tenant shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Premises only upon the express written direction of LandlordBuilding immediately.

Appears in 1 contract

Samples: Lease (PMC Sierra Inc)

Tenant’s Property. All movable non-structural partitionsalterations, business additions, and trade fixturesimprovements in, machinery and equipmenton, communications equipment and office equipment that are installed in or to the Premises bymade or installed by Tenant, or other than the Tenant’s Work paid for by the account ofTenant Improvement Allowance, Tenant and without expense to Landlord and that can be removed without structural damage to the Propertyincluding carpeting, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant during the Term but, excepting furniture, equipment, machinery, furnishings, movable partitions and may be removed by other trade fixtures and personal property (“Tenant’s Property”), shall become a part of the realty and belong to Landlord without compensation to Tenant at any time during upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as by a xxxx of sale. Upon election by Landlord with respect to any Non-Standard Alteration (as hereinafter defined) and provided Landlord informs Tenant repairs or pays of such election at the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date time Tenant requests approval of any earlier terminationalterations, TenantTenant shall, at its Tenant’s sole cost and expense, shall forthwith and with all due diligence remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Non-Standard Alteration which are designated by Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord)be removed prior to such alterations being made, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair (to Landlord's reasonable satisfaction) and restore any damage caused to the Premises by such removal. As used herein, the term “Non-Standard Alteration” shall mean and refer to any Alteration which is not normal and customary for general business or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such caseoffice use, such items may be retained by Landlord as its property or be disposed of by Landlordraised flooring, in Landlord's sole and absolute discretion and without accountabilityfountains, at Tenant's expense. Notwithstanding the foregoingswimming pools, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordetc.

Appears in 1 contract

Samples: Lease (Dunkin' Brands Group, Inc.)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipmentfurnishings, communications equipment and office equipment that are personal property placed in the Premises by Tenant, the portions of the FF&E which constitute moveable office-type furnishings, and all computer, telecommunications or other cabling and wiring and associated conduit installed in the Premises by, or elsewhere at the Property by or for the account of, benefit of Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the expiration of the Term, provided Tenant repairs or pays . In no event shall Tenant’s Property include (and the cost of repairing any damage to same shall remain in the Premises at the expiration or to earlier termination of this Lease) (i) any of the Property resulting from FF&E (other than moveable office-type furnishings), (ii) any cabling, wiring and associated conduit existing in the installation and/or removal thereof. At or before Premises as of the Expiration Commencement Date, or (iii) any fixtures, furnishings, or equipment paid for with the date of any earlier termination, TenantFinish Work Allowance. Tenant shall, at its cost and expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal caused by such removal. Any of Tenant's ’s Property not removed from the Premises prior to the Expiration Date shall, at Landlord’s option, become the property of Landlord. Landlord may remove such Tenant’s Property, and Tenant shall pay to Landlord, Landlord’s cost of removal and of any repairs in connection therewith in accordance with Section 4.4 hereof. Any other Notwithstanding anything to the contrary in this Lease, Landlord shall have the right to notify Tenant at least sixty (60) days prior to the Expiration Date, or if the Lease terminates earlier, within thirty (30) days after such termination, whether the items of designated on Exhibit 8.4, attached, shall not be considered Tenant's ’s Property that and shall remain in the Premises after at the Expiration Date, expiration or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: And Attornment Agreement (Organogenesis Holdings Inc.)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. At or before the Expiration Date, or the date of any earlier termination, Tenant shall remove any Alterations which Landlord required, at the time of granting of Landlord's consent under this Lease, to be removed, or if such consent was not required under this Lease, which Landlord did not expressly in writing permit to remain within thirty (30) days after a written request by Tenant to Landlord for such determination. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Protarga Inc

