Common use of Leased Property Clause in Contracts

Leased Property. The Leased Property shall mean and is comprised of Lessor’s interest in the following: (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 16 contracts

Sources: Hotel Lease Agreement, Hotel Lease Agreement (Apple REIT Ten, Inc.), Hotel Lease Agreement (Apple REIT Ten, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land that is more particularly described in Exhibit A C, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, the Retirement Community, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture and furnishings machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions theretoto such property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); and LESS AND EXCEPT and (f) all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Intangible Property.

Appears in 16 contracts

Sources: Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc)

Leased Property. The Leased Property shall mean and is comprised of Lessor’s interest in the following: (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee, if any) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 9 contracts

Sources: Hotel Lease Agreement (Moody National REIT II, Inc.), Hotel Lease Agreement (Moody National REIT II, Inc.), Hotel Lease Agreement (Moody National REIT I, Inc.)

Leased Property. The Effective as of the Commencement Date for each Leased Property shall mean Property, upon and is comprised subject to the terms and conditions hereinafter set forth, Lessor leased, and hereby leases, to Tenant and Tenant leased, and hereby leases, from Lessor all of Lessor’s rights and interest in and to each of the following: (ai) the land tracts, pieces and parcels of land, as more particularly described in Exhibit A attached hereto and by reference incorporated herein (collectively, the “Land”; each parcel of Land described in Exhibit A, as amended from time to time, excluding those parcels which have been transferred to a New Lease pursuant to Section 40.15 (including, without limitation, a New Lease created pursuant to Section 22.7 hereof);, together with the related property described in clauses (ii) through (iv) below, being referred to herein as a “Leased Property” and all of such parcels of Land, together with all of such related property, being referred to herein collectively as the “Leased Properties”), (bii) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land and Capital Alterations (collectively, the “Leased Improvements”);, (ciii) all easements, rights and appurtenances relating to the Land and the Leased Improvements;, and (div) all permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with, and permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property as defined in ARTICLE II below (collectively, collectively the “Fixtures”); , SUBJECT, HOWEVER, to the Permitted Encumbrances (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used as defined in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant theretoSection 2.1 hereof). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 8 contracts

Sources: Master Lease Agreement (Kindred Healthcare, Inc), Master Lease Agreement (Ventas Inc), Master Lease Agreement (Kindred Healthcare, Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title, and interest in and to all of the following:following (collectively, the “Leased Property”): (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and structures, other improvements and appurtenances of every kind including, but not limited towithout limitation, the Hotels, the alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas garages and parking areas, and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights rights, and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems systems, and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations alterations, and additions thereto (collectivelythereto, but specifically excluding all items included within the “Fixtures”)category of Tenant’s Personal Property; (e) all furniture of the Intangible Property; (f) all FF&E and furnishings and all other items of personal property (excluding Inventory and tangible personal property owned by Lessee) Landlord located on, and used in connection with, or on the operation Hotels as of the Leased Improvements as a hotel, together with date hereof and any and all replacements, modifications, alterations alterations, and additions theretoto the FF&E and such other tangible personal property, but specifically excluding Tenant’s Personal Property; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and (g) any and all rightleases of space (including, title and interest of Lessor under the Space Leases (including without limitation, any rents, security deposits or collateral held by or owing to Lessor Tenant pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Improvements to tenants thereof.

Appears in 7 contracts

Sources: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following with respect to each of the Facilities (collectively, the “Leased Property”): (a) the land real property or properties described in Exhibit A B attached hereto and by reference incorporated herein (collectively, the “Land”); (b) all buildings, structures structures, barges, riverboats, Fixtures (as hereinafter defined) and other improvements of every kind now or hereafter located on the Land or connected thereto including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land of each such Facility (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements;; and (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelproperty, including all components thereof, that (i) are now or hereafter located in, on or used in connection with and hereafter permanently affixed to or otherwise incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air Improvements and water pollution control, waste disposal, air(ii) qualify as Long-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estateLived Assets, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) . The Leased Property is leased subject to all furniture covenants, conditions, restrictions, easements and furnishings other matters affecting the Leased Property as of the Commencement Date and all such subsequent covenants, conditions, restrictions, easements and other items matters as may be agreed to by Landlord or Tenant in accordance with the terms of personal property (excluding Inventory and personal property owned this Master Lease, whether or not of record, including any matters which would be disclosed by Lessee) located on, and used in connection with, the operation an inspection or accurate survey of the Leased Improvements as a hotelProperty. Notwithstanding the foregoing, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Property shall exclude those items referenced on Schedule 1.1.

Appears in 7 contracts

Sources: Master Lease (Boyd Gaming Corp), Master Lease (Eldorado Resorts, Inc.), Master Lease (Boyd Gaming Corp)

Leased Property. The Leased Property shall mean and is comprised of Lessor’s interest in the following: (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 6 contracts

Sources: Hotel Lease Agreement (Apple Hospitality Two Inc), Hotel Lease Agreement (Apple Hospitality Five Inc), Hotel Lease Agreement (Apple Reit Six Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property (collectively, the “Leased Personal Property”); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 6 contracts

Sources: Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Leased Property shall mean and is comprised of Lessor’s 's interest in the following: (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 5 contracts

Sources: Master Hotel Lease Agreement (Apple Suites Inc), Master Hotel Lease Agreement (Apple Suites Inc), Master Hotel Lease Agreement (Apple Hospitality Two Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A C, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, the Hotel, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture and furnishings machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by or owing to Lessor Tenant pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Leased Improvements to tenants thereof.

Appears in 5 contracts

Sources: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

Leased Property. The Leased Property Except as set forth in an individual Lease (including any schedule or exhibit thereto), the property that is the subject of each Lease and that shall mean and is comprised of Lessor’s interest in be considered as leased by the followingLandlord to the Tenant thereunder shall consist of: (a) the The land described in Exhibit A attached hereto the Lease, together with all rights, titles, appurtenant interests, covenants, licenses, privileges and by reference incorporated herein benefits thereto belonging, and any easements, rights-of-way, rights of ingress or egress or other interests in, on, or to any land, highway, street, road or avenue, open or proposed, in, on, across, in front of, abutting or adjoining such real property including, without limitation, any strips and gores adjacent to or lying between such real property and any adjacent real property (the "Land"); (b) all All buildings, improvements, structures and other improvements of every kind Fixtures now located or to be located or to be constructed on the Land, including, but not limited towithout limitation, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite)landscaping, parking areas lots and roadways appurtenant to such buildings structures, roads, drainage and structures presently situated upon all above ground and underground utility structures, equipment systems and other so-called "infrastructure" improvements (the Land (collectively, the “Leased "Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all All equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now located in, on or used in connection with, and hereafter permanently affixed to or incorporated into into, the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and similar systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, collectively the "Fixtures"); (ed) All furniture, equipment, inventory and other personal property identified on Schedule B attached hereto and incorporated herein by reference (the "Personal Property"). For purposes hereof, (i) Personal Property shall include all furniture and furnishings and all other items of personal property (excluding Inventory which Tenant is obligated to install, place, use, maintain, repair and/or replace pursuant to the provisions of Sections 8.06 and personal 8.07 hereof however, such Personal Property is and shall remain the property owned by Lessee) located onof Tenant until the expiration or termination of this Lease, and used (ii) Personal Property shall not include certain proprietary property of Tenant as set forth on Schedule C. The Land, Improvements, Fixtures and Personal Property are hereinafter referred to as the "Leased Property." SUBJECT, HOWEVER, to the easements, liens, encumbrances, restrictions, agreements, and other title matters listed or specifically referred to in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases any individual Lease (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Permitted Exceptions"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 4 contracts

Sources: Master Agreement to Lease (Prison Realty Corp), Master Agreement to Lease (Corrections Corporation of America), Master Agreement to Lease (Cca Prison Realty Trust)

Leased Property. The Leased Property shall mean and is comprised of all of Lessor’s right, title and interest in the following: (a) the a parcel or parcels of land or ground leasehold interest described in on Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT ; (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY ; and (EXPRESSED OR IMPLIEDg) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFthe rights of Lessor in any Franchise Agreement with respect to the Leased Improvements.

Appears in 4 contracts

Sources: Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord demises and leases to Tenant and Tenant accepts and leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following (collectively, the “Leased Property”): (a) the land real property described in Exhibit A B attached hereto hereto, together with any ownership interests in adjoining roadways, alleyways, strips, gores and by reference incorporated herein the like appurtenant thereto (collectively, the “Land”); (b) all buildings, structures structures, Fixtures and other improvements of every kind now or hereafter located on the Land or the improvements located thereon or permanently affixed to the Land or the improvements located thereon, including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”);, provided, however, that the foregoing shall not affect or contradict the provisions of this Lease which specify that Tenant shall be entitled to certain rights with respect to or benefits of the Tenant Capital Improvements as expressly set forth herein; and (c) all easements, development rights and appurtenances relating other rights appurtenant to the Land and or the Leased Improvements; (d) . The Leased Property is leased subject to all equipmentcovenants, machineryconditions, fixturesrestrictions, easements and other items matters of property required for any nature affecting the Leased Property or incidental any portion thereof as of the Commencement Date and such subsequent covenants, conditions, restrictions, easements and other matters as may hereafter arise in accordance with the terms of this Lease or as may otherwise be agreed to the use in writing by Landlord and Tenant, whether or not of record, including any matters which would be disclosed by an inspection or accurate survey of the Leased Improvements Property or any portion thereof. Except as a hotelmore specifically provided in the following paragraph, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items Landlord’s ownership of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the any Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Property or any portion thereof (including any rentsimprovement (including any Capital Improvement) or other property) that does not constitute “real property” within the meaning of Treasury Regulation Section 1.856-3(d), security deposits which would otherwise be owned by Landlord and leased to Tenant pursuant to this Lease, could cause Landlord REIT to fail to qualify as a “real estate investment trust” (within the meaning of Section 856(a) of the Code, or collateral held by any similar or owing to Lessor pursuant successor provision thereto), then a portion of such property shall automatically instead be owned by PropCo TRS LLC, a Delaware limited liability company, which is a “taxable REIT subsidiary” (within the meaning of Section 856(l) of the Code, or any similar or successor provision thereto) of Landlord REIT (the “Propco TRS”), to the extent necessary such that Landlord’s ownership of such Leased Property does not cause Landlord REIT to fail to qualify as a real estate investment trust, provided, there shall be no adjustment in the Rent as a result of the foregoing. THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSIONIn such event, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTSLandlord shall cause the Propco TRS to make such property available to Tenant in accordance with the terms hereof; however, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLandlord shall remain fully liable for all obligations of Landlord under this Lease and shall retain sole decision-making authority for any matters for which Landlord’s consent or approval is required or permitted to be given and for which Landlord’s discretion may be exercised under this Lease.

Appears in 4 contracts

Sources: Lease Agreement (CAESARS ENTERTAINMENT Corp), Lease Agreement (Vici Properties Inc.), Purchase and Sale Agreement (Vici Properties Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord demises and leases to Tenant and Tenant accepts and leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following (collectively, the “Leased Property”): (a) the land real property described in Exhibit A B attached hereto hereto, together with any ownership interests in adjoining roadways, alleyways, strips, gores and by reference incorporated herein the like appurtenant thereto (collectively, the “Land”); (b) the Ground Leases (as defined below), together with the leasehold estates in the Ground Leased Property (as defined below), as to which this Lease will constitute a sublease; (c) all buildings, structures structures, Fixtures and other improvements of every kind now or hereafter located on the Land or the improvements located thereon or permanently affixed to the Land or the improvements located thereon, including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, provided, however, that the foregoing shall not affect or contradict the provisions of this Lease which specify that Tenant shall be entitled to certain rights and appurtenances relating with respect to or benefits of the Land and the Leased Improvements;Tenant Capital Improvements as expressly set forth herein; and (d) all equipmenteasements, machinery, fixtures, development rights and other items of property required for or incidental rights appurtenant to the use Land or the Leased Improvements. The Leased Property is leased subject to all covenants, conditions, restrictions, easements and other matters of any nature affecting the Leased Property or any portion thereof as of the Commencement Date and such subsequent covenants, conditions, restrictions, easements and other matters as may hereafter arise in accordance with the terms of this Lease or as may otherwise be agreed to in writing by Landlord and Tenant, whether or not of record, including any matters which would be disclosed by an inspection or accurate survey of the Leased Improvements as a hotel, including all components Property or any portion thereof, now and hereafter permanently affixed to . To the extent Landlord’s ownership of any Leased Property or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases any portion thereof (including any rentsimprovement (including any Capital Improvement) or other property) that does not constitute “real property” within the meaning of Treasury Regulation Section 1.856-3(d), security deposits which would otherwise be owned by Landlord and leased to Tenant pursuant to this Lease, could cause Landlord REIT to fail to qualify as a “real estate investment trust” (within the meaning of Section 856(a) of the Code, or collateral held by any similar or owing to Lessor pursuant successor provision thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY , then a portion of Landlord REIT’s (EXPRESSED OR IMPLIEDor its subsidiary’s) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSIONdirect ownership interest in Landlord shall automatically instead be owned by Propco TRS LLC, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTSa Delaware limited liability company, CONDITIONSwhich is a “taxable REIT subsidiary” (within the meaning of Section 856(l) of the Code, RESTRICTIONSor any similar or successor provision thereto) of Landlord REIT (the “Propco TRS”), EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFto the extent necessary such that Landlord’s ownership of such Leased Property does not cause Landlord REIT to fail to qualify as a real estate investment trust, provided, there shall be no adjustment in the Rent as a result of the foregoing.

