Common use of Trade Fixtures Clause in Contracts

Trade Fixtures. Provided Tenant is not in default hereunder, Tenant shall have the right, at the termination of this lease, to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold which it may have stored or installed in the Leased Premises, including but not limited to counters, shelving, showcases, chairs, and movable machinery purchased or provided by Tenant and which are susceptible to being moved without damage to the building, provided this right is exercised before the lease is terminated or during the ten (10) day period immediately following such termination and provided that Tenant shall repair any damage to the Leased Premises caused thereby. The right granted Tenant in this Section 9.5 shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, and, as a matter of course, shall not include the right to remove any fixture or machinery that was furnished or paid for by the Landlord. Buildings shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property at the termination of this lease or within ten (10) days thereafter, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant, and, at the option of Landlord shall become the property of Landlord.

Appears in 2 contracts

Samples: Center Lease (Progressive Telecommunications Corp), Lease (Eautoclaims, Inc)

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Trade Fixtures. All trade fixtures and equipment installed by Tenant in the Leased Premises shall be new or completely reconditioned and shall remain the property of the Tenant. Tenant shall obtain the written consent of Landlord before installing any fixtures or equipment. Provided Tenant is not in default hereunder, Tenant shall have the right, at the termination of this leaseLease, to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold which it may have stored or installed in the Leased Premises, including but not limited to counters, shelving, showcases, chairs, chairs and movable machinery purchased or provided by Tenant and which are susceptible to being moved without damage to the building, provided this right is exercised before the lease Lease is terminated or during the ten (10) day period immediately following such termination and provided that Tenant shall repair any damage to the Leased Premises caused thereby. The right granted Tenant in this Section 9.5 shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air air-conditioning equipment, floor coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, tile or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, freehold and, as a matter of course, shall not include the right to remove any fixture fixtures or machinery that was were furnished or paid for by the Landlord. Buildings shall be left in a broom-broom- clean condition. If Tenant shall fail to remove its trade fixtures or other property at the termination of this lease or within ten (10) days thereafterLease, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant, and, at the option of Landlord Landlord, shall become the property of the Landlord. Landlord shall have the right to require Tenant to remove any or all fixtures and equipment installed by or for Tenant upon the termination or expiration of the lease.

Appears in 1 contract

Samples: Lease Agreement

Trade Fixtures. Provided Tenant is not in default hereunder, Tenant shall have the right, at the termination of this lease, to remove any and all All trade fixtures, equipment signs and other items personalty hereafter installed by Tenant in the Premises shall be new or reconditioned and "like new", shall be and remain the property of personal property not constituting a part Tenant and shall be removed by Tenant at the expiration or earlier termination of the freehold which it may have stored or installed Term, provided that: (a) Tenant shall not at such time be in default under this Lease; and (b) Tenant shall promptly restore the Leased damage done to the Premises by the installation and/or removal thereof. Should Tenant fail to so remove Tenant's trade fixtures and/or to so restore the Premises, including but not limited to countersLandlord may at Landlord's option, shelvingdo so, showcasescollecting the cost and expense thereof, chairsas additional rent, and movable machinery purchased or provided by Tenant and upon demand. Any such trade fixtures which are susceptible to being moved without damage to the building, provided this right is exercised before the lease is terminated or during the ten (10) day period immediately following such termination and provided that Tenant shall repair any damage to the Leased Premises caused thereby. The right granted Tenant in this Section 9.5 shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, and, as a matter of course, shall not include the right to remove any fixture or machinery that was furnished or paid for by the Landlord. Buildings shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property at the termination of this lease or within ten (10) days thereafter, such fixtures and other property not removed by Tenant at or prior to any termination of this Lease, including, but not limited to, a termination by Landlord pursuant to an Event of Default by Tenant hereunder, unless Landlord gives Tenant notice to remove any or all of such trade fixtures, shall be deemed abandoned by Tenant, and, at the option of Landlord shall and become the property of LandlordLandlord (without any obligation by Landlord to pay compensation for such trade fixtures). In the event Landlord gives Tenant such notice to remove any or all of such trade fixtures, Tenant shall promptly remove such of the trade fixtures as may be specified by Landlord in such notice. Notwithstanding anything herein contained to the contrary or any decision of any court to the contrary, the term "trade fixtures" shall not include any air-conditioning, heating, lighting, electrical and plumbing equipment installed by Tenant in the Premises, nor any wiring or other apparata related thereto.