Tenant’s Property. All movable non-structural partitions, unattached business and trade fixtures, machinery and equipment, computer and communications equipment and office equipment that which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the Property, Building and all furniture, furnishings (excluding window coverings), signs, inventory, merchandise and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"herein collectively called “Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Termterm of this Lease; provided, provided that if any of Tenant’s Property is removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to any other portion of the Property Project resulting from the installation and/or removal thereof. At In addition, any equipment or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as other property for which Landlord shall have expressly permittedgranted any allowance, in writingcredit or other type of accommodation to Tenant shall be deemed not to have been installed by or for the account of Tenant without expense to Landlord and shall be removed by Tenant at the expiration or earlier termination of the Lease Term, to remain, which property shall become the property of Landlord), and provided that Tenant shall repair (to Landlord's reasonable satisfaction) or pay the cost of repairing any damage to the Premises or any other portion of the Property Project resulting from any installation and/or the removal of Tenant's Propertysuch equipment or property. Any other items of Tenant's Property that Tenant shall remain in also remove prior to the Premises after the Expiration Date, expiration or following an earlier termination date, may, at of the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountabilityLease Term, at Tenant's ’s sole cost and expense, all telephone, computer and other electronic wiring and cabling installed for the benefit of Tenant within the Premises and within the common ducts and shafts of the Building. Notwithstanding Such removal shall be accomplished by a properly licensed and certified company reasonably approved by Landlord and, at Landlord’s election, shall be subject to the foregoingoversight and supervision of Landlord. Tenant shall use all necessary care in removing such wires and cables in order to avoid any damage to other tenant’s wiring and cabling or any disruption of services and Tenant agrees to be solely liable for any such damage or disruption of service caused by its removal. If Tenant fails to remove such wiring and cabling prior to the expiration or earlier termination of the Lease Term, if Tenant is in default under the terms of this Lease, Tenant Landlord may remove Tenant's Property from such wires and cables and Tenant shall pay the Premises only upon the express written direction cost of Landlordsuch removal within ten (10) days after delivery of a xxxx therefor.

Appears in 1 contract

Samples: Lease

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's Xxxxxx’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's Xxxxxx’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Xxxxxx’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. In no event shall Tenant remove Landlord’s Property or any portion of Landlord’s Work. Tenant shall repair (to Landlord’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Datalink Corp

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Tenant’s Property. All movable non-structural partitionsIn addition to the Fixed Rent and other charges to be paid by Tenant hereunder, business Tenant shall pay Landlord upon demand, as Additional Rent, or where applicable directly to the taxing authority when due, for its share of any and trade fixturesall taxes payable by Landlord (other than net income taxes) whether or not now customary or within the contemplation of the parties hereto: (a) upon, machinery allocable to, or measured by the Rent payable hereunder, including, without limitation, any gross receipts tax or excise tax levied by any governmental or taxing body with respect to the receipt of such Rent; (b) upon or with respect to the possession, leasing, operation, management, maintenance, alteration (subsequent to the construction of the initial Tenant's Work, undertaken by Tenant, to ready the Demised Premises for Tenant's initial occupancy thereof), repair, use or occupancy by Tenant of all or any part of the Demised Premises; and equipment, communications equipment and office equipment that are installed (c) upon (i) the measured value of Tenant's personal property located in the Demised Premises byor in any storeroom, garage or for any other place in the account ofDemised Premises or the Project, Tenant and without expense to Landlord (ii) any and that can be removed without structural damage all fixtures and/or improvements in or to the Property, and all furniture, furnishings and other articles of movable personal property Demised Premises which are owned by Tenant and/or constructed, installed and/or paid for by Tenant, subsequent to the construction of the initial Tenant's Work, undertaken by Tenant, to ready the Demised Premises for Tenant's initial occupancy thereof, it being the intention of Landlord and located in Tenant that, to the Premises extent possible, any such taxes (collectivelyreal, the "TENANT'S PROPERTY"personal or otherwise) shall be billed to and paid directly by Tenant. Tenant shall remain pay all such taxes coming due after the property expiration of Tenant and may the Term which are attributable to a portion of the Term. No taxes required to be removed paid by Tenant at any time during the Termunder this Section 6.1 shall be included in Real Estate Taxes or Operating Expenses, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except as such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, terms are defined in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordSection 5.1 herein.