Appears in 4 contracts

Sources: Lease Amendment (Vici Properties Inc.), Lease (CAESARS ENTERTAINMENT Corp), Lease Agreement (CAESARS ENTERTAINMENT Corp)

Leased Property. The leased property (the "Leased Property shall mean and Property") is comprised of Lessor’s 's interest in the following: (a) the land described in Exhibit A "A" attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 3 contracts

Sources: Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title, and interest in and to all of the following:following (collectively, the “Leased Property”): (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and structures, other improvements and appurtenances of every kind including, but not limited towithout limitation, the Hotels, the alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas garages and parking areas, and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights rights, and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems systems, and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto Landlord and Tenant to constitute real estate, together with all replacements, modifications, alterations alterations, and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture and furnishings any Intangible Property that is required under Applicable Laws to be held by Landlord; and (f) any and all other items leases of space (including, without limitation, any security deposits held by Tenant pursuant thereto) in the Improvements to tenants thereof. The Leased Property does not include any tangible personal property. All personal property (excluding Inventory and personal property owned required to operate the Hotels shall be provided by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFTenant.

Appears in 3 contracts

Sources: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality LLC)

Leased Property. The Leased Property shall mean and is comprised of --------------- Lessor’s 's interest in the following: (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 3 contracts

Sources: Hotel Lease Agreement (Apple Suites Inc), Hotel Lease Agreement (Apple Suites Inc), Master Hotel Lease Agreement (Apple Hospitality Two Inc)

Leased Property. The leased property (the “Leased Property shall mean and Property”) is comprised of Lessor’s interest in each of the followinghotel properties described in Exhibit “A” attached hereto, as it may be amended from time to time (each a “Leased Property”), as follows: (a) the land or ground leasehold interests described in Exhibit A “A” attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and or the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 3 contracts

Sources: Master Lease Agreement, Master Lease Agreement (Supertel Hospitality Inc), Master Lease Agreement (Supertel Hospitality Inc)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, the Lessor leases to the Lessee and the Lessee rents and leases from the Lessor all of the Lessor's rights and interests in and to the following real and personal property (collectively, the "Leased Property shall mean and is comprised of Lessor’s interest in the following:Property"): (a) the land real property described in Exhibit EXHIBIT A attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site lines, and offsite), parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances of every nature and description now or hereafter relating to or benefiting any or all of the Land and the Leased Improvements;; and (d) all equipment, machinery, building fixtures, and other items of property required for (whether realty, personalty or incidental to the use of the Leased Improvements as a hotelmixed), including all components thereof, now or hereafter located in, on or used in connection with, and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tangible Personal Property (as hereinafter defined) which are not permanently affixed to or incorporated in the Leased Property (collectively, the "Fixtures"); ; The Leased Property is leased in its present condition, AS IS, without representation or warranty of any kind, express or implied, by the Lessor and subject to: (ei) the rights of parties in possession; (ii) the existing state of title including all covenants, conditions, Liens (as hereinafter defined) and other matters of record (including, without limitation, the matters set forth in EXHIBIT B); (iii) all furniture applicable laws and furnishings and (iv) all other items matters, whether or not of personal property (excluding Inventory and personal property owned a similar nature, which would be disclosed by Lessee) located on, and used in connection with, the operation an inspection of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits Property or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFan accurate survey thereof.

Appears in 3 contracts

Sources: Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp), Development and Turnkey Services Agreement (Standish Care Co)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord’s right, title and interest in and to all of the following (each of items (a) through (e) below which, as of the Effective Date, relates to any single Travel Center, a “Property”, and collectively, the “Leased Property”, and those portions of the Leased Property shall mean and is comprised of Lessor’s interest described in items (a) through (d) below being the following:“Real Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-36 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements, but excluding all of Landlord’s right, title and interest in and to all Minerals and all executory rights and other rights necessary to sell, lease or otherwise convey the Minerals, all of which are expressly reserved by Landlord, provided, however, that Landlord shall not, and shall not authorize or permit any others to, conduct any exploration, evaluation or extraction of any Minerals or pursue any other similar activities relating to the Minerals during the Term; (d) all equipment, machinery, fixturesmachinery and fixtures integral to the operation of the Leased Improvements, and other items of property required for now or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”);; and (e) all furniture and furnishings any and all other items leases of personal property (excluding Inventory and personal property owned by Lessee) located onspace in the Leased Improvements, and used in connection withincluding, without limitation, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFGround Leases.

Appears in 3 contracts

Sources: Lease Agreement (Service Properties Trust), Lease Agreement (Service Properties Trust), Consent and Amendment Agreement (Service Properties Trust)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, the Lessor leases to the Lessee and the Lessee rents and leases from the Lessor all of the Lessor's rights and interests in and to the following real and personal property (collectively, the "Leased Property shall mean and is comprised of Lessor’s interest in the following:Property"): (aA) the land real property described in Exhibit EXHIBIT A attached hereto and by reference incorporated herein (the "Land"); (bB) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site lines, and offsite), parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the "Leased Improvements"); (cC) all easements, rights and appurtenances of every nature and description now or hereafter relating to or benefitting any or all of the Land and the Leased Improvements;; and (dD) all equipment, machinery, building fixtures, and other items of property required for (whether realty, personalty or incidental to the use of the Leased Improvements as a hotelmixed), including all components thereof, now or hereafter located in, on or used in connection with, and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tangible Personal Property (as hereinafter defined) which are not permanently affixed to or incorporated in the Leased Property (collectively, the "Fixtures"); . The Leased Property is leased in its present condition, AS IS, without representation or warranty of any kind, express or implied, by the Lessor and subject to: (eI) the rights of parties in possession; (II) the existing state of title including all covenants, conditions, Liens (as hereinafter defined) and other matters of record (including, without limitation, the matters set forth in EXHIBIT B); (III) all furniture applicable laws; and furnishings and (IV) all other items matters, whether or not of personal property (excluding Inventory and personal property owned a similar nature, which would be disclosed by Lessee) located on, and used in connection with, the operation an inspection of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits Property or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFan accurate survey thereof.

Appears in 3 contracts

Sources: Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc), Facility Lease Agreement (Alternative Living Services Inc)

Leased Property. The Leased Property shall mean and is comprised of Lessor’s 's interest in the following: (a) the parcel of land more particularly described in the legal description attached hereto as Exhibit A attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements and appurtenances of every kind kind, including, but not limited toto the Hotel, the alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 3 contracts

Sources: Lease Agreement (Strategic Hotel Capital Inc), Lease Agreement (Strategic Hotel Capital Inc), Lease Agreement (Strategic Hotel Capital Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee and Lessee rents and leases from Lessor all of Lessor’s interest 's rights and interests in and to the following:following real and personal property (collectively, the "Leased Property"): (a) the land real property described in Exhibit EXHIBIT A attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site lines, and offsite), parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances of every nature and description now or hereafter relating to or benefitting any or all of the Land and the Leased Improvements; (d) all equipment, machinery, building fixtures, and other items of property required for (whether realty, personalty or incidental to the use of the Leased Improvements as a hotelmixed), including all components thereof, now or hereafter located in, on or used in connection with, and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tangible Personal Property (as hereinafter defined) which are not permanently affixed to or incorporated in the Leased Property (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.and

Appears in 3 contracts

Sources: Facility Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Alterra Healthcare Corp), Facility Lease Agreement (Emeritus Corp\wa\)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord’s rights and interests in and to the following with respect to each of the Facilities (collectively, the “Leased Property shall mean and is comprised of Lessor’s interest in the following:Property”): (a) the land real property or properties described in Part I of Exhibit A B attached hereto and by reference incorporated herein together with the leasehold estates described in Part II of Exhibit B (as to which this Master Lease will constitute a sublease) (collectively, the “Land”); (b) all buildings, structures structures, barges, and other improvements of every kind now or hereafter located on the Land or connected thereto including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land of each such Facility (collectively, the “Leased Improvements”); provided, however, that the foregoing shall not affect or contradict the provisions of this Master Lease which specify that Tenant shall be entitled to certain benefits of or rights with respect to the Tenant Capital Improvements; (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelproperty, including all components thereof, that are now or hereafter located in, on or used in connection with and hereafter permanently affixed to or otherwise incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”);; provided, however, that the foregoing shall not affect or contradict the provisions of this Master Lease which specify that Tenant shall be entitled to certain benefits of or rights with respect to the Tenant Capital Improvements; and (e) all furniture other properties or rights, real, personal or otherwise of Landlord or Landlord’s Subsidiaries relating to the Leased Property; in each case, with respect to clauses (b), (d) and furnishings (e) above, to the extent constituting “real property” as that term is defined in Treasury Regulation §1.856-3(d). The Leased Property shall not, for any purposes under this Master Lease, include those assets described on Schedule 1 attached hereto (collectively, “Excluded Assets”). The Leased Property is leased subject to all covenants, conditions, restrictions, easements and all other items matters affecting the Leased Property as of personal property (excluding Inventory the Commencement Date and personal property owned such subsequent covenants, conditions, restrictions, easements and other matters permitted by Lessee) located onthis Master Lease or as may be agreed to by Landlord or Tenant in accordance with the terms of this Master Lease, and used in connection withwhether or not of record, the operation including any matters which would be disclosed by an inspection or accurate survey of the Leased Improvements Property as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all rightCommencement Date. Notwithstanding the foregoing, title and interest following (a) the removal of Lessor under any Facility from this Master Lease pursuant to Section 1.5, (b) the Space Leases assignment by Tenant of its Leasehold Estate with respect to any Facility pursuant to Section 22.2(iii), (including c) the termination of this Master Lease with respect to any rentsFacility pursuant to Section 14.2, security deposits or collateral held by or owing (d) the termination of the Master Lease with respect to Lessor any Facility pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSIONto Section 15.1, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFsuch Facility shall no longer constitute Leased Property hereunder.

Appears in 3 contracts

Sources: Master Lease (MGM Resorts International), Master Lease (VICI Properties L.P.), Master Lease (MGM Resorts International)

Leased Property. The leased property (the "Leased Property shall mean and Property") is comprised of Lessor’s 's interest in the following: (a) [delete this section for the Holiday Inn Express, Harrisburg, PA and the Comfort Inn, Denver, PA] the land described in Exhibit A "A" attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases and licenses to Tenant and Tenant leases and licenses from Landlord all of Landlord’s right, title and interest in and to all of the following (each of items (a) through (f) below which, as of the Commencement Date, relates to any single Travel Center, a “Property” and together with item (g) below, collectively, the “Leased Property”, and those portions of the Leased Property shall mean and is comprised of Lessor’s interest described in items (a) through (d) below being the following:“Real Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-36, attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixturesmachinery and fixtures integral to the operation of the Leased Improvements, and other items of property required for now or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with Intangible Property; (f) any and all replacements, modifications, alterations and additions theretoleases of space in the Leased Improvements; and LESS AND EXCEPT and (g) all portions of the foregoing that are leased under Space Leases and all rightTransferred Trademarks whether or not used at or on any Property (such rights of Tenant in the Transferred Trademarks being nonexclusive, title and interest of Lessor under worldwide, non-assignable but sublicensable to the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant theretoextent expressly set forth in this Agreement). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (TravelCenters of America Inc. /MD/), Lease Agreement (TravelCenters of America Inc. /MD/)

Leased Property. The Leased Property shall mean and "LEASED PROPERTY" is comprised of Lessor’s 's interest in the following:following (other than any Excluded Property): (a) the land or ground leasehold interest described in Exhibit A "A" attached hereto and by reference incorporated herein (the “Land”"LAND");. (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to to, and any leasehold interest of Lessor as a tenant in, such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”"IMPROVEMENTS"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, wall coverings all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”"FIXTURES"); (e) all equipment, machinery and other items of property incidental to the use of the Improvements as a hotel, including all components thereof, now or hereafter located at the Improvements or used exclusively in connection therewith, including, without limitation, all computer and front desk equipment, such as reservations systems, accounting systems, printers and other office equipment, all equipment and systems required for the operation of kitchens, bars and Restaurants, if any, and laundry and dry cleaning facilities, dining room wagons, materials, handling equipment, cleaning and engineering equipment, and vehicles, but excluding the Fixtures, Furniture and Inventory (collectively, the "EQUIPMENT"); (f) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions theretothereto (collectively, "FURNITURE"); and (g) the lessor's interest in, to and LESS AND EXCEPT under all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto), which interests shall be conditionally assigned to Lessee if required by applicable law or the terms and conditions of such leases. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES HOTEL GUESTS AND TENANTS IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (Felcor Lodging Trust Inc), Lease Agreement (Bristol Hotels & Resorts Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following with respect to each of the Facilities (collectively the “Leased Property”): (a) the land real property or properties described in Exhibit A B attached hereto and by reference incorporated herein (collectively, the “Land”); (b) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind now or hereafter located on the Land including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land and Capital Additions funded by Landlord of each such Facility (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased ImprovementsImprovements (collectively, the “Related Rights”); (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with and permanently affixed to or incorporated into the Leased Improvements, including, without limitation, including all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and systems, apparatus, sprinkler systems and systems, fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”);; and (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) Personal Property located on, and used on the Land or in connection with, the operation of the Leased Improvements as a hotelof the Commencement Date, together with all replacements, modifications, alterations and additions theretosubstitutes therefor (whether or not constituting an upgrade) in accordance with the terms of this Master Lease or as required by the State in which the applicable Facility is located or by any other governmental entity to operate such Facility (collectively, “Landlord’s Personal Property”); provided, however that the term “Landlord’s Personal Property” shall expressly exclude (i) Tenant’s Cash, (ii) Tenant’s Accounts, (iii) the Intangible Property, (iv) Tenant’s Personal Property and LESS AND EXCEPT (v) all portions proceeds of the foregoing that are foregoing. The Leased Property is leased under Space Leases subject to all covenants, conditions, restrictions, easements and all rightother matters affecting the Leased Property as of the Commencement Date and such subsequent covenants, title conditions, restrictions, easement and interest other matters as may be agreed to by Landlord or Tenant in accordance with the terms of Lessor under the Space Leases (this Master Lease, whether or not of record, including any rents, security deposits matters which would be disclosed by an inspection or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFaccurate survey of the Leased Property.

