Fixtures and Equipment. Each of the Company and its subsidiaries (as applicable) has good title to, or a valid leasehold interest in, the tangible personal property, equipment, improvements, fixtures, and other personal property and appurtenances that are used by the Company or its subsidiary in connection with the conduct of its business (the “Fixtures and Equipment”). The Fixtures and Equipment are structurally sound, are in good operating condition and repair, are adequate for the uses to which they are being put, are not in need of maintenance or repairs except for ordinary, routine maintenance and repairs and are sufficient for the conduct of the Company’s and/or its subsidiaries’ businesses (as applicable) in the manner as conducted prior to the Closing. Each of the Company and its subsidiaries owns all of its Fixtures and Equipment free and clear of all Encumbrances except for # liens for current taxes not yet due and # zoning laws and other land use restrictions that do not impair the present or anticipated use of the property subject thereto.
Fixtures and Equipment. Each of the Company and its subsidiaries (as applicable) has good title to, or a valid leasehold interest in, the tangible personal property, equipment, improvements, fixtures, and other personal property and appurtenances that are used by the Company or its subsidiary in connection with the conduct of its business (the “Fixtures and Equipment”). The Fixtures and Equipment are structurally sound, are in good operating condition and repair, are adequate for the uses to which they are being put, are not in need of maintenance or repairs except for ordinary, routine maintenance and repairs and are sufficient for the conduct of the Company’s and/or its subsidiaries’ businesses (as applicable) in the manner as conducted prior to the Closing. Each of the Company and its subsidiaries owns all of its Fixtures and Equipment free and clear of all Encumbrances except for # liens for current taxes not yet due and # zoning laws and other land use restrictions that do not impair the present or anticipated use of the property subject thereto.
Fixtures and Equipment. Each of the Company and its subsidiaries (as applicable) has good title to, or a valid leasehold interest in, the tangible personal property, equipment, improvements, fixtures, and other personal property and appurtenances that are used by the Company or its subsidiary in connection with the conduct of its business (the “Fixtures and Equipment”). The Fixtures and Equipment are structurally sound, are in good operating condition and repair, are adequate for the uses to which they are being put, are not in need of maintenance or repairs except for ordinary, routine maintenance and repairs and are sufficient for the conduct of the Company’s and/or its subsidiaries’ businesses (as applicable) in the manner as conducted prior to the Closing. Each of the Company and its subsidiaries owns all of its Fixtures and Equipment free and clear of all Encumbrances except for # liens for current taxes not yet due and # zoning laws and other land use restrictions that do not impair the present or anticipated use of the property subject thereto.
Furniture, Fixtures and Equipment. The parties acknowledge that Sublessee is the current occupant of the Premises, and that the Premises shall be delivered to Sublessee in its current, as-is condition, including with all of the furniture, fixtures and equipment, including cubicles, office furniture, chairs and conference room tables, currently located within the Premises (the “FF&E”). Sublessee acknowledges and agrees that the FF&E is the property of Sublessee and as such, Sublessee understands and acknowledges that Sublessor has made no representations or warranties whatsoever as to the FF&E, including no representations as to the FF&E’s condition or fitness for a particular purpose. Sublessee shall be responsible for removing the FF&E from the Premises upon the expiration or earlier termination of this Sublease, and for repairing any damage caused by such removal.