Appears in 1 contract

Samples: Separate Lease Agreement (Memberworks Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of TenantXxxxxx's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in LandlordXxxxxxxx's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Acceptance Agreement (Datalink Corp)

Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant's sole risk, business and trade the Landlord and its partners, agents and employees (collectively, "Landlord Parties") shall not be liable for any damage to or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever (unless and only to the extent caused by the negligence or willful misconduct of the Landlord or any Landlord Parties), nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, (unless and only to the extent caused solely by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants in neighboring buildings, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofBuilding. At or before No storage of any kind will be allowed on the Expiration Dateexterior of the Building, or on the date of any earlier termination, Tenant, at its expense, shall remove from Common Areas serving the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Lease Agreement (Large Scale Biology Corp)

Tenant’s Property. All movable nonThe Tenant shall be responsible for, and shall pay before delinquency, all municipal, county or state taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon or about the Demised Premises. The Landlord shall not be liable for any damage to property of the Tenant or of others located on the Demised Premises, nor for the loss of, or damage to, any property of the Tenant or of others by theft or otherwise. The Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Demised Premises, or from the pipes, appliances or plumbing works, or from the roof, street or sub-structural partitionssurface, business and trade fixturesor from any other place, machinery and equipmentor by dampness or by any other cause of whatever nature unless such loss, communications equipment and office equipment that are installed damage or injury is occasioned by the negligent acts or omissions of Landlord. The Landlord shall not be liable for any such damage caused by other tenants or persons in the Premises byDemised Premises, occupants of adjacent property, or the public, or caused by operations in construction of any private, public or quasi-public work. The Landlord shall not be liable for latent defect in the account ofDemised Premises. All property of the Tenant kept or stored on the Demised Premises shall be so kept or stored at the risk of the Tenant only, and the Tenant and without expense to shall hold the Landlord and that can be removed without structural harmless from any claims arising out of damage to the Propertysame, and all furnitureincluding subrogation claims by the Tenant's insurance carriers, furnishings and other articles unless such damage shall be caused by the willful act or gross neglect of movable personal property owned by the Landlord. The Tenant and located shall give immediate notice to the Landlord in case of fire or accident in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or to in the Property resulting from building of which the installation and/or removal thereof. At or before the Expiration Datepremises are apart, or of defects therein or in any fixtures or equipment. 24 WASTE, GOVERNMENTAL REGULATIONS: The Tenant shall not commit, or suffer to be committed, any waste upon the date of Demised Premises, or any earlier termination, Tenantnuisance. The Tenant shall, at its sole cost and expense, shall remove from the Premises comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises, all municipal and county ordinances and state and federal statutes now in force, or which may hereafter be in force. 25 EXCULPATION: Tenant agrees that it shall look solely to the estate and property of the Landlord in the land and building of which the Demised Premises are a part for the collection of any judgment (or any other judicial process) requiring the payment of money by Landlord in the event of any default or breach by the Landlord with respect to any of the terns, covenants and conditions of this Lease to be observed and performed by the Landlord and no other property or estates of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of the Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordremedies.