Appears in 2 contracts

Sources: Master Lease (SHG Services, Inc.), Master Lease (Sabra Health Care REIT, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-53 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property (collectively, the “Leased Personal Property”); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A C, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, the Hotel, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture and furnishings machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by Tenant or owing to Lessor Manager pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Leased Improvements to tenants thereof.

Appears in 2 contracts

Sources: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following: following (each of items (a) through (g) below which, as of the land Commencement Date, relates to any single Facility, a “Property” and, collectively, the “Leased Property”): -18- (a) those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A attached hereto and by reference incorporated herein Exhibits A-1 through A-18 (the “Land”); ; (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); ; (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; ; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the “Fixtures”); ; (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant's business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions theretoto such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the “Leased Personal Property”); (f) all of the Leased Intangible Property; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto)Leased Improvements. THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.The Leased Property does not include the Excluded Assets. -19- 2.2

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Alterra Healthcare Corp)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-50 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property (collectively, the “Leased Personal Property”); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following (collectively, the “Leased Property”): (a) the land real property or properties described in Exhibit A B-1 attached hereto and by reference incorporated herein (collectively, the “Land”); (b) all buildings, structures structures, Landlord Fixtures (as hereinafter defined) and other improvements of every kind located on the Land or connected thereto as of the Effective Date, including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same as of the Effective Date), parking areas and roadways appurtenant to such buildings and structures presently situated upon structures, in each case that exists as of the Land Effective Date, and excluding any Capital Improvement (collectively, the “Leased Improvements”);; and (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) . The Leased Property is leased subject to all equipmentcovenants, machineryconditions, fixturesrestrictions, easements and other items matters affecting the Leased Property as of property required for the Commencement Date and such subsequent covenants, conditions, restrictions, easements and other matters as may be agreed to by Landlord or incidental to Tenant in accordance with the use terms of this Lease, whether or not of record, including any matters which would be disclosed by an inspection or accurate survey of the Leased Improvements as a hotelProperty. Notwithstanding the foregoing, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other Property shall exclude those items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFreferenced on Schedule 1.1.

Appears in 2 contracts

Sources: Ground Lease (Bally's Chicago, Inc.), Ground Lease (Bally's Chicago, Inc.)

Leased Property. The Leased Property shall mean and is comprised of Lessor’s interest in the following: (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Hotel Lease Agreement (Moody National REIT I, Inc.), Hotel Lease Agreement (Moody National REIT I, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, including, but not limited to, the execution, delivery and performance of Lessor’s the terms and conditions of the Consent and Assignment, and subject to the rights of any Facility Mortgagee and any Superior Landlord, Landlord leases to Tenant and Tenant leases from Landlord, effective as of the Commencement Date, all of Landlord's right, title, and interest in and to the following:following (collectively, the "Leased Property"): (a) the those certain tracts, pieces and parcels of land that are more particularly described in Exhibit A attached hereto (together with all and by reference incorporated herein singular the rights and appurtenances pertaining to such tracts and parcels, including any right, title and interest of Landlord in and to any easements benefiting the Leased Property, adjacent strips or gores, streets, alleys or rights-of-way, and all rights of ingress and egress thereto) (the foregoing are hereinafter referred to collectively as the "Land"); (b) all buildings, structures structures, and other improvements of every kind situated upon the Land, including, but not limited to, all Capital Expenditures, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site onsite and offsite), parking areas and roadways appurtenant to such buildings roadways, all luxury apartments, all swimming pools, restaurants, hotel rooms, lounges, and structures presently situated upon the Land various other guest and spa facilities (collectively, the “Leased Improvements”"Facility"); (c) all easements, rights and appurtenances relating to the Land and the Leased ImprovementsFacility; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased ImprovementsFacility, including, without limitation, all lift systems, furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems systems, and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding Tenant's Personal Property (collectively, the "Fixtures");; and (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property the FF&E owned by Lessee) Landlord located on, in or on the Facility or stored offsite and used designated for use in connection with, the with any present or future occupation or operation of the Leased Improvements as a hotelFacility, together with all replacements, modifications, alterations and additions thereto; , but specifically excluding any Excess FF&E not owned by Landlord and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFTenant's Personal Property.

Appears in 2 contracts

Sources: Lease Agreement (Host Marriott L P), Lease Agreement (Host Marriott Corp/)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord demises and leases to Tenant and Tenant accepts and leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following (collectively, the “Leased Property”): (a) the land real property described in Exhibit A B attached hereto hereto, together with any ownership interests in adjoining roadways, alleyways, strips, gores and by reference incorporated herein the like appurtenant thereto (collectively, the “Land”); (b) the Ground Leases (as defined below), together with the leasehold estates in the Ground Leased Property (as defined below), as to which this Lease will constitute a sublease, including, without limitation, the Premises as defined in the Octavius Ground Lease (as defined below); (c) all buildings, structures structures, Fixtures and other improvements of every kind now or hereafter located on the Land or the improvements located thereon or permanently affixed to the Land or the improvements located thereon, including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, provided, however, that the foregoing shall not affect or contradict the provisions of this Lease which specify that Tenant shall be entitled to certain rights and appurtenances relating with respect to or benefits of the Land and the Leased Improvements;Tenant Capital Improvements as expressly set forth herein; and (d) all equipmenteasements, machinery, fixtures, development rights and other items of property required for or incidental rights appurtenant to the use Land or the Leased Improvements. The Leased Property is leased subject to all covenants, conditions, restrictions, easements and other matters of any nature affecting the Leased Property or any portion thereof as of the Commencement Date and such subsequent covenants, conditions, restrictions, easements and other matters as may hereafter arise in accordance with the terms of this Lease or as may otherwise be agreed to in writing by Landlord and Tenant, whether or not of record, including any matters which would be disclosed by an inspection or accurate survey of the Leased Improvements as a hotel, including all components Property or any portion thereof, now and hereafter permanently affixed to . To the extent Landlord’s ownership of any Leased Property or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases any portion thereof (including any rentsimprovement (including any Capital Improvement) or other property) that does not constitute “real property” within the meaning of Treasury Regulation Section 1.856-3(d), security deposits which would otherwise be owned by Landlord and leased to Tenant pursuant to this Lease, could cause Landlord REIT to fail to qualify as a “real estate investment trust” (within the meaning of Section 856(a) of the Code, or collateral held by any similar or owing to Lessor pursuant successor provision thereto), then a portion of such property shall instead be owned by Propco TRS LLC, a Delaware limited liability company, which is a “taxable REIT subsidiary” (within the meaning of Section 856(l) of the Code, or any similar or successor provision thereto) of Landlord REIT (the “Propco TRS”), to the extent necessary such that Landlord’s ownership of such Leased Property does not cause Landlord REIT to fail to qualify as a real estate investment trust, provided, there shall be no adjustment in the Rent as a result of the foregoing. THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSIONIn such event, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTSLandlord shall cause the Propco TRS to make such property available to Tenant in accordance with the terms hereof; however, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLandlord shall remain fully liable for all obligations of Landlord under this Lease and shall retain sole decision-making authority for any matters for which Landlord’s consent or approval is required or permitted to be given and for which Landlord’s discretion may be exercised under this Lease.

Appears in 2 contracts

Sources: Lease (CAESARS ENTERTAINMENT Corp), Lease (Vici Properties Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land that is more particularly described in Exhibit A B, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, the Facility, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture and furnishings machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions theretoto such property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); and LESS AND EXCEPT and (f) all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Intangible Property.

Appears in 2 contracts

Sources: Lease Agreement (CNL Health Care Properties Inc), Lease Agreement (CNL Health Care Properties Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (each of items (a) through (g) below which, as of the Commencement Date, relates to any single Hotel, a "Property" and, collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A A-1 through A-57, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant's business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Candlewood Hotel Co Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-32 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property (collectively, the “Leased Personal Property”); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following with respect to each of the Facilities (collectively, the “Leased Property”): (a) the land real property or properties described in Exhibit A B attached hereto and by reference incorporated herein (collectively, the “Land”); (b) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind now or hereafter located on the Land or connected thereto including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same), parking areas and roadways appurtenant to such buildings and structures presently situated upon of each such Facility, and, to the Land extent constituting “real property” as that term is defined in Treasury Regulation §1.856-3(d), all buildings, structures, Fixtures and other improvements of every kind now or hereafter located on the leased real property or the barges serving as foundations or points of access connected thereto (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements;; and (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelproperty, including all components thereof, that (i) are now or hereafter located in, on or used in connection with and hereafter permanently affixed to or otherwise incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air Improvements and water pollution control, waste disposal, air(ii) qualify as Long-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estateLived Assets, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e; in each case, with respect to clauses 1.1(b) and 1.1(d) above, to the extent constituting “real property” as that term is defined in Treasury Regulation §1.856-3(d). The Leased Property is leased subject to all furniture covenants, conditions, restrictions, easements and furnishings other matters affecting the Leased Property as of the Commencement Date and all such subsequent covenants, conditions, restrictions, easements and other items matters as may be agreed to by Landlord or Tenant in accordance with the terms of personal property (excluding Inventory and personal property owned this Master Lease, whether or not of record, including any matters which would be disclosed by Lessee) located on, and used in connection with, the operation an inspection or accurate survey of the Leased Improvements as a hotelProperty. Notwithstanding the foregoing, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Property shall exclude those items referenced on Schedule 1.1.

Appears in 2 contracts

Sources: Master Lease (PENN Entertainment, Inc.), Master Lease (Gaming & Leisure Properties, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s rights and interest in and to the following:following with respect to each of the Facilities (collectively, the “Leased Property”): (a) the land real property or properties described in Exhibit A B attached hereto and by reference incorporated herein (collectively, the “Land”); (b) all buildings, structures structures, barges, riverboats, Fixtures (as hereinafter defined) and other improvements of every kind now or hereafter located on the Land or connected thereto including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land of each such Facility (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements;; and (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelproperty, including all components thereof, that (i) are now or hereafter located in, on or used in connection with and hereafter permanently affixed to or otherwise incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air Improvements and water pollution control, waste disposal, air(ii) qualify as Long-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estateLived Assets, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) . Notwithstanding anything contained herein to the contrary, NJ Operator shall not acquire a leasehold interest through this Master Lease in any Leased Property or Facility, as applicable, leased to Tenant pursuant to this Master Lease that is located in the State of Louisiana. The Leased Property is leased subject to all furniture covenants, conditions, restrictions, easements and furnishings other matters affecting the Leased Property as of the Commencement Date and all such subsequent covenants, conditions, restrictions, easements and other items matters as may be agreed to by Landlord or Tenant in accordance with the terms of personal property (excluding Inventory and personal property owned this Master Lease, whether or not of record, including any matters which would be disclosed by Lessee) located on, and used in connection with, the operation an inspection or accurate survey of the Leased Improvements as a hotelProperty. Notwithstanding the foregoing, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Property shall exclude those items referenced on Schedule 1.1.

Appears in 2 contracts

Sources: Master Lease (Gaming & Leisure Properties, Inc.), Master Lease (Eldorado Resorts, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land all those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A EXHIBIT "B", attached hereto and by reference incorporated herein made a part hereof (collectively, the "Land"); (b) the Hotel, all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofpersonal property, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onon or in the Leased Improvements, and used in connection withall modifications, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; to such property, except items, if any, included within the category of Fixtures, and LESS AND EXCEPT specifically excluding all portions items included within the category of Tenant's Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest subleases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by or owing to Lessor Tenant pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Leased Improvements to subtenants thereof.