Sublessee shall have the right, during the Sublease Term, and at no additional cost to Sublessee, to use the furniture, fixtures, and equipment owned by Sublessor and located in the Premises as of the Execution Date and identified on Exhibit C-1 attached hereto (the “Furniture”), and shall maintain the Furniture in good condition and repair, reasonable wear and tear and damage by casualty excepted. In connection with Sublessee’s surrender of the Premises to Sublessor on the Sublease Term Expiration Date pursuant to Section 20 of the Prime Lease, and provided Sublessee is not-then in default beyond any applicable notice and cure period, Sublessor and Sublessee shall execute and deliver the Bill of Sale attached hereto as Exhibit C (the “Bill of Sale”) pursuant to which Sublessor shall convey to Sublessee, for consideration of One Dollar ($1.00), all of Sublessor’s right, title, and interest in and to the Furniture. Any furniture currently located in the Premises and not set forth on Exhibit C-1 attached hereto shall be removed from the Premises by Sublessor prior to the Commencement Date. Sublessee hereby accepts the Furniture in its “as-is,” “where-is” condition, with all faults, as of the Sublessee’s last inspection of the Furniture, to wit, May 5, 2021, reasonable wear and tear excepted, and Sublessor makes no representations or warranties whatsoever as to the condition, merchantability or fitness for any particular purpose of the Furniture, except as otherwise expressly set forth in the Bill of Sale. Sublessor represents and warrants to Sublessee that Sublessor owns the Furniture free and clear of any liens, encumbrances or rights of third parties. To the extent any of the Furniture is under warranty, simultaneously with the execution of the Bill of Sale, Sublessor shall assign such unexpired warranties to Sublessee, to the extent assignable. Notwithstanding any provision of this Sublease to the contrary, Sublessee shall be responsible for removal of the Furniture from the Premises on or before the expiration or earlier termination of the Sublease Term, unless following a default of Sublessee beyond an applicable notice and cure period, Sublessor elects, in its sole and absolute discretion, to waive this obligation of Sublessor.
The parties hereby acknowledge that the Subleased Premises currently contains certain furniture, fixtures, and equipment listed or depicted in the materials attached hereto and made a part hereof as [Exhibit C] (collectively, the “Sublandlord FF&E”). On or before July 10, 2020, Subtenant shall provide a schedule to Sublandlord setting forth all items of Sublandlord FF&E, if any, that Subtenant desires that Sublandlord remove from the Subleased Premises on or prior to the Commencement Date at no cost to Subtenant (the “Rejected Sublandlord’s FF&E Schedule”), which Rejected Sublandlord’s FF&E Schedule shall be attached hereto and made a part hereof as [Exhibit D] upon delivery to Sublandlord. Subtenant’s failure to send the required notice and Rejected Sublandlord’s FF&E Schedule by July 10, 2020 shall be deemed Subtenant’s election to keep all items of Sublandlord FF&E within the Subleased Premises during the term for Subtenant’s use. As used in this Sublease, “Accepted Sublandlord FF&E” shall mean and refer to all Sublandlord FF&E not listed on the Rejected Sublandlord’s FF&E Schedule, and “Rejected Sublandlord FF&E” shall mean and refer to all Sublandlord FF&E listed on the Rejected Sublandlord’s FF&E Schedule.
Furniture, Fixtures and Equipment. Subtenant shall have the right to use during the Term the furnishings within the Subleased Premises and the Shared Area that are identified on Exhibit C attached hereto (the “Furniture”) at no additional cost to Subtenant. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Subtenant shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Subtenant shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Subtenant shall surrender the Furniture to Sublandlord upon the termination of this Sublease in the same condition as exists as of the Commencement Date, reasonable wear and tear excepted. Subtenant shall not remove any of the Furniture from the Subleased Premises.
Fixtures and Equipment; Maintenance; Surrender. Management Company shall have the right to the exclusive use of, all fixtures, equipment, furnishings, and furniture necessary for managing the Restaurant in a manner consistent with past operating practices.
Fixtures. All of Seller’s right, title and interest to any fixtures located on, attached to and/or forming a part of the Property, other than those which constitute the Improvements (the “Fixtures”)
Fixtures, Equipment and Improvements – Removal by Tenant. All fixtures, equipment, improvements and appurtenances attached to or built into the Premises (or the Building or elsewhere on the Property with respect to Tenant’s tenancy) prior to or during the Term, or any extension thereof, whether by Landlord, at its expense or at the expense of Tenant, or by Tenant shall be and remain part of the Premises and shall not be removed by Tenant at the end of the Term unless Landlord, in its sole discretion, shall request Tenant to remove any of such fixtures, equipment, improvements and appurtenances in which event Tenant shall remove such at Tenant’s expense. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant, all removable furniture, trade fixtures and business equipment shall not be deemed to be included in such fixtures, equipment, improvements and appurtenances and may be, and upon the request of Landlord shall be, removed by Tenant, at Tenant’s expense, upon the condition that such removal shall not materially damage the Premises, the Building, the Property or any portion thereof and that the cost of repairing any damages to the Premises, the Building, the Property or any portion thereof (as the case may be) arising from such removal shall be paid by Tenant, provided, however, that any of such items toward which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant.
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