Appears in 1 contract

Samples: Lease (Hotel Discovery Inc)

Trade Fixtures. Provided All trade fixtures hereafter installed by Tenant is in the demised Premises shall remain the property of Tenant and shall be removable by Tenant at the expiration or earlier termination of the term of this Lease provided that: (a) Tenant shall not at such time be in material default hereunderunder this Lease beyond any applicable cure period and (b) in the event of the removal of any or all of such trade fixtures Tenant shall promptly restore the damage done to the premises by the installation and/or removal thereof. Should Tenant fail to so remove Tenant’s trade fixtures and/or to so restore the premise, Landlord may do so, collecting at Landlord’s option, the reasonable cost and expense thereof, as additional rent, upon demand. Any such trade fixtures which are not removed and those which by the terms of the Lease are not removable by Tenant at or prior to any termination of this Lease including, but not limited to, a termination by Landlord pursuant to this Lease, shall unless Landlord gives Tenant notice to remove any or all of such trade fixtures, be and become the property of Landlord (without any obligation by Landlord to pay compensation for such trade fixtures). In the event Landlord gives Tenant such notice to remove any or all of such trade fixtures, Tenant shall have promptly remove such of the righttrade fixtures as may be specified by Landlord in such notice. Notwithstanding anything herein contained to the contrary or any decision of any court to the contrary, at the termination of this lease, to remove any and all term “trade fixtures” shall not include any air-conditioning, heating, lighting, electrical and plumbing equipment and other items of personal property not constituting a part of the freehold which it may have stored or installed by Tenant in the Leased demised Premises, including but not limited to counters, shelving, showcases, chairs, and movable machinery purchased nor any wiring or provided by Tenant and which are susceptible to being moved without damage to the building, provided this right is exercised before the lease is terminated or during the ten (10) day period immediately following such termination and provided that Tenant shall repair any damage to the Leased Premises caused therebyother apparatus related thereto. The right granted Tenant in this Section 9.5 Trade fixtures shall not include the right to remove any plumbing Tenant’s Work or electrical fixtures or equipmentelectronics, heating or air conditioning equipment, floor coverings video conferencing equipment paid one hundred percent (including wall-to-wall carpeting100%) glued or fastened to the floors or any paneling, tile, or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, and, as a matter of course, shall not include the right to remove any fixture or machinery that was furnished or paid for by the Landlord. Buildings shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property at the termination of this lease or within ten (10) days thereafter, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant, and, at the option of Landlord shall become the property of LandlordPossession Date.

Appears in 1 contract

Samples: Lease Agreement (Rex Energy Corp)

Trade Fixtures. 6.2.4 Provided Tenant is not in default hereunderunder this Lease, Tenant shall have the right, at the termination of this leaseLease, to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold Building which it may have stored or installed in the Leased PremisesPremises including, including but not limited to to, counters, shelving, showcases, chairs, and movable machinery purchased or provided by Tenant and which are susceptible to of being moved without damage to the buildingBuilding and the Premises, provided this right is exercised before the lease Lease is terminated or during the ten (10) day period immediately following such termination and provided that Tenant Tenant, at its own cost and expense, shall repair any damage to the Leased Premises or Building caused thereby. The right granted Tenant in this Section 9.5 6.5 shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, tile or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freeholdBuilding, and, as a matter of course, shall not include the right to remove any fixture fixtures or machinery that was were furnished or paid for by the Landlord. Buildings The Premises and the immediate areas in front, behind and adjacent to it shall be left in a broom-clean condition. If Should Tenant shall fail to remove its trade fixtures or other property at comply with this provision, Landlord may deduct the termination cost of this lease or within ten (10) days thereafter, such fixtures and other property not removed by Tenant shall be deemed abandoned by clean-up from Tenant, and, at the option of Landlord shall become the property of Landlord.'s