Appears in 1 contract

Samples: Lease (Net Element, Inc.)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in If the Premises byor any part thereof shall have been rendered unfit for use and occupation hereunder by reason of such damage, the Basic Rent or for the account ofa just and proportionate part thereof, Tenant and without expense to Landlord and that can be removed without structural damage according to the Propertynature and extent to which the Premises shall have been so rendered unfit, and all furniture, furnishings and other articles shall be suspended or abated from the time of movable personal property owned by Tenant and located in such damage until the Premises (collectively, except as to the "TENANT'S PROPERTY"property which is to be repaired by or at the expense of Tenant) shall have been restored as nearly as practicably may be to the condition in which they were immediately prior to such fire or other casualty and a certificate of occupancy issued permitting Tenant's use of the Premises. Landlord shall remain not be liable for delays in the property making of any such repairs which are due to governmental regulations, casualties and strikes, and other causes beyond the control of Landlord, nor shall Landlord be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting from reasonable delays in repairing such damage. In case the Building or at least 25% thereof is so damaged by such fire or other casualty that substantial alteration or reconstruction (which may reasonably be expected to take nine months or longer of actual construction time to complete) of the Building shall be required, then, whether or not the Premises shall have been damaged by such fire or other casualty, this Lease and the Term hereof may be removed terminated at the election of Landlord or Tenant by Tenant at a notice in writing of its election so to terminate, which termination shall be effective not less than thirty (30) days after the day on which such termination notice is received. In the event of any time during such termination, this Lease and the Term, provided Tenant repairs or pays Term hereof shall expire as of such effective termination date and the cost Rent shall be apportioned as of repairing any damage to such date; and if the Premises or to any part thereof shall have been rendered unfit for use and occupation by reason of such damage, the Property resulting Basic Rent for the period from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; fire or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage other casualty to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier effective termination date, mayor a just and proportionate part thereof, at according to the option of Landlord, be deemed nature and extent to which the Premises shall have been abandonedso rendered unfit, shall be abated and in any security deposits and other expense deposits shall be returned to the extent that such case, such items may be retained by Landlord as its property or be disposed deposits represent a period after the expiration of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordTerm.

Appears in 1 contract

Samples: Lease (Zefer Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as Alterations that constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, failed to remainprovide written notice requiring removal, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Digital Lightwave Inc

Tenant’s Property. All movable non-structural partitions18.1. Notwithstanding anything hereinbefore contained to the contrary, business provided Tenant complies with applicable Legal Requirements and all applicable Insurance Requirements, Tenant shall have the right, at its expense, to install, maintain and operate such moveable machinery or equipment including, without limitation, telecommunication equipment, data processing equipment and trade fixturesfixtures as may be required for the proper conduct of Tenant's business, except that if any thereof or the installation of any thereof shall require alterations, or shall materially adversely affect electrical, mechanical, HVAC or other Building systems, or if any bulky machinery or equipment which shall block all or a major portion of any window of the Premises shall be visible from outside the Premises (including, without limitation, main-frame computers but excluding machinery and equipment, communications equipment and office equipment that are installed used in the Premises bysuch as desks, or for the account oftelephones, personal computers and other similar moveable office equipment and furniture), Landlord's prior written consent, if any, in accordance with and in compliance with Article 15 shall be required, which consent shall not be unreasonably withheld. If Landlord shall fail to respond to a request made by Tenant and without expense to install any such item within ten (10) Business Days after receiving such request, Landlord's failure to respond shall be deemed to mean that Landlord and that can be removed without structural damage has approved such installation. Subject to the Propertyprovisions of this Article, any and all such movable machinery or equipment including, without limitation, telecommunication equipment, data processing equipment and trade fixtures installed by Tenant and all furniture, furnishings and other articles items of movable personal property owned by Tenant and located in the Premises (collectively, the sometimes herein collectively called "TENANT'S PROPERTY") shall be and Tenant's Property" shall remain personalty notwithstanding the property of Tenant and fact that same may be removed by Tenant at any time affixed or attached to the realty, and shall, during the TermTerm or any extension or renewal thereof, belong to and be removable by Tenant, provided that Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Dateshall comply with, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of and Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permittedbe subject to, in writing, to remain, which property shall become the property provisions of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordSection 18.2 hereof.

Appears in 1 contract

Samples: Agreement of Lease (Wellchoice Inc)