Appears in 2 contracts

Sources: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

Leased Property. The Effective as of the Commencement Date for each Leased Property shall mean Property, upon and is comprised subject to the terms and conditions hereinafter set forth, Lessor leased, and as of the Effective Date hereby continues to lease, to Tenant, and Tenant leased, and as of the Effective Date hereby continues to lease, from Lessor, all of Lessor’s rights and interest in and to each of the following: (ai) the land tracts, pieces and parcels of land, as more particularly described in Exhibit A attached hereto and by reference incorporated herein (collectively, the “Land”; each parcel of Land described in Exhibit A, as amended from time to time, excluding those parcels which have been transferred to a New Lease pursuant to Section 40.15 (including, without limitation, a New Lease created pursuant to Section 22.7 hereof);, together with the related property described in clauses (ii) through (iv) below, being referred to herein as a “Leased Property” and all of such parcels of Land, together with all of such related property, being referred to herein collectively as the “Leased Properties”), (bii) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land and Capital Alterations (collectively, the “Leased Improvements”);, (ciii) all easements, rights and appurtenances relating to the Land and the Leased Improvements;, and (div) all permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with, and permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property as defined in ARTICLE II below (collectively, collectively the “Fixtures”); , SUBJECT, HOWEVER, to the Permitted Encumbrances (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used as defined in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant theretoSection 2.1 hereof). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Master Lease Agreement (Kindred Healthcare, Inc), Master Lease Agreement (Kindred Healthcare, Inc)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord’s right, title and interest in and to all of the following (each of items (a) through (e) below which, as of the Effective Date, relates to any single Travel Center, a “Property”, and collectively, the “Leased Property”, and those portions of the Leased Property shall mean and is comprised of Lessor’s interest described in items (a) through (d) below being the following:“Real Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-35 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements, but excluding all of Landlord’s right, title and interest in and to all Minerals and all executory rights and other rights necessary to sell, lease or otherwise convey the Minerals, all of which are expressly reserved by Landlord, provided, however, that Landlord shall not, and shall not authorize or permit any others to, conduct any exploration, evaluation or extraction of any Minerals or pursue any other similar activities relating to the Minerals during the Term; (d) all equipment, machinery, fixturesmachinery and fixtures integral to the operation of the Leased Improvements, and other items of property required for now or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”);; and (e) all furniture and furnishings any and all other items leases of personal property (excluding Inventory and personal property owned by Lessee) located onspace in the Leased Improvements, and used in connection withincluding, without limitation, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFGround Leases.

Appears in 2 contracts

Sources: Lease Agreement (Service Properties Trust), Consent and Amendment Agreement (Service Properties Trust)

Leased Property. The Leased Property shall mean and is comprised of Lessor’s interest in the following: (a) Landlord’s leasehold interest in the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Hotel Lease Agreement (Apple REIT Eight, Inc.), Hotel Lease Agreement (Apple REIT Eight, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the followingfollowing (each of items (a) through (f) below which, as of the Commencement Date, relates to any single Travel Center, a “Property” and, collectively, the “Leased Property”: (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-40, attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixturesmachinery and fixtures integral to the operation of the Leased Improvements, and other items of property required for now or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all retail fuel pumps and piping connecting fuel storage tanks to such pumps, furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions theretoIntangible Property; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and (f) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Travelcenters of America LLC)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions --------------- hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): --------------- (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A C, attached hereto and by reference incorporated herein made a part hereof --------- (the "Land");; ---- (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements");; ------------------- (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures");; -------- (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant's business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions theretoto such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); and LESS AND EXCEPT ------------------------ (f) all portions of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by Tenant or owing to Lessor the Manager pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Leased Improvements to tenants thereof.

Appears in 2 contracts

Sources: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Crestline Capital Corp)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases and licenses to Tenant and Tenant leases and licenses from Landlord all of Landlord’s right, title and interest in and to all of the following (each of items (a) through (f) below which, as of the Commencement Date, relates to any single Travel Center, a “PROPERTY” and together with item (g) below, collectively, the “LEASED PROPERTY”, and those portions of the Leased Property shall mean and is comprised of Lessor’s described in items (a) through (d) below being the “REAL PROPERTY”), Landlord having no right, title or interest in the followingRetained Buildings: (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A EXHIBITS A-1 THROUGH A-146, attached hereto and by reference incorporated herein made a part hereof (the “LandLAND”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased ImprovementsLEASED IMPROVEMENTS”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and fixtures integral to the operation of the Leased Improvements and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “FixturesFIXTURES”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with Intangible Property; (f) any and all replacements, modifications, alterations and additions theretoleases of space in the Leased Improvements; and LESS AND EXCEPT and (g) all portions of the foregoing that are leased under Space Leases and all rightTransferred Trademarks whether or not used at or on any Property (such rights of Tenant in the Transferred Trademarks being nonexclusive, title and interest of Lessor under worldwide, non-assignable but sublicensable to the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant theretoextent expressly set forth in this Agreement). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (Travelcenters of America LLC), Lease Agreement (Hospitality Properties Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-34 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The leased property (the "Leased Property shall mean and Property") is comprised of Lessor’s 's interest in the following: (a) the land described in Exhibit A "A" attached hereto and by ----------- reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-8 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (collectively, the “Leased Property”): (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”)Real Property; (b) all buildings, structures and structures, other improvements and appurtenances of every kind including, but not limited to, the Resort, the alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking garage and parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land Real Property (collectively, the “Leased Improvements”); (c) all easements, leases, including parking leases, rights and appurtenances relating to the Land Real Property and the Leased Improvements, including agreements executed by Landlord to be used in connection with the operation of the Real Property, Improvements and Resort; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property FF&E owned by Lessee) Landlord located on, and used in connection with, the operation Improvements or on the Real Property as of the Leased Improvements as a hotel, together with date hereof and any and all replacements, modifications, alterations and additions theretoto the FF&E, including without limitation, all Leased Personal Property; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and (f) any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by or owing to Lessor Landlord pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the leased Improvements to tenants thereof.

Appears in 2 contracts

Sources: Lease and Operating Agreement, Lease and Operating Agreement (Nevada Property 1 LLC)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord exclusively leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s rights, title and interest in and to the following:following with respect to each of the Facilities (collectively, the “Leased Property”): (a) the land real property or properties described in Exhibit A attached hereto a letter, dated as of the date hereof, delivered by Tenant and acknowledged by reference incorporated herein Landlord, and all other real property or properties owned by Landlord in the geographical areas of each of the Facilities that are (i) the locations for central offices, remote switching locations or other switching facilities and (ii) necessary for the use and operation of, or currently used in the operation of, the Distribution Systems associated with such Facilities (collectively, the “Land”); (b) all buildings, structures structures, and other improvements of every kind now or hereafter located on the Land or connected thereto including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land structures, including all HVAC systems and components, generators, fire suppression systems and other fixtures (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements, including any Easements, Permits and Pole Agreements; (d) all equipmentfiber optic cable lines, machinerycopper cable lines, conduits, telephone poles, attachment hardware (including bolts and lashing), guy wires, anchors, pedestals, concrete pads, amplifiers and such other fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelproperty, including all components thereofthereof (such as cross connect cabinets, windstream outside plant mini-cabinet mounting posts (WOMP), fiber distribution hubs, fiber access terminals and first entry fiber splice cases), that are now or hereafter located in, on or used in connection with and hereafter permanently affixed to or otherwise incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotelFacilities, together with all replacements, modifications, alterations and additions thereto, up through and at the meeting and demarcation points described on Exhibit B attached hereto (collectively, the “Distribution Systems”); and (e) all system maps and LESS AND EXCEPT records for the Distribution Systems. Notwithstanding anything to the contrary contained herein, the Leased Property shall exclude Tenant’s Property (including the Electronics, switching and equipment) and the Excluded Assets. The Leased Property is leased subject to all portions covenants, conditions, restrictions, easements and other matters affecting the Leased Property as of the foregoing that are leased under Space Leases Commencement Date and all rightsuch subsequent covenants, title conditions, restrictions, easements and interest other matters as may be agreed to by Landlord or Tenant in accordance with the terms of Lessor under the Space Leases (this Master Lease, whether or not of record, including any rents, security deposits matters which would be disclosed by an inspection or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFaccurate survey of the Leased Property.

Appears in 2 contracts

Sources: Master Lease (Windstream Services, LLC), Master Lease (Communications Sales & Leasing, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land all that certain tract, piece and parcel of land, as more particularly described in Exhibit A "A", attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) the Facility, all buildings, structures and other improvements of every kind includingkind, but not limited toincluding without limitation all roofs, alleyways plumbing systems, electric systems and HVAC systems, roadways, alleyways, parking areas, sidewalks, curbs, connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways off-site) appurtenant to such buildings and structures or presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, P&E and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”)Inventory; (e) all furniture and furnishings moveable machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such property, but specifically excluding all portions items included within the category of Tenant's Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; (g) any and all rightsubleases of space in the Leased Improvements to subtenants thereof; and (h) All other property and interests in property conveyed or assigned to Landlord pursuant to the Real Estate Purchase and Sale Agreement governing the sale and conveyance of the Leased Property from Guarantor to Landlord dated as of February 11, title and interest of Lessor under 2002 (the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Purchase Agreement"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (American Retirement Corp), Lease Agreement (CNL Retirement Properties Inc)

Leased Property. The Leased Property Except as set forth in an individual Lease (including any schedule or exhibit thereto), the property that is the subject of each Lease and that shall mean and is comprised of Lessor’s interest in be considered as leased by the followingLandlord to the Tenant thereunder shall consist of: (a) the The land described in Exhibit A attached hereto and by reference incorporated herein the Lease (the “"Land"); (b) all All buildings, structures structures, and other improvements of every kind includingimprovements, but not limited toincluding without limitation sidewalks, alleyways and connecting tunnels, sidewalksalleys, utility pipes, conduits conduits, and lines (on-site and offsite)lines, parking areas areas, and roadways appurtenant to such buildings and structures presently roadways, now or hereafter situated upon the Land (collectively, the “Leased "Improvements"); (c) all All easements, rights and other appurtenances relating to the Land and the Leased ImprovementsImprovements ("Appurtenances"); (d) all All permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal property, including all components thereof, now located in, or used in connection with, and hereafter permanently affixed to or incorporated into the Leased Improvements, including, including without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigeratingrefrigerating (but not movable refrigerators), incineration, air and water pollution control, waste disposal, disposal air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding items within the category of "Tenant's Property" defined in Section 12.01 hereof (collectivelycollectively the "Fixtures"). The Land, Improvements, Appurtenances and Fixtures are hereinafter referred to as the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on"Leased Property". SUBJECT, HOWEVER, to the easements, liens, encumbrances, restrictions, agreements, and used other title matters listed or specifically referred to in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases any individual Lease (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Permitted Exceptions"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (National Health Investors Inc), Master Agreement to Lease (National Healthcare Corp)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (each of items (a) through (g) below which, as of the Commencement Date, relates to any single Hotel, a "Property" and, collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-15 attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant's business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by Tenant or owing to Lessor the Manager pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Leased Improvements to tenants thereof.

Appears in 2 contracts

Sources: Lease Agreement (Hospitality Properties Trust), Master Lease Agreement (Hospitality Properties Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-27 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property (collectively, the “Leased Personal Property”); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Senior Housing Properties Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land all that certain tract, piece and parcel of land, as more particularly described in Exhibit A "A", attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) the Facility, all buildings, structures and other improvements of every kind includingkind, but not limited toincluding without limitation all roofs, alleyways plumbing systems, electric systems and HVAC systems, roadways, alleyways, parking areas, sidewalks, curbs, connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways off-site) appurtenant to such buildings and structures or presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, P&E and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”)Inventory; (e) all furniture and furnishings moveable machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such property, but specifically excluding all portions items included within the category of Tenant's Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; (g) any and all right, title subleases of space in the Leased Improvements to subtenants thereof; and (h) All other property and interest interests in property conveyed or assigned to Landlord pursuant to the Purchase Agreement governing the sale and conveyance of Lessor under the Space Leases Leased Property from Guarantor to Landlord on or about the effective date hereof (including any rents, security deposits or collateral held by or owing to Lessor pursuant theretothe "Purchase Agreement"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (CNL Retirement Properties Inc)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all of Landlord’s right, title and interest in and to all of the following (collectively, the “Leased Property”), and grants to Tenant the right to use and occupy the Leased Property shall mean for the purposes, and is comprised of Lessor’s interest subject to the limitations, set forth in the followingthis Lease: (a) the land all that certain tract, piece and parcel of land, as more particularly described in Exhibit A attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures structures, fixtures and other improvements of every kind kind, including, but not limited towithout limitation, alleyways all roofs, plumbing systems, electric systems and HVAC systems, roadways, pavilions, alleyways, parking areas and facilities, landscaping, sidewalks, curbs, connecting tunnels, sidewalks, utility pipes, irrigation systems, conduits and lines (on-on site and offsiteoff site), parking areas and roadways appurtenant to such buildings and structures or presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights hereditaments, appurtenances and appurtenances all other rights, privileges and entitlements, if any, relating to the Land and the Leased Improvements; (d) all Initial Landlord P&E, all P&E Replacements and all Inventory; (e) all moveable machinery, equipment, furniture, furnishings, computers or trade fixtures (including all vehicles, together with all supplies related thereto), owned by Landlord and located on or in the Leased Improvements, and all modifications, replacements, alterations and additions to such property, including without limitation, to the extent assignable by Landlord, any operating leases of any such Initial ▇▇▇▇▇▇▇▇ ▇&▇, ▇&▇ Replacements or other machinery, equipment, furniture, furnishings, computers or trade fixtures, and other but specifically excluding all items included within the category of property required for or incidental to the use Tenant’s Personal Property; (f) all of the Leased Improvements as a hotelIntangible Property; (g) all maintenance, service and supply contracts, equipment leases, space leases (including without limitation, leases of storage spaces by any non-commercial tenant and all components thereof, now and hereafter permanently affixed to or incorporated into other similar agreements affecting any of the Leased ImprovementsProperty and/or the operation of the Business to the extent that such contracts are transferable, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air the Permits and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estateOperating Contracts, together with all replacementsprepayments and deposits held thereunder (it being agreed that Landlord shall, modificationsas of the Effective Date, alterations make such prepayments and additions thereto (collectively, deposits actually available to Tenant for use in the “Fixtures”operation of the Business); (eh) all furniture plans and furnishings specifications, blue prints, architectural plans, engineering diagrams and similar items specifically related to any of the Land or the Leased Improvements; and (i) all other items of personal property (excluding Inventory and personal interests in property owned by Lessee) located on, and used in connection with, conveyed or assigned to Landlord pursuant to the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFPurchase Agreement.