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

Trade Fixtures. Provided Anything contained in this Lease to the contrary notwithstanding, Landlord acknowledges, consents and agrees that all furniture, fixtures and equipment which are installed or placed in, on or about the Improvements or other parts of the Premises by Tenant or its affiliate (“Trade Fixtures”), whether affixed to the Premises or otherwise (excluding heating, ventilating, and air conditioning system, and all electrical, mechanical, and plumbing systems and components thereof that constitute an integral part of the Building), shall be and at all times remain the property of Tenant or its affiliate and provided that Tenant is not in default hereunderunder the terms of this Lease, may be removed at any time during the Term or upon the expiration or earlier termination of this Lease, whether or not such Trade Fixtures may be regarded as property of Landlord by operation of law or otherwise. Tenant shall cause any damage to the Improvements caused by such removal to be repaired at no cost to Landlord, including performing any work that may be required to restore the Improvements to a complete architectural unit, such as, by way of example only, restoring an exterior wall section left open after removal of equipment that theretofore served to complete the wall section. Provided that Tenant is not at such time in default under the terms of this Lease, Landlord further agrees that, upon expiration or earlier termination of this Lease, Tenant shall have the rightright to remove from the Premises all signs and other distinctive features of the business on the Premises. Tenant shall, at the termination of this leaseits expense, to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold which it may have stored or installed in the Leased Premises, including but not limited to counters, shelving, showcases, chairs, and movable machinery purchased or provided by Tenant and which are susceptible to being moved without damage to the building, provided this right is exercised before the lease is terminated or during the ten (10) day period immediately following such termination and provided that Tenant shall repair any damage to the Leased Premises caused thereby. The right granted Tenant in this Section 9.5 shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, and, as a matter of course, shall not include the right to remove any fixture or machinery that was furnished or paid for by the Landlord. Buildings shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property at the termination of this lease or within ten (10) days thereafter, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant, and, at the option of Landlord shall become the property of Landlordremoval.

Appears in 1 contract

Samples: Oak Ridge Financial Services, Inc.

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Trade Fixtures. All trade fixtures and equipment installed by Tenant in the Premises shall remain the property of Tenant. Provided Tenant is not in default hereunderhereunder beyond any applicable notice and cure periods, Tenant shall have the right, at upon the expiration or termination of this leaseLease, to remove any and all such trade fixtures, fixtures and equipment and other items of personal property not constituting a part of the freehold which it may have stored or installed in the Leased Premises, including including, but not limited to to, counters, shelving, showcases, chairs, and movable moveable machinery purchased or provided by Tenant and which are susceptible to being moved without damage to the buildingTenant, provided this right is exercised on or before the lease is terminated expiration or during the ten (10) day period immediately following such termination date of this Lease and provided that Tenant Tenant, at its own cost and expense, shall repair any damage to the Leased Premises caused thereby. The right granted Tenant in this Section 9.5 8.5 shall not include the right to remove any plumbing or electrical fixtures or equipmentequipment (with exception of generator), hot water heaters, oven hood, oven exhaust, heating or air air-conditioning equipment, floor floor-coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, tile or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, and, as a matter of course, shall not include the right to remove any fixture fixtures or machinery that was were furnished or paid for by the Landlord. Buildings The Premises and the immediate areas in front of, behind and adjacent to the Premises shall be left in a broom-clean condition. If Tenant shall fail to remove all of its trade fixtures or other property at on or before the expiration or termination date of this lease or within ten (10) days thereafterLease, such fixtures and other property not removed by Tenant shall be deemed abandoned by Tenant, and, at the option of Landlord Landlord, shall become the property of Landlord.

Appears in 1 contract

Samples: Lease (Adma Biologics, Inc.)