Tenant’s Property. All movable non-structural partitionsAny equipment, business and trade fixtures, machinery goods or other property of the Tenant, not removed by the Tenant upon the termination of this lease, or upon any quitting, vacating or abandonment of the premises by the Tenant, or upon the tenant's eviction, shall be considered as abandoned and equipmentthe Landlord shall have the right, communications equipment without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and office equipment that are installed shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 19th Remedies upon Tenant's Default: If there should occur any default on the part of the Tenant in the Premises byperformance of any conditions and covenants herein contained, or if during the term hereof the premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies therein contained or as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefore, or for damages, re-enter the account ofsaid premises and the same have and again possess and enjoy; and as agent for the Tenant or otherwise, Tenant re-let the premises and without expense to Landlord receive the rents therefore and that can be removed without structural damage apply the same, first to the Propertypayment of such expenses, reasonable attorney fees and all furniturecosts, furnishings as the Landlord may have been put to in re-entering and other articles repossessing the same and in making such repairs and alterations as may be necessary; and second to the payment of movable personal property owned by the rents due hereunder. The Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and liable for such rents as may be removed in arrears and also the rents as may accrue subsequent to the re-entry by Tenant at any time the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the Termremainder of the unexpired term hereof, provided Tenant repairs or pays after deducting the cost of repairing any damage aforementioned expenses, fees and costs; the same to the Premises or to the Property resulting from the installation and/or removal thereofbe paid as such deficiencies arise and are ascertained each month. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.20th

Appears in 1 contract

Samples: Lease Agreement (Bedford Holdings Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Premises or to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of TenantXxxxxx's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense, together with an additional fifteen percent of such costs for Landlord's overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord. 13.

Appears in 1 contract

Samples: Lease Agreement (Instructivision Inc)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Wentworth Ii Inc

Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant's sole risk, business and trade the Landlord and its partners, agents and employees (collectively, "Landlord Parties") shall not be liable for any damage to or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever, nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, (unless and only to the extent caused by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofDemised Premises. At or before No storage of any kind will be allowed on the Expiration Dateexterior of the Building, or on the date of any earlier termination, Tenant, at its expense, shall remove from Common Areas serving the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Lease (Advancis Pharmaceutical Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Premises or to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense, together with an additional twenty one (21%) percent of such costs for Landlord's overhead and profit. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord. 13.

Appears in 1 contract

Samples: Classica Group Inc

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord Landlord, and that can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Bway Corp

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except that, at such items thereof as constitute Landlord's Property; or time as Landlord shall have expressly permittedconsents to such Alterations, in writing, to remain, which property shall become Landlord informs Tenant that such Alterations must be removed from the property Premises at the end of Landlord), the Term and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property’s Property or Alterations. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Makemusic Inc

Tenant’s Property. All movable non-structural partitionsThe Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be and remain there at Tenant’s sole risk, business and trade the Landlord and its partners, agents and employees (collectively, “Landlord Parties”) shall not be liable for any damage to or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever (unless and only to the extent caused by the negligence or willful misconduct of the Landlord or any Landlord Parties), nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, (unless and only to the extent caused solely by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery and equipment, communications equipment and office equipment that are installed in the Demised Premises by, which may cause unreasonable vibration or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Demised Premises or unreasonably disturb or annoy other tenants in neighboring buildings, nor to use a loud speaker or any other device nor conduct any activity in or at the Property resulting from Demised Premises which can be heard outside the installation and/or removal thereofBuilding. At or before No storage of any kind will be allowed on the Expiration Dateexterior of the Building, or on the date of any earlier termination, Tenant, at its expense, shall remove from Common Areas serving the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of LandlordBuilding.

Appears in 1 contract

Samples: Agreement of Sublease (Advancis Pharmaceutical Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, . Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's ’s reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's ’s Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Sed International Holdings Inc

Tenant’s Property. All movable non-structural partitions, business and ------------ ----------------- trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the hereinafter collectively referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the TermTerm of this Lease. Tenant's Property shall be deemed to include Tenant's machinery which is bolted or otherwise affixed to the floor or the ceiling of the Premises, provided and any wiring related thereto. In the event Tenant's Property is so removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or or removal thereof. At Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant shall not be deemed to have been installed by or for the account of Tenant without expense to Landlord, shall not be considered Tenant's Property and shall be deemed the property of Landlord. On or before the Expiration Date, or the date of any earlier terminationtermination hereof, or within five (5) days after such earlier termination date, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, permitted to remain, which property shall become the property of Landlord), and . Tenant shall repair (pay prior to Landlord's reasonable satisfaction) delinquency any damage and all taxes or fees levied upon or with respect to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option any of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlordit.