Appears in 2 contracts

Sources: Lease Agreement (CNL Healthcare Trust, Inc.), Lease Agreement (CNL Healthcare Trust, Inc.)

Leased Property. The Leased Property shall mean and is comprised of Lessor’s 's interest in the following: (a) 1.1.1 the land or ground leasehold interest described in Exhibit A "A" attached hereto and by reference incorporated herein (the "Land"); (b) 1.1.2 all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) 1.1.3 all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) 1.1.4 all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) 1.1.5 all furniture and furnishings furnishings, Inventory and all other items of personal property (excluding Inventory and other personal property owned by Lessee) located on, and used in connection withconnection, with the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and 1.1.6 all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (Host Funding Inc), Lease Agreement (Host Funding Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-7 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee, and Lessee rents or hires from Lessor all of the following (the “Leased Property shall mean and is comprised of Lessor’s interest in the following:Property”): (ai) the land The real property particularly described in Exhibit A attached hereto and by reference incorporated herein “A” (the “Land”); (bii) all All of buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land Land, including without limitation the Facilities (as defined below) (collectively, the “Leased Improvements”); (ciii) all the easements, rights and appurtenances relating to the Land and the Leased Improvements; (div) all the permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with, or permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-air cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Lessee’s Personal Property as defined in Article II below (collectively, collectively the “Fixtures”);; and (ev) all furniture and furnishings and all other items All of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all its right, title and interest in and to personal tangible and intangible property including all components thereof, owned by Lessor and now and hereafter located in, on or used in connection with the Leased Improvements. The Leased Property is demised subject to all covenants, conditions, restrictions, easements and all other matters affecting title, whether or not of Lessor under record, the Space Leases (including conditions and limitations expressly set forth herein, and any rents, security deposits or collateral held and all matters created by or owing known to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLessee.

Appears in 2 contracts

Sources: Master Lease Agreement (Assisted Living Concepts Inc), Master Lease Agreement (Assisted Living Concepts Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land all that certain tract, piece and parcel of land, as more particularly described in Exhibit A "A", attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) the Facility, all buildings, structures and other improvements of every kind includingkind, but not limited toincluding without limitation all roofs, alleyways plumbing systems, electric systems and HVAC systems, roadways, alleyways, parking areas, sidewalks, curbs, connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways off-site) appurtenant to such buildings and structures or presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, P&E and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”)Inventory; (e) all furniture and furnishings moveable machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such property, but specifically excluding all portions items included within the category of Tenant's Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; (g) any and all right, title subleases of space in the Leased Improvements to subtenants thereof; and (h) all other property and interest interests in property conveyed or assigned to Landlord pursuant to the Real Estate Purchase and Sale Agreement governing the sale and conveyance of Lessor under the Space Leases Leased Property from Tenant to Landlord on or about the effective date hereof (including any rents, security deposits or collateral held by or owing to Lessor pursuant theretothe "Purchase Agreement"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (CNL Retirement Properties Inc), Lease Agreement (American Retirement Corp)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-25 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property (collectively, the “Leased Personal Property”); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which, as of the Commencement Date, relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-[67], attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property (collectively, the “Leased Personal Property”); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 2 contracts

Sources: Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Senior Housing Properties Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (collectively or individually as the context may require, the “Leased Property”): (ai) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A attached hereto and by reference incorporated herein made a part hereof (collectively, the “Land”); (bii) all buildings, structures structures, Fixtures (all capitalized terms used but not elsewhere defined herein shall have the meanings provided therefor in Article II hereof) and other improvements of every kind includingkind, but not limited to, alleyways and connecting tunnelsincluding alleyways, sidewalks, utility pipes, conduits and lines (on-site and offsite)lines, parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the “Leased Improvements”); (ciii) all easements, rights and appurtenances relating to the Land and the Leased Improvements;; and (div) all permanently affixed equipment, machinery, fixturesfixtures (as defined in the Uniform Commercial Code as in effect in the State of New York) (including all HVAC equipment, elevators, escalators and lighting, together with all equipment, parts and supplies used to service, repair, maintain and equip the foregoing), and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with, and permanently affixed to or incorporated into the Leased Improvements, including, without limitation, including all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air air- and water pollution water-pollution-control, waste waste-disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire fire- and theft theft-protection equipment, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, collectively the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of provided that the foregoing that are leased under Space Leases and shall exclude all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFitems included within Tenant’s Personalty.

Appears in 2 contracts

Sources: Master Lease Agreement (Toys R Us Property Co II, LLC), Master Lease Agreement (Toys R Us Property Co II, LLC)

Leased Property. The leased property (the "Leased Property shall mean and Property") is comprised of Lessor’s 's interest in the following: (a) the land described in Exhibit A "A" attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and or the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (Humphrey Hospitality Trust Inc), Lease Agreement (Humphrey Hospitality Trust Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A C, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, the Hotel, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures (including without limitation the telephone switches and furnishings voice mail) located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by or owing to Lessor Tenant pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Leased Improvements to tenants thereof.

Appears in 2 contracts

Sources: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, including, but not limited to, the execution, delivery and performance of Lessor’s the terms and conditions of the Consent and Assignment, and subject to the rights of any Facility Mortgagee and any Superior Landlord, Landlord leases to Tenant and Tenant leases from Landlord, effective as of the Commencement Date, all of Landlord's right, title, and interest in and to the following:following (collectively, the "LEASED PROPERTY"): (a) the those certain tracts, pieces and parcels of land that are more particularly described in Exhibit A attached hereto (together with all and by reference incorporated herein --------- singular the rights and appurtenances pertaining to such tracts and parcels, including any right, title and interest of Landlord in and to any easements benefiting the Leased Property, adjacent strips or gores, streets, alleys or rights-of-way, and all rights of ingress and egress thereto) (the “Land”foregoing are hereinafter referred to collectively as the "LAND"); (b) all buildings, structures structures, and other improvements of every kind situated upon the Land, including, but not limited to, all Capital Expenditures, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site onsite and offsite), parking areas and roadways appurtenant to such buildings roadways, all luxury apartments, all swimming pools, restaurants, hotel rooms, lounges, and structures presently situated upon the Land various other guest and spa facilities (collectively, the “Leased Improvements”"FACILITY"); (c) all easements, rights and appurtenances relating to the Land and the Leased ImprovementsFacility; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased ImprovementsFacility, including, without limitation, all lift systems, furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems systems, and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding Tenant's Personal Property (collectively, the “Fixtures”"FIXTURES");; and (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property the FF&E owned by Lessee) Landlord located on, in or on the Facility or stored offsite and used designated for use in connection with, the with any present or future occupation or operation of the Leased Improvements as a hotelFacility, together with all replacements, modifications, alterations and additions thereto; , but specifically excluding any Excess FF&E not owned by Landlord and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFTenant's Personal Property.

Appears in 2 contracts

Sources: Lease Agreement (Crestline Capital Corp), Lease Agreement (HMC Merger Corp)

Leased Property. The leased property (the "Leased Property shall mean and Property") is comprised of Lessor’s 's interest in each of the followinghotel properties described in Exhibit "A" attached hereto, as it may be amended from time to time (each a "Leased Property"), as follows: (a) the land or ground leasehold interests described in Exhibit A "A" attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and or the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Master Lease Agreement (Humphrey Hospitality Trust Inc), Master Lease Agreement (Humphrey Hospitality Trust Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A C, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture and furnishings machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by or owing to Lessor Tenant pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFin the Leased Improvements to tenants thereof.

Appears in 2 contracts

Sources: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Hospitality Properties Trust)

Leased Property. The Leased Property shall mean Landlord hereby leases to Tenant and is comprised of Lessor’s interest in Tenant hereby leases from Landlord the followingfollowing property: (a) the The land described in Exhibit A attached hereto and by reference incorporated herein (the "Land");. (b) all All buildings, structures structures, and other improvements of every kind includingimprovements, but not limited to, alleyways and connecting tunnelsincluding without limitation, sidewalks, alleys, utility pipes, conduits conduits, and lines (on-site and offsite)lines, parking areas areas, and roadways appurtenant to such buildings and structures presently roadways, now or hereafter situated upon the Land (collectively, the “Leased "Improvements");. (c) all All easements, rights and other appurtenances relating to the Land and Improvements (the Leased Improvements;"Appurtenances"). (d) all All permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and personal property, including all components thereof, now located in, or used in connection with, and hereafter permanently affixed to or incorporated into the Leased Improvements, including, including without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto but specifically excluding all items included within the category of Personal Property as defined below (collectively, collectively the "Fixtures");. (e) All machinery, equipment, furniture, furnishings, movable walls or partitions, computers, trade fixtures, consumable inventory and supplies, and other personal property used or useful in Tenant's business on the Leased Property, including without limitation, all furniture and furnishings and all other items of personal property furniture, furnishings, equipment, supplies and inventory listed on Exhibit A-1 attached hereto and the replacements therefor, except items, if any, included within the definition of Fixtures (excluding Inventory and personal property owned by Lessee) located oncollectively the "Personal Property"). SUBJECT, HOWEVER, to all easements, liens, encumbrances, restrictions, agreements, and used in connection with, the operation other title matters existing as of the Leased Improvements date hereof as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of listed on Exhibit B attached hereto (the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Permitted Exceptions"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 2 contracts

Sources: Lease Agreement (Balanced Care Corp), Lease Agreement (Just Like Home Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions set forth in this Lease, Landlord leases to Tenant and Tenant rents from Landlord all of Lessor’s Landlord's rights and interest in and to the following:following real property, improvements and related rights (collectively the "Leased Property"): --------------- (a) the land described in Exhibit A B attached hereto and by reference incorporated herein (collectively, --------- the "Land");; ---- (b) all buildings, structures structures, Fixtures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-on site and offsiteoff site), parking areas areas, driving ranges, roadways, cart paths, bridges, lakes, irrigation systems, and roadways appurtenant to such buildings and structures course markers presently situated upon the Land Land, but not including any Tenant Improvements (collectively, the ----------------- "Leased Improvements");; ------------------- (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements;Improvements (collectively, the "Related Rights"); and -------------- (d) all equipmentpersonal property, machineryif any, fixturesowned by Landlord and located on the Leased Property, which personal property is described in Exhibit E --------- attached hereto, but not including any (i) pro shop inventories, ----------------- (ii) food and other items beverage consumables, or (iii) copies of property required for or incidental books and records related to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto Property (collectively, the “Fixtures”"Landlord's Personal ------------------- Property");. -------- (e) any other property conveyed to Landlord pursuant to the terms of the Purchase Agreement, including, but not limited to, all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onproperty, and used included in connection withthe term "Property" as defined therein. Upon the Commencement Date, the operation Landlord shall deliver exclusive possession of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing Property to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFTenant.