Trade Fixtures. Provided Tenant is not in default hereunder, Tenant Trade Fixtures" shall have the right, at the termination of this lease, to remove mean any and all trade fixtures-------------- Signs (hereinafter defined) placed by Tenant in, equipment upon or about the Leased Premises pursuant to provisions hereof and other any and all items of personal property used by Tenant in, upon or about the Leased Premises for the carrying on of its business and which may or may not constituting a part of be annexed to the freehold which it may have stored or installed Site by the Tenant but in any event can be removed without material injury to the Leased Premises, including but not limited to countersfurniture, shelvingequipment, showcasesshelves, chairsbins and machinery; provided, and movable machinery purchased however, that the term Trade Fixtures shall not include any permanent leasehold improvements, including but not limited to any floor, wall or provided by Tenant and which are susceptible to being moved without damage ceiling coverings, any interior walls or partitions, any lighting fixtures, track lights or any property a part of or associated with any electrical, plumbing or mechanical system, notwithstanding that the same may have been installed in, upon or about the Leased Premises. Notwithstanding anything in this Article XI to the building----------- contrary, provided this right is exercised before the lease is terminated or during the ten (10) day period immediately following Tenant, at its own cost and expense, may erect such termination and Trade Fixtures as it desires provided that Tenant shall repair any (a) such Trade Fixtures do not alter the basic character of the Leased Premises, (b) such Trade Fixtures do not overload or damage the Leased Premises, (c) such items may be removed without injury to the Leased Premises caused therebyPremises, and (d) the construction, erection or installation thereof complies with all Legal Requirements and with Landlord's specifications and requirements. The right granted Tenant in this Section 9.5 shall not include have the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold, and, as a matter of course, shall not include the right to remove any fixture or machinery that was furnished or paid for by the Landlord. Buildings shall be left in a broom-clean condition. If Tenant shall fail to remove its trade fixtures or other property at the termination or expiration of this lease or Lease such Trade Fixtures owned by Tenant and so installed (other than replacements for any such items originally installed by Landlord), provided Tenant is not in default under this Lease and such removal is made within ten (10) days thereafterafter the termination or expiration of the Lease; provided, however, Tenant shall promptly repair, within ten (10) days, any damage caused by such fixtures removal and other property restore the Leased Premises to its original condition, reasonable wear and tear excepted. Any Trade Fixtures which are not removed from the Leased Premises and those which are removed by Tenant shall be deemed abandoned by Tenant, andLandlord pursuant to Landlord's right to do so shall, at the option of Landlord shall Landlord's option, become the property of Landlord's property.

Appears in 1 contract

Samples: Lease Agreement (Ricks Cabaret International Inc)

Trade Fixtures. All trade fixtures and equipment installed by Tenant in the Premises shall be new or completely reconditioned or in good useable condition. Provided Tenant is not in default hereunder, Tenant shall have the right, at the termination of this leaseLease, to remove any and all trade fixtures, equipment and other items of personal property not constituting a part of the freehold which it may have stored in or installed in the Leased PremisesPremises including, including but not limited to to, counters, shelving, showcases, chairs, and movable machinery purchased or provided by Tenant and which are susceptible to of being moved without damage to the building, and the Premises, provided this right is exercised before the lease Lease is terminated or during the ten (10) day period immediately following such termination and provided that Tenant Tenant, at its own cost and expense, shall repair any damage to the Leased Premises caused thereby. The right granted Tenant in this Section 9.5 Article 8.5 shall not include the right to remove any plumbing or electrical fixtures or equipment, heating or air conditioning equipment, floor floor-coverings (including wall-to-wall carpeting) glued or fastened to the floors or any paneling, tile, tile or other materials fastened or attached to the walls or ceilings, all of which shall be deemed to constitute a part of the freehold. The Premises and the immediate areas in front, and, as a matter of course, shall not include the right behind and adjacent to remove any fixture or machinery that was furnished or paid for by the Landlord. Buildings it shall be left in the same condition as it was at Lease commencement and with all Landlord improvements, if any, reasonable wear and tear excepted and in a broom-clean condition. Should Tenant fail to comply with this provision, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith and Landlord may deduct the cost of thereof from Tenant's Security Deposit. If Tenant shall fail to remove its trade fixtures or other property at the termination of this lease or within ten (10) days thereafterLease, such fixtures and other property not removed by Tenant and shall be deemed abandoned by Tenant, and, at the option of Landlord Landlord, shall become the property of Landlord. All of the foregoing is subject to Articles 11.2 and 12.2 of this Lease.

Appears in 1 contract

Samples: Business Lease

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