Appears in 1 contract

Samples: Office Building Lease (Four Media Co)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's ’s Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, shall be deemed to have been abandoned, and in such case, such items may shall be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Acceptance Agreement (Qumu Corp)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, computer and communications equipment and office equipment that which are installed in the Premises by, or other portions of the Project by or for the account of, of Tenant and without expense to Landlord and that which can be removed without structural damage to the Property, Buildings and all furniture, furnishings (excluding window coverings) and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the herein collectively called "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Termterm of this Lease; provided, provided that if any of Tenant's Property is removed, Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to any other portion of the Property Project resulting from the installation and/or removal thereof. At Any equipment or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as other property for which Landlord shall have expressly permittedgranted any allowance, in writingcredit or other type of accommodation to Tenant shall be deemed not to have been installed by or for the account of Tenant without expense to Landlord, to remainshall not be considered Tenant's Property, which property and shall become be deemed the property of Landlord), and . Tenant shall repair (to Landlord's reasonable satisfaction) any damage also remove prior to the Premises expiration or earliest termination of the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountabilityLease Term, at Tenant's sole cost and expense, all telephone, computer and other electronic wiring and cabling installed for the benefit of Tenant within the Premises and within the common ducts and shafts of the Building. Notwithstanding Tenant shall use all necessary care in removing such wires and cables in order to avoid any damage to or any disruption of services and Tenant agrees to be solely liable for any such damage or disruption of service caused by its removal. If Tenant fails to remove such wiring and cabling prior to the foregoingexpiration or earlier termination of the Lease Term, if Tenant is in default under the terms of this Lease, Tenant Landlord may remove Tenant's Property from such wires and cables and Tenant shall pay the Premises only upon the express written direction cost of Landlordsuch removal within ten (10) days after delivery of a bill xxxreof.

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Tenant’s Property. All movable non-structural partitionsExcept for the generator serving the Premises and owned by Tenant during the Term of the Lease (“Generator”), all unattached business and trade fixtures, machinery and equipment, communications equipment and office equipment that are installed in brought to the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectivelytogether, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereofTenant. At or before the Expiration Date, expiration or the date termination of any earlier terminationthis Lease, Tenant, at its expense, shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property Building resulting from any installation and/or removal of Tenant's ’s Property. Tenant shall remove, at or prior to the expiration or termination of this Lease, at its expense, all wiring and cabling installed at the Premises which shall have been installed by Tenant or which Landlord shall have installed pursuant to this Lease or at the request of Tenant. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Date, expiration or following an earlier termination date, of this Lease may, at the option of Landlord’s election, be deemed to have been abandoned, and Landlord may deal with Tenant’s Property in such case, such items may be retained by lawful manner as Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountabilityshall determine, at Tenant's ’s expense. Notwithstanding anything to the foregoingcontrary contained herein, if Tenant is in default under at the terms expiration or termination of this Lease, Tenant may remove Tenant's Property from the Generator shall remain at the Premises only upon and Tenant shall immediately execute a xxxx of sale to transfer to Landlord all right, title, and interest of Tenant in and to the express written direction Generator, free and clear of Landlordany liens and encumbrances. Tenant agrees to execute such further documents and instruments and to take such further actions as may be reasonably necessary to carry out the purposes and intent of this Section 9, which obligation shall survive the expiration or termination of this Lease.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Tenant’s Property. All movable non-structural partitionsNotwithstanding any provision in Section 13.1, business and trade fixturesall Equipment (as defined in this Lease), machinery and equipment, communications equipment and office equipment that are is installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage Landlord, including trade fixtures peculiar to the Propertybusiness conducted upon the Premises by the Tenant, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY"“Tenant’s Property”) shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Termtime, in its sole discretion and at its own expense, provided that the Tenant repairs or pays the cost of repairing any damage to the Premises or caused by such removal so as to restore the Premises to as closely as practicable to the Property resulting from condition the Premises was in prior to the installation and/or removal thereofor location of such Tenant’s Property. The Tenant may create any mortgage, encumbrance, lien or charge on any such trade fixtures, machinery, equipment, furnishings, and other personal property that is owned by the Tenant or others and that is not a part of the leased Premises that is owned by the Landlord. At or before the Expiration Date, expiration of the Lease Term and all renewals or the date of any earlier termination, Tenantextensions, at its Tenant’s expense, Tenant shall remove from the Premises all of Tenant's ’s Property and any Alterations (except such items thereof as constitute Landlord's Property; or are expressly permitted under Section 22 of the Lease and as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's ’s Property. In the event Tenant desires to leave any of such Tenant’s Property on the premises upon the termination of this Lease, Tenant shall first obtain Landlord’s written permission to leave such Tenant’s Property. Any other items of Tenant's ’s Property that shall remain in the Premises after the Expiration Datedate of expiration of the Lease Term and all renewals or extensions, or following an earlier or later termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's ’s sole and absolute discretion and without accountability, at Tenant's ’s expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Mawson Infrastructure Group Inc.)