Appears in 1 contract

Sources: Lease (National Golf Properties Inc)

Leased Property. The Leased Property Except as set forth in an individual Lease (including any schedule or exhibit thereto), the property that is the subject of each Lease and that shall mean and is comprised of Lessor’s interest in be considered as leased by the followingLandlord to the Tenant thereunder shall consist of: (a) the The land described in Exhibit A attached hereto the Lease, together with all rights, titles, appurtenant interests, covenants, licenses, privileges and by reference incorporated herein benefits thereto belonging, and any easements, rights-of-way, rights of ingress or egress or other interests in, on, or to any land, highway, street, road or avenue, open or proposed, in, on, across, in front of, abutting or adjoining such real property including, without limitation, any strips and gores adjacent to or lying between such real property and any adjacent real property (the "Land"); (b) all All buildings, improvements, structures and other improvements of every kind Fixtures now located or to be located or to be constructed on the Land, including, but not limited towithout limitation, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite)landscaping, parking areas lots and roadways appurtenant to such buildings structures, roads, drainage and structures presently situated upon all above ground and underground utility structures, equipment systems and other so-called "infrastructure" improvements (the Land (collectively, the “Leased "Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all All equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now located in, on or used in connection with, and hereafter permanently affixed to or incorporated into into, the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and similar systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, collectively the "Fixtures"); (ed) All furniture, equipment, inventory and other personal property located on the Land and owned by Landlord (the "Personal Property"). For purposes hereof, (i) Personal Property shall include all furniture and furnishings and all other items of personal property (excluding Inventory which Tenant is obligated to install, place, use, maintain, repair and/or replace pursuant to the provisions of Sections 8.06 and personal 8.07 hereof, however, such Personal Property is and shall remain the property owned by Lessee) located onof Tenant until the expiration or termination of this Lease. The Land, Improvements, Fixtures and Personal Property are hereinafter referred to as the "Leased Property." SUBJECT, HOWEVER, to the easements, liens, encumbrances, restrictions, agreements, and used in connection with, the operation other title matters existing as of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions date of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFthis Agreement.

Appears in 1 contract

Sources: Master Agreement to Lease (Prison Realty Corp)

Leased Property. Upon and subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee, and Lessee rents and hires from Lessor all of the following (the "Leased Property"): (i) The Leased Property shall mean and is comprised of Lessor’s interest real property situated in the following: (a) the land Commonwealth of Pennsylvania and more particularly described in Exhibit A "A" attached hereto and by reference incorporated herein hereto, as the same may be supplemented or modified from time to time (the "Land"); (bii) all All buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (ciii) all All easements, rights and appurtenances relating to the Land and the Leased Improvements; (div) all All permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-air conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law the law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, to the extent acquired by Lessor pursuant to the "Purchase Agreement" as defined in Article II hereof (collectivelycollectively the "Fixtures"); and (v) All personal tangible and intangible property comprising the "Personal Property" and/or the "Intangible Property" acquired by Lessor pursuant to the Purchase Agreement. The Leased Property includes that certain assisted living facility located in the City of Erie, County of Erie, Commonwealth of Pennsylvania and commonly known as Karrington at Presque Isle Bay at ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Notwithstanding the foregoing, the “Fixtures”); (e) Leased Property shall not include any property not acquired by Lessor from the Seller pursuant to the Purchase Agreement. The Leased Property is demised subject to all furniture covenants, conditions, restrictions, easements, and furnishings other matters of record, and all other items of personal property (excluding Inventory matters that affect title, zoning and personal property owned any other matters set forth in that certain Title Policy issued by Lessee) located on, and used in connection with, the operation Chicago Title Company concurrently with Lessor's purchase of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases Property and all right, matters disclosed in the ALTA survey obtained in connection with such title and interest of Lessor under insurance (collectively the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Permitted Title Matters"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease Agreement (LTC Healthcare Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord exclusively leases to Tenant, and Tenant leases from Landlord, all of Lessor’s Landlord's rights, title and interest in and to the following:following with respect to each of the Facilities (collectively, the "Leased Property"): (a) the land real property or properties described in Exhibit A B attached hereto and by reference incorporated herein (collectively, the "Land"); (b) all buildingsfiber optic cable lines, structures copper cable lines, conduits, utility poles, attachment hardware (including bolts and lashing), guy wires, anchors, pedestals, concrete pads, amplifiers and such other fixtures, and other items of property, including all components thereof (such as cross connect cabinets, outside plant mini-cabinet mounting posts, fiber distribution hubs, fiber access terminals and first entry fiber splice cases), that are now or hereafter located in, on or used in connection with and permanently affixed to or otherwise incorporated into the Facilities, together with all replacements, modifications, alterations and additions thereto, up through and at the meeting and demarcation points described on Exhibit B attached hereto (collectively, the "Distribution Systems"), and, without duplication, any improvements of every kind including(including buildings and structures) now or hereafter located on the Land or connected thereto, but not limited to, including alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site to the extent Landlord has obtained any interest in the same), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land structures, HVAC systems and components, generators, fire suppression systems and other fixtures (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements;, including any Easements, Permits and Pole Agreements; and (d) all system maps and records for the Distribution Systems. Notwithstanding anything to the contrary contained herein, the Leased Property shall exclude Tenant's Property (including the Electronics, switching and equipment) and the Excluded Assets. The Leased Property is leased subject to all covenants, machineryconditions, fixturesrestrictions, easements and other items matters affecting the Leased Property as of property required for the Commencement Date and such subsequent covenants, conditions, restrictions, easements and other matters as may be agreed to by Landlord or incidental to Tenant in accordance with the use terms of this Master Lease, whether or not of record, including any matters which would be disclosed by an inspection or accurate survey of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFProperty.

Appears in 1 contract

Sources: Master Lease

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases and licenses to Tenant and Tenant leases and licenses from Landlord all of Landlord’s right, title and interest in and to all of the following (each of items (a) through (f) below which, as of the Commencement Date, relates to any single Travel Center, a “Property” and together with item (g) below, collectively, the “Leased Property”, and those portions of the Leased Property shall mean and is comprised of Lessor’s interest described in items (a) through (d) below being the following:“Real Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-39, attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixturesmachinery and fixtures integral to the operation of the Leased Improvements, and other items of property required for now or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with Intangible Property; (f) any and all replacements, modifications, alterations and additions theretoleases of space in the Leased Improvements; and LESS AND EXCEPT and (g) all portions of the foregoing that are leased under Space Leases and all rightTransferred Trademarks whether or not used at or on any Property (such rights of Tenant in the Transferred Trademarks being nonexclusive, title and interest of Lessor under worldwide, non-assignable but sublicensable to the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant theretoextent expressly set forth in this Agreement). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease Agreement (Travelcenters of America LLC)

Leased Property. The Leased Property shall mean and (herein so called) is comprised --------------- of Lessor’s 's interest in the following: (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the "Leased Improvements");; ------------------- (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing occupancy leases of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease Agreement (Boston Properties Inc)

Leased Property. The "Leased Property shall mean and Property" is comprised of Lessor’s 's --------------- interest in the following: (a1) the parcels of land or ground leasehold interest described in Exhibit A "A" attached hereto and by reference incorporated herein (the ---------- "Land"); (b2) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c3) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d4) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e5) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, on and used in connection with, with the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (6) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). The land; improvements; related easements, rights and appurtenances; fixtures, furniture and furnishings and related facilities comprising one or more additional hotel properties may become Leased Property hereunder by virtue of the execution and delivery by the parties hereto of a supplement to this Lease in the form attached hereto as Exhibit B. Any of the foregoing comprising the Leased Property attributable to any hotel property which is subject hereto may be released from the provisions hereof and eliminated from the definition of Leased Property hereunder by the execution and delivery by the parties hereto of a supplement to this Lease in the form attached hereto as Exhibit C. As used herein, the term Leased Property shall, unless the context clearly requires to the contrary, mean all of the hotel properties comprising the Leased Property collectively and each hotel property individually, and an "Individual Leased Property" shall refer to a single specific hotel property which is subject to the terms of this Lease. Lessor and Lessee acknowledge, covenant and agree that, notwithstanding the fact that the Leased Property is comprised of a number of Individual Leased Properties, this Lease shall be severable as to each respective Individual Leased Property such that (except as may now or hereafter otherwise be set forth in this Lease) any termination of this Lease as to one Individual Leased Property (including, by way of illustration and not limitation, termination arising by reason of a foreclosure of an Encumbrance affecting an Individual Leased Property) shall not result in a termination of this Lease as to any other Individual Leased Property. THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Master Lease Agreement (Jameson Inns Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (each of items (a) through (g) below which, as of the Commencement Date, relates to any single Facility, a “Property” and, collectively, the “Leased Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-2, attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant’s business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant’s Personal Property; (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 1 contract

Sources: Master Lease Agreement (Five Star Quality Care Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee and Lessee leases from Lessor all of Lessor’s 's right, title and interest in and to all of the following:following (collectively, the "Leased Property"): (a) the each parcel of land that is more particularly described in Exhibit A F, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, the Retirement Community, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the each parcel of Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the each parcel of Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Lessee's Personal Property (collectively, the "Fixtures"); (e) all furniture and furnishings machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions theretoto such property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Lessee's Personal Property (collectively, the "Leased Personal Property"); and LESS AND EXCEPT and (f) all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Intangible Property.

Appears in 1 contract

Sources: Lease Agreement (CNL Retirement Properties Inc)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord’s right, title and interest in and to all of the following (each of items (a) through (e) below which, as of the Effective Date, relates to any single Travel Center, a “Property”, and collectively, the “Leased Property”, and those portions of the Leased Property shall mean and is comprised of Lessor’s interest described in items (a) through (d) below being the following:“Real Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-35 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements, but excluding all of Landlord’s right, title and interest in and to all Minerals and all executory rights and other rights necessary to sell, lease or otherwise convey the Minerals, all of which are expressly reserved by Landlord, provided, however, that Landlord shall not, and shall not authorize or permit any others to, conduct any exploration, evaluation or extraction of any Minerals or pursue any other similar activities relating to the Minerals during the Term; (d) all equipment, machinery, fixturesmachinery and fixtures integral to the operation of the Leased Improvements, and other items of property required for now or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all retail fuel pumps and piping connecting fuel storage tanks to such pumps, furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”);; and (e) all furniture and furnishings any and all other items leases of personal property (excluding Inventory and personal property owned by Lessee) located onspace in the Leased Improvements, and used in connection withincluding, without limitation, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFGround Leases.

Appears in 1 contract

Sources: Lease Agreement (Service Properties Trust)

Leased Property. Upon and subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee, and Lessee rents and hires from Lessor all of the following (the "Leased Property"): (i) The Leased Property shall mean and is comprised of Lessor’s interest real property situated in the following: (a) the land City of Fort Coll▇▇▇, ▇▇ri▇▇▇ ▇▇▇nty, Colorado and more particularly described in Exhibit A EXHIBIT "A" attached hereto and by reference incorporated herein (the "Land"); (bii) all All buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (ciii) all All easements, rights and appurtenances relating to the Land and the Leased Improvements; (div) all All permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-air conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law the law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, to the extent acquired by Lessor pursuant to the "Purchase Agreement" as defined in Article II hereof (collectively the "Fixtures"); and (v) All tangible and intangible personal property included in the "Property" acquired by Lessor pursuant to the Purchase Agreement, as more particularly described in EXHIBIT "B" attached hereto and made a part hereof, including without limitation all replacements, substitutions, additions or improvements thereto, whether now existing or hereafter acquired (collectively, the “Fixtures”"Personal Property"); . The Leased Property includes that certain 36-unit assisted living facility located in the City of Fort Coll▇▇▇, ▇▇rimer County, Colorado, known as "Clare Bridge Cottage." Notwithstanding the foregoing, the Leased Property shall not include any property not acquired by Lessor from ALS pursuant to the Purchase Agreement (e) as such terms are defined below. The Leased Property is demised subject to all furniture covenants, conditions, restrictions, easements, and furnishings other matters of record, and all other items of personal property (excluding Inventory matters that affect title, zoning and personal property owned any other matters set forth in that certain Title Policy issued by Lessee) located on, and used in connection with, the operation Chicago Title Company concurrently with Lessor's purchase of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases Property and all right, matters disclosed in the ALTA survey obtained in connection with such title and interest of Lessor under insurance (collectively the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Permitted Title Matters"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease (Alterra Healthcare Corp)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (collectively, the “Leased Property”): (a) the 2.1.1 all that certain land more particularly described in Exhibit A Schedule 1, attached hereto and by reference incorporated herein made a part hereof which includes the land comprising the ski mountain that is commonly referred to as Bretton ▇▇▇▇▇ (the “Land”); (b) 2.1.2 all buildings, structures and other improvements of every kind (including the base lodge used in connection with the ski mountain referenced in Section 2.1.1 above, including, but not limited to, alleyways all roofs, plumbing systems, electrical systems and connecting tunnelsHVAC systems, roadways, alleyways, sidewalks, curbs, utility pipes, conduits and lines (on-on site and offsiteoff site), parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the “Leased Improvements”); (c) 2.1.3 all easements, rights and appurtenances relating to the Land and the Leased ImprovementsImprovements (including, without limitation, U.S. Forest Service permits and licenses); (d) 2.1.4 all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all ski lifts, furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property; excluding, however, any of the Ski Personal Property (collectively, the “Fixtures”); (e) 2.1.5 all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) machinery, equipment, furniture, furnishings, computers or trade fixtures located on, and used in connection with, or about the operation of Land and/or the Leased Improvements as a hotelImprovements, together with and all modifications, replacements, modifications, alterations and additions thereto; to such property, except items, if any, included within the category of Fixtures, but specifically excluding all items included within the category of Tenant’s Personal Property and LESS AND EXCEPT excluding all portions of the foregoing that are leased under Space Leases Ski Personal Property (collectively, the “Leased Personal Property”); 2.1.6 all of the Leased Intangible Property; 2.1.7 all inventory associated with the Land, the Leased Improvements and the Businesses acquired by Landlord on the Transfer Date; 2.1.8 any and all right, title and interest leases of Lessor under the Space Leases space (including any rents, security deposits or collateral held by or owing to Lessor Landlord pursuant thereto)) relating to the Land and/or the Leased Improvements; and 2.1.9 any and all rights of Landlord, as tenant, under any leases, whether capital leases or otherwise, associated with the Land, the Leased Improvements and/or the Businesses which are acquired by Landlord on the Transfer Date. THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY Tenant acknowledges that Landlord does not own the property more particularly set forth on Schedule 2.1 attached hereto and made a part hereof. Additionally, (EXPRESSED OR IMPLIEDi) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSIONany portion of the Leased Property that is hereafter conveyed by Landlord to BWLH or any Affiliated Person of BWLH pursuant to the Joint Planning Agreement shall be automatically and immediately removed from the definition of Leased Property upon the conveyance of such property by Landlord to such Person and (ii) any additional property that is hereafter acquired by Landlord pursuant to the Joint Planning Agreement shall be automatically and immediately added to and encompassed by the definition of Leased Property upon the acquisition of such property by Landlord. Although not required for the effectiveness of the provisions in the immediately preceding sentence, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTSat the request of either Landlord or Tenant, CONDITIONSthe other party agrees to promptly enter into documentation at the time of or following any conveyance or acquisition pursuant to the immediately preceding sentence for the limited purpose of confirming that any affected property is either removed from or added to and encompassed by (as the case may be) the definition of Leased Property under this Agreement. In the event that any consideration is paid by Tenant to Landlord for the transfer of any property from Landlord to Tenant pursuant to the Joint Planning Agreement, RESTRICTIONSthe Lease Basis shall be reduced by the amount of consideration paid by or on behalf of Tenant to Landlord. In the event that any consideration is paid by Landlord to Tenant for the transfer of any property from Tenant to Landlord pursuant to the Joint Planning Agreement, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFthe Lease Basis shall be increased by the amount of consideration paid by or on behalf of Landlord to Tenant.