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment equipment, that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term, provided Tenant repairs or pays the cost of repairing any damage to the Premises or to the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant it may remove Tenant's Property from the Premises only upon the express written direction of Landlord.

Appears in 1 contract

Samples: Intest Corp

Tenant’s Property. All movable non-structural partitions7.1 Tenant shall have the right at any time during the term to repair, business and trade alter, move, remove, replace, or improve any of Tenant's furniture, fixtures, machinery and equipment, communications equipment and office equipment that are installed in the Premises by, or for the account of, Tenant and without expense to Landlord and that can be removed without structural damage to the Property, and all furniture, furnishings and other articles of movable personal property of any nature owned by Tenant and or located in the Premises, including, without limitation, art, paintings, sculptures, wall hangings, telephones, computer systems, cash registers, liquor control systems, ice makers and similar restaurant and office furniture fixtures and equipment and personal property of any nature, whether or not affixed to the Premises and whether or not included in Tenant's work (collectively, the "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the Term), provided Tenant promptly repairs or pays the cost of repairing and restores any damage to the Premises or caused by Tenant's removal of same. Provided such items are not purchased with monies from Landlord, Tenant shall have the right to the Property resulting from the installation and/or removal thereof. At or before the Expiration Datelease, or the date of pledge, encumber and grant security interests in any earlier termination, Tenant, at its expense, shall remove from the Premises and all of Tenant's Property property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of lien on Tenant's Property that shall remain be subordinate to any lien and security interest in the Premises after the Expiration Date, favor of any institutional lender or following an earlier termination date, may, at the option of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expenseany purchase money financing. Notwithstanding the foregoing, if Unless Tenant is in default under the terms Lease, nothing contained in this Section or the Lease shall prohibit or prevent Tenant from removing any improvements, furniture, fixtures or equipment installed in the Premises, including, without limitation, the Tenant's Work, at the termination of this Lease, provided only that Tenant may remove promptly repair and restore any damage to the premises caused by Tenant's Property removal of the same, reasonable wear and tear, obsolescence and damage from the Premises only upon the express written direction of elements, fire or other casualty, Landlord's repairs, Tenant's permitted improvements, any alterations made or damage caused by Landlord or its servants or agents, damage that Landlord is required to repair, excepted.