Appears in 1 contract

Sources: Lease Agreement (CNL Income Properties Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee and Lessee rents from Lessor all of Lessor’s interest in and to the following:following property (collectively, the “Leased Property”): (a) the land real property more particularly described in on Exhibit A “A” attached hereto together with all covenants, licenses, privileges and by reference incorporated herein benefits thereto belonging, and any easements, rights-of-way, rights of ingress and egress or other interests of Lessor in, on or to any land, highway, street, road or avenue, open or proposed, in, on, across, in front of, abutting or adjoining such real property, including any strips and gores adjacent to or lying between such real property and any adjacent real property (the “Land”); (b) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, including all alleyways and connecting tunnels, crosswalks, sidewalks, utility pipes, conduits and lines (on-site and offsite)landscaping, parking areas lots and structures and roadways appurtenant to such buildings and structures that are presently situated upon the Land Land, and Capital Additions financed by Lessor (but specifically excluding Capital Additions financed by Lessee), drainage and all above-ground and underground utility structures (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all permanently affixed equipment, machinery, fixtures, fixtures and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with, and permanently affixed to or incorporated into the Leased Improvements, including, without limitation, including all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-air conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, carpet, moveable or immoveable walls or partitions and built-in oxygen and vacuum systems, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Personal Property (collectively, the “Fixtures”);; and (d) to the extent permitted by law, all permits, approvals and other intangible property or any interest therein now or hereafter owned or held by Lessor in connection with the Leased Property (collectively, the “Permits”), including all contract rights, agreements, trade names, water rights and reservations, zoning rights and warranties (including those relating to construction or fabrication) related to the Leased Property or any part thereof, specifically excluding the general corporate trademarks, service marks, logos or insignia or books and records of Lessee, and any certificate of need or license related to the business or businesses now or hereafter conducted by Lessee on the Leased Property; and (e) all furniture site plans, surveys, soil and furnishings substrata studies, architectural drawings, plans and all other items of personal property (excluding Inventory specifications, engineering plans and personal property owned by Lessee) located onstudies, floor plans, landscape plans, and used in connection with, other plans and studies that relate to the operation of Land or the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits in L▇▇▇▇▇’s possession or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFcontrol.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Global Medical REIT Inc.)

Leased Property. The leased property (the “Leased Property shall mean and Property”) is comprised of Lessor’s interest in the following: (a) the land described in Exhibit A “A” attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, each Facility, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas [OPTIONAL: ,including, without limitation that certain parking garage constructed on a portion of the Land and on a portion of the land adjacent to the Land and used by both the Facility and the owner of office building situated on such adjacent land (collectively referred to herein as the “Parking Facilities”),] and roadways appurtenant to [OPTIONAL: the Parking Facilities and] such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and or the Leased Improvements; (d) all fixtures and equipment, machinery, fixtures, and all other items of property required for or incidental to the use of the Leased Improvements as a hotelproperty, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (but only to the extent such items constitute “real property” as such term is used in Section 512(b)(3)(A)(i) of the Code) (collectively, the “Fixtures”); (e) all furniture furniture, furnishings, wall coverings, fixtures and furnishings hotel equipment and all other items of personal property (excluding Inventory and personal property owned by Lessee) systems located onat, and or used in connection with, the operation of the Leased Improvements as a hotelany Facility, together with all replacements, modifications, alterations replacements therefor and additions thereto, including, without limitation, (i) all equipment and systems required for the operation of kitchens, bars, if any, and laundry and dry cleaning facilities, (ii) dining room wagons, materials handling equipment, cleaning and engineering equipment, all items of bedding (iii) telephone and computerized accounting systems, and (iv) vehicles (collectively, “Furniture and Equipment”); provided, however, that to the extent any item of property that could reasonably be deemed to constitute both a Fixture and LESS AND EXCEPT Furniture and Equipment, such item of property shall be deemed to be included in the definition of Fixture and not in this definition of Furniture and Equipment; and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION PRESENT, “AS-IS” CONDITION, WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AS MORE SPECIFICALLY SET FORTH IN SECTION 7.1 HEREOF AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease Agreement (Sunstone Hotel Investors, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (each of items (a) through (g) below which, as of the Commencement Date, relates to any single Hotel, a "Property" and, collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A A-l through A-3, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant's business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all rightto such personal property, title and interest of Lessor under the Space Leases (including any rentsexcept items, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSIONif any, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.included within

Appears in 1 contract

Sources: Lease Agreement (Sholodge Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (collectively, the “Leased Property”): (a) the land described in Exhibit A attached hereto and by reference incorporated herein (the “Land”); (b) all buildings, structures and structures, other improvements and appurtenances of every kind including, but not limited to, the Facility, the alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking garage and parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) the Leased Personal Property; (d) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (de) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”); (ef) all furniture and furnishings of the Leased Intangible Property; (g) any and all other items leases of personal property space (excluding Inventory including any security deposits held by Tenant pursuant thereto) in the Leased Improvements to tenants thereof; and (h) any and personal property all motor vehicles now owned or hereafter acquired by Lessee) located on, Landlord and used in connection with, with the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFBusiness.

Appears in 1 contract

Sources: Lease Agreement (CNL Healthcare Trust, Inc.)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord all of LessorLandlord’s right, title and interest in and to all of the following:following (collectively, the “Leased Property”): (a) the land all that certain tract, piece and parcel of land, as more particularly described in Exhibit A E, attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all existing buildings, structures and other improvements of every kind located on the Land, including, but not limited towithout limitation, alleyways clubhouse buildings, events pavilions, maintenance facilities, golf courses and all other improvements located on the Land, and all fixtures attached to and forming a part of the Land, including, without limitation, all roofs, plumbing systems, electric systems and HVAC systems, roadways, alleyways, parking areas and facilities, landscaping, sidewalks, curbs, connecting tunnels, sidewalks, utility pipes, irrigation systems, conduits and lines (on-on site and offsite), parking areas and roadways off site) appurtenant to such buildings and structures or presently situated upon the Land (collectively, the “Leased Improvements”); (c) all appurtenances, hereditaments, easements, rights and appurtenances relating all other rights, privileges and entitlements, if any, belonging to or running with the Land and the Leased ImprovementsLand; (d) all equipmentright title and interest of Landlord, machineryif any, fixturesin and to all water rights, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air water allocations and water pollution controlstock associated with irrigating and/or draining the Golf Club, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which may be leased or assigned by Landlord to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the “Fixtures”)Tenant; (e) all furniture Initial Landlord P&E and furnishings and P&E Replacements; (f) all of the Leased Intangible Property; and (g) all other items transferable interests of personal Landlord in any property (excluding Inventory and personal property owned by Lessee) located on, and at the Leased Property or used in connection with, with the operation of the Leased Improvements Golf Club, conveyed or assigned to Landlord pursuant to the Purchase Agreement, but specifically excluding the “Excluded Property” as a hotel, together with all replacements, modifications, alterations defined and additions thereto; and LESS AND EXCEPT all portions of described in the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFPurchase Agreement.

Appears in 1 contract

Sources: Lease Agreement (CNL Lifestyle Properties Inc)

Leased Property. The leased property (the "Leased Property shall mean and Property") is comprised of Lessor’s 's interest in the following: (a) the land described in Exhibit A "A" attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements");; _______________________ (c) all easements, rights and appurtenances relating to the Land and or the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture Furniture and furnishings Equipment (as hereinafter defined) and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT , and (f) all portions existing leases of space within the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION PRESENT, "AS-IS" CONDITION, WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AS MORE SPECIFICALLY SET FORTH IN SECTION 7.1 HEREOF AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Revolving Credit Agreement (Sunstone Hotel Investors Inc)

Leased Property. The leased property (the "Leased Property shall mean and Property") is comprised of Lessor’s 's interest in the following: (a) the land described in Exhibit A "A" attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into the 8 Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT and (f) all portions existing leases of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Leased Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease Agreement (Innkeepers Usa Trust/Fl)

Leased Property. The Leased Property shall mean Landlord hereby leases to Tenant and is comprised of Lessor’s interest in Tenant --------------- hereby leases from Landlord the followingfollowing property: (a) the The land described in Exhibit A attached hereto and by reference incorporated herein (the "Land");. (b) all All buildings, structures structures, and other improvements of every kind includingimprovements, but not limited to, alleyways and connecting tunnelsincluding without limitation, sidewalks, alleys, utility pipes, conduits conduits, and lines (on-site and offsite)lines, parking areas areas, and roadways appurtenant to such buildings and structures presently roadways, now or hereafter situated upon the Land (collectively, the “Leased "Improvements");. (c) all All easements, rights and other appurtenances relating to the Land and Improvements (the Leased Improvements;"Appurtenances"). (d) all All permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and personal property, including all components thereof, now located in, or used in connection with, and hereafter permanently affixed to or incorporated into the Leased Improvements, including, including without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto but specifically excluding all items included within the category of Personal Property as defined below (collectively, collectively the "Fixtures");. (e) All machinery, equipment, furniture, furnishings, movable walls or partitions, computers, trade fixtures, consumable inventory and supplies, and other personal property used or useful in Tenant's business on the Leased Property, including without limitation, all furniture and furnishings and all other items of personal property furniture, furnishings, equipment, supplies and inventory listed on Exhibit A-1 attached hereto and the replacements therefor, except items, if any, included within the definition of Fixtures (excluding Inventory and personal property owned by Lessee) located oncollectively the "Personal Property"). SUBJECT, HOWEVER, to all easements, liens, encumbrances, restrictions, agreements, and used in connection with, the operation other title matters existing as of the Leased Improvements date hereof as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of listed on Exhibit B attached hereto (the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Permitted Exceptions"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease Agreement (Just Like Home Inc)

Leased Property. The Upon and subject to all of the other terms and conditions set forth in this Lease, Landlord leases to Tenant and Tenant rents from Landlord the following (each of items (a) through (e) below which, as of the Commencement Date, relates to any single Project, a "Property" and, collectively, the "Leased Property shall mean and is comprised of Lessor’s interest in the following:Property"): (a) the those certain tracts or parcels of land more particularly described in Exhibit A Exhibits A-1 through A-13 attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures structures, and other improvements of every kind located on the Land, including, but not limited to, alleyways and connecting tunnelsthe apartment buildings, clubhouses, mail buildings, tennis courts, swimming pools, recreational facilities, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways driveways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, fixtures and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with, and permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, cable or satellite television systems, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures");; and (e) all furniture equipment, appliances, furniture, furnishings, supplies, and furnishings and all other items of tangible personal property (excluding Inventory and personal property owned by Lessee) located on, and of any kind or description used or useful in connection with, with the operation of the Leased Improvements as a hotelImprovements, together with and located on or in the Leased Improvements, and all modifications, replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions to such personal property, except items, if any, included within the category of Fixtures (collectively, the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto"Leased Personal Property"). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Lease Agreement (Education Realty Trust, Inc.)

Leased Property. The "Leased Property shall mean and Property" is comprised of Lessor’s 's interest in the following: (a) the land ground leasehold interest described in Exhibit A attached hereto and incorporated herein by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings buildings, structures and structures other improvements presently situated upon the Land (collectively, the "Leased Improvements"), including the Facility; (c) all easements, rights and appurtenances relating to the Land and to the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into in the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items existing leases of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of space within the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto), which space leases, if any, are listed on Exhibit B attached hereto and incorporated by reference; and (f) all contract rights, trade names, logos and other intangible property of Lessor with respect to the operation of the existing hotel business conducted on the Leased Property, including without limitation, all rights relating to the Franchise Agreement. (g) the furniture, fixtures and equipment listed or referred to on Exhibit C attached hereto and incorporated by reference. THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL CURRENT AND FUTURE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS (NOT LIMITED TO ITEMS OF RECORD RECORD) INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Percentage Lease Agreement (Realty Refund Trust)

Leased Property. The "Leased Property shall mean and Property" is comprised of Lessor’s 's interest in the following:: [NOTE: EACH INDIVIDUAL LEASE WILL BE TAILORED TO THE RELEVANT PROPERTY AND CIRCUMSTANCES.] (a) the land [OR GROUND LEASEHOLD INTEREST] described in Exhibit A attached hereto and incorporated herein by reference incorporated herein (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings buildings, structures and structures other improvements presently situated upon the Land (collectively, the "Leased Improvements"), including the Facility; (c) all easements, rights and appurtenances relating to the Land and to the Leased Improvements; (d) [NOTE: NONE OF THE FOLLOWING SHOULD BE INCLUDED IN THE DEFINITION OF FF&E] all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed to or incorporated into in the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto (collectively, the "Fixtures"); (e) all furniture and furnishings and all other items existing leases of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of space within the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases Property (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto), which space leases are listed on Exhibit B attached hereto and incorporated by reference; and (f) all contract rights, trade names, logos and other intangible property of Lessor with respect to the operation of the existing hotel business conducted on the Leased Property, including without limitation, all rights relating to the Franchise Agreement. (g) the furniture, fixtures and equipment listed or referred to on Exhibit C attached hereto and incorporated by reference. THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL CURRENT AND FUTURE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS (NOT LIMITED TO ITEMS OF RECORD RECORD) INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS REQUIREMENTS, THE LIEN OF FINANCING INSTRUMENTS, MORTGAGES, DEEDS OF TRUST AND SECURITY DEEDS, AND INCLUDING OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOF.

Appears in 1 contract

Sources: Percentage Lease Agreement (Boykin Lodging Trust Inc)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee, and Lessee rents or hires from Lessor all of Lessor’s interest in the following:following (the "LEASED PROPERTY"): (a) the land The real property particularly described in Exhibit A attached hereto and by reference incorporated herein EXHIBIT "A-1" (the “Land”"DODGE CITY LAND"), the real property particularly described in EXHIBIT "A-2" (the "GREAT BEND LAND"), the real property particularly described in EXHIBIT "A-3" (the "MCPHERSON LAND"), and the real property particularly described in EXHIBIT "A-4" (the "SALINA LAND") (collectively, the "LAND"); (b) all All of its right, title and interest in and to the buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsite), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land Land, including without limitation the Facilities (as defined below) (collectively, the “Leased Improvements”"LEASED IMPROVEMENTS"); (c) all All of its right, title and interest in and to the easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all All of its right, title and interest in and to the permanently affixed equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotelreal and/or personal property, including all components thereof, now and hereafter located in, on or used in connection with, or permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-air cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Lessee's Personal Property as defined in ARTICLE II below (collectively, collectively the “Fixtures”"FIXTURES");; and (e) all furniture and furnishings and all other items All of personal property (excluding Inventory and personal property owned by Lessee) located on, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all its right, title and interest in and to personal tangible and intangible property including all components thereof, owned by Lessor and now and hereafter located in, on or used in connection with the Leased Improvements. Except with respect to the representations and warranties of Lessor under set forth herein, the Space Leases (including Leased Property is demised subject to all covenants, conditions, restrictions, easements and all other matters affecting title, whether or not of record, the conditions and limitations expressly set forth herein, and any rents, security deposits or collateral held and all matters created by or owing known to Lessee. Lessor pursuant theretorepresents and warrants for the benefit of Lessee that as of the date of this Lease, (i) Lessor is the holder of the Leasehold Estates as of the Commencement Date and (ii) as of the Commencement Date, there is no mortgage, deed of trust, ground lease, or other comparable instrument executed by Lessor in favor of any lender or ground lessor or other obligee of Lessor, nor any lien, judgment, or other similar encumbrance affecting or encumbering the Leased Property or any portion thereof and arising by, through or under Lessor (expressly excluding any such lien, judgment or other encumbrance arising as a result of Lessee or Lessee's agents, representatives or assigns) except for the Existing Encumbrances (defined below). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY Lessee represents and warrants for the benefit of Lessor (EXPRESSED OR IMPLIEDi) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSIONas of the date of this Lease, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTSthere are no mechanic's liens or liens of any type recorded against the Leased Property that were recorded or attached during the period of Lessee's occupancy of the Leased Property and that arose as a result of Lessee's or Lessee's agents, CONDITIONSrepresentatives or assigns activities thereon that remain unsatisfied of record as of the Commencement Date, RESTRICTIONSand (ii) there are no Impositions currently outstanding that have become delinquent. Without limiting any other provision in this Lease, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFand notwithstanding anything to the contrary contained in this Lease, this Lease and the rights and duties granted hereunder are subject and subordinate to the Master Leases, the Land Use Restriction Agreements, and the Trust Indentures.

Appears in 1 contract

Sources: Master Lease Agreement (Brookdale Senior Living Inc.)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord’s right, title and interest in and to all of the following (each of items (a) through (e) below which, as of the Effective Date, relates to any single Travel Center, a “Property”, and collectively, the “Leased Property”, and those portions of the Leased Property shall mean and is comprised of Lessor’s interest described in items (a) through (d) below being the following:“Real Property”): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-34 attached hereto and by reference incorporated herein made a part hereof (the “Land”); (b) all buildings, structures and other improvements of every kind including, but not limited to, underground storage tanks, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the “Leased Improvements”); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements, but excluding all of Landlord’s right, title and interest in and to all Minerals and all executory rights and other rights necessary to sell, lease or otherwise convey the Minerals, all of which are expressly reserved by Landlord, provided, however, that Landlord shall not, and shall not authorize or permit any others to, conduct any exploration, evaluation or extraction of any Minerals or pursue any other similar activities relating to the Minerals during the Term; (d) all equipment, machinery, fixturesmachinery and fixtures integral to the operation of the Leased Improvements, and other items of property required for now or incidental to the use of the Leased Improvements as a hotel, including all components thereof, now and hereafter permanently affixed or integral to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant’s Personal Property (collectively, the “Fixtures”);; and (e) all furniture and furnishings any and all other items leases of personal property (excluding Inventory and personal property owned by Lessee) located onspace in the Leased Improvements, and used in connection withincluding, without limitation, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFGround Leases.

Appears in 1 contract

Sources: Lease Agreement (Service Properties Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (each of items (a) through (g) below which, as of the Commencement Date, relates to any single Facility, a "Property" and, collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A Exhibits A-1 through A-31, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant's business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 1 contract

Sources: Master Lease Agreement (Senior Housing Properties Trust)

Leased Property. The Leased Property shall mean Upon and is comprised subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Lessor’s Landlord's right, title and interest in and to all of the following:following (each of items (a) through (g) below which, as of the Commencement Date, relates to any single Hotel, a "Property" and, collectively, the "Leased Property"): (a) the land those certain tracts, pieces and parcels of land, as more particularly described in Exhibit A A-1 through A-14, attached hereto and by reference incorporated herein made a part hereof (the "Land"); (b) all buildings, structures and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and offsiteoff-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures, and other items of property required for or incidental to the use of the Leased Improvements as a hotel, including all components thereofproperty, now and or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which which, to the greatest maximum extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all furniture machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property of any kind or description used or useful in Tenant's business on or in the Leased Improvements, and furnishings located on or in the Leased Improvements, and all other items of personal property (excluding Inventory and personal property owned by Lessee) located onmodifications, and used in connection with, the operation of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT to such personal property, except items, if any, included within the category of Fixtures, but specifically excluding all portions items included within the category of Tenant's Personal Property (collectively, the "Leased Personal Property"); (f) all of the foregoing that are leased under Space Leases Leased Intangible Property; and (g) any and all right, title and interest leases of Lessor under space in the Space Leases (including any rents, security deposits or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFLeased Improvements.

Appears in 1 contract

Sources: Lease Agreement (Hospitality Properties Trust)

Leased Property. The Upon and subject to the terms and conditions hereinafter set forth, the Lessor leases to the Lessee and the Lessee rents and leases from the Lessor all of the Lessor's rights and interests in and to the following real and personal property (collectively, the "Leased Property shall mean and is comprised of Lessor’s interest in the following:Property"): (a) the land real property described in Exhibit A EXHIBIT A-1 attached hereto and by reference incorporated herein (the "Land"); (b) all buildings, structures structures, Fixtures (as hereinafter defined) and other improvements of every kind including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site lines, and offsite), parking areas and roadways appurtenant to such buildings and structures presently or hereafter situated upon the Land (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances of every nature and description now or hereafter relating to or benefiting any or all of the Land and the Leased Improvements; (d) all equipment, machinery, building fixtures, and other items of property required for (whether realty, personalty or incidental to the use of the Leased Improvements as a hotelmixed), including all components thereof, now or hereafter located in, on or used in connection with, and hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and air-conditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, and built-in oxygen and vacuum systems, all of which which, to the greatest extent permitted by law law, are hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto thereto, but specifically excluding all items included within the category of Tangible Personal Property (as hereinafter defined) which are not permanently affixed to or incorporated in the Leased Property (collectively, the "Fixtures"); (e) all furniture those portions of the Building Systems (as hereinafter defined) not situated upon the Land or located in or on the Leased Improvements that exclusively serve the Facility (as hereinafter defined), including, without limitation, any meter solely determining utility consumption by the Facility; and (f) the Lessor's Personal Property (as hereinafter defined); RESERVING THEREFROM THE FOLLOWING IN FAVOR OF THE LESSOR DURING THE TERM OF THIS LEASE: (i) Access to the Leased Property at such reasonable times, and furnishings only to the extent reasonably necessary, to repair, replace, renovate, alter, and modify those portions of the Utility Systems, and the pipes, flues, conduits and other appurtenances to the gas-fired hot water heating production equipment, domestic hot water boiler equipment and air conditioning production equipment which may now or hereafter be located within the Facility and which are necessary for the full use and enjoyment of the Medical Center; (ii) The right to enter upon the Leased Property from time to time and at any time as may be necessary in case of emergency to preserve life and/or property located in the Medical Center; and (iii) The following non-exclusive rights in favor of Lessor, its officers, employees, agents, contractors, tenants, subtenants, servants, visitors, business invitees and licensees, as rights appurtenant to the Medical Center: (x) vehicular and pedestrian ingress and egress in connection with the full use and enjoyment of the Medical Center over and across: (a) Evergreen Drive and Windrow Drive and all other items sidewalks appurtenant thereto and located on the Leased Property, as the same may from time to time be constructed and maintained, for all purposes for which public roads and sidewalks are used in the Township of personal property (excluding Inventory and personal property owned by Lessee) located onPlainsboro, New Jersey, and (b) those driveway areas, parking lot aisles, and all sidewalks and foot paths, whether or not appurtenant to such driveway areas, on the Leased Property, as the same may from time to time be constructed and maintained, for all purposes for which public roads and sidewalks are used in connection withthe Township of Plainsboro, New Jersey; and (y) the parking of vehicles upon any of the parking areas on the Leased Property, as the same may from time to time be constructed and maintained for such use. The Leased Property is leased in its present condition, AS IS, without representation or warranty of any kind, express or implied, by the Lessor and subject to: (i) the rights of parties in possession; (ii) the existing state of title including all covenants, conditions, Liens (as hereinafter defined) and other matters of record (including, without limitation, the operation matters set forth in EXHIBIT B); (iii) all applicable laws and (iv) all matters, whether or not of a similar nature, which would be disclosed by an inspection of the Leased Improvements as a hotel, together with all replacements, modifications, alterations and additions thereto; and LESS AND EXCEPT all portions of the foregoing that are leased under Space Leases and all right, title and interest of Lessor under the Space Leases (including any rents, security deposits Property or collateral held by or owing to Lessor pursuant thereto). THE LEASED PROPERTY IS DEMISED IN ITS PRESENT CONDITION WITHOUT REPRESENTATION OR WARRANTY (EXPRESSED OR IMPLIED) BY LESSOR AND SUBJECT TO THE RIGHTS OF PARTIES IN POSSESSION, AND TO THE EXISTING STATE OF TITLE INCLUDING ALL COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND OTHER MATTERS OF RECORD INCLUDING ALL APPLICABLE LEGAL REQUIREMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE LEASED PROPERTY OR BY AN ACCURATE SURVEY THEREOFan accurate survey thereof.

Appears in 1 contract

Sources: Facility Lease Agreement (Carematrix Corp)