Appears in 1 contract

Samples: Petmed Express Inc

Tenant’s Property. All movable non-structural partitions, business and trade fixtures, machinery and equipment, communications equipment and office equipment that equipment, whether or not attached to or built into the Premises, which are installed in the Premises by, by or for the account of, of Tenant and or without expense to Landlord and that which can be removed without damage to any fixture or Tenant Improvement, and structural damage to the PropertyBuilding, and all furniture, furnishings and other articles of movable moveable personal property owned by Tenant and located in the Premises (collectively, the hereinafter collectively referred to as "TENANT'S PROPERTYTenant's Property") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during the TermTerm of this Lease so long as Tenant's obligations are current and no default exists under this Lease. In the event Tenant's Property is so removed, provided Tenant repairs shall repair or pays pay the cost of repairing any damage to the Premises or to the Property Building resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date of any earlier termination, Tenant, at its expense, shall remove from thereof and restore the Premises all to the same physical condition and layout as they existed at the time Tenant was given possession of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; the Premises. Any equipment or as other property for which Landlord shall have expressly permitted, in writing, granted any allowance or credit to remain, which property shall become the property of Landlord), and Tenant shall repair (to Landlord's reasonable satisfaction) any damage to the Premises or the Property resulting from any installation and/or removal of Tenant's Property. Any other items of Tenant's Property that shall remain in the Premises after the Expiration Date, or following an earlier termination date, may, at the option of Landlord, not be deemed to have been abandoned, and in such case, such items may be retained installed by Landlord as its property or be disposed for the account of by Tenant without expense to Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding the foregoing, if Tenant is in default under the terms of this Lease, Tenant may remove shall not be considered Tenant's Property from and shall be deemed the Premises only upon the express written direction property of Landlord.

Appears in 1 contract

Samples: Lease Agreement (Net Command Tech Inc)

Tenant’s Property. All movable non-structural partitionsTenant agrees to insure the contents of the Premises against fire, business theft, vandalism, and trade fixturessuch other hazards as are readily insurable under a normal "fire and extended coverage" policy, machinery and equipmentto provide Landlord with a copy of the certificate evidencing same, communications equipment within thirty (30) days of the Commencement Date. Tenant shall be responsible for and office equipment that are installed shall pay before delinquency all municipal, county or state taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon, or about the Premises by Tenant. Except in the Premises bycase of Landlord's intentional misconduct or gross neglect, or Landlord shall not be liable for the account of, Tenant and without expense to Landlord and that can be removed without structural any damage to the Property, and all furniture, furnishings and other articles of movable personal property owned by Tenant and located in the Premises (collectively, the "TENANT'S PROPERTY") shall be and shall remain the property of Tenant and may be removed by Tenant at any time during or of others located on the TermPremises, provided Tenant repairs not for the loss of or pays the cost of repairing any damage to any property of Tenant or of others by theft or otherwise. Except in the case of the Landlord's intentional misconduct or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, water, rain or leaks from any part of the Premises, or Common Areas, or from the pipes, appliances or plumbing works or from the roof, street or subsurface or form any other place or by any other cause of whatsoever nature. Landlord shall not be liable for any such damage caused by other tenants or persons in the Premises, occupants of adjacent property, of the Common Area, or public, or caused by operations and construction of any private, public, or quasi-public work. All property of Tenant kept or stored on the Premises shall be so kept or to stored at the Property resulting from the installation and/or removal thereof. At or before the Expiration Date, or the date risk of any earlier termination, Tenant, at its expense, shall remove from the Premises all of Tenant's Property and any Alterations (except such items thereof as constitute Landlord's Property; or as Landlord shall have expressly permitted, in writing, to remain, which property shall become the property of Landlord), Tenant only and Tenant shall repair (to Landlord's reasonable satisfaction) hold Landlord harmless form any damage to the Premises or the Property resulting from any installation and/or removal of claims by Tenant's Property. Any other items of Tenant's Property that insurance carriers, unless such damage shall remain in be caused by the Premises after the Expiration Date, willful act or following an earlier termination date, may, at the option gross neglect of Landlord, be deemed to have been abandoned, and in such case, such items may be retained by Landlord as its property or be disposed through no fault of by Landlord, in Landlord's sole and absolute discretion and without accountability, at Tenant's expense. Notwithstanding anything to the foregoing, if Tenant is in default under the terms of this Leasecontrary, Tenant may remove Tenant's Property from shall be permitted to self-insure all or any portion of the Premises only upon the express written direction of Landlordrisks named herein, or to provide such coverage under its blanket policy.

Appears in 1 contract

Samples: Lease Agreement (Coast Bancorp)

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