Existing Furniture. During the Sublease Term, Subtenant may use any lab benches and other items of furniture, fixtures and equipment owned by Sublandlord, located within the 110 Building on the Commencement Date of this Sublease, and more particularly described in Exhibit C attached hereto (the “Existing Furniture”). Subtenant hereby agrees and acknowledges that Subtenant shall accept and use such Existing Furniture in its “AS IS” condition, “with all faults” and without any express or implied warranty from Sublandlord (or any of Sublandlord’s agents, employees and/or representatives) of any kind. Without limiting the generality of the preceding sentence, Subtenant acknowledges that Subtenant is not relying on any representations or warranties of any kind whatsoever, express or implied, from Sublandlord, or its agents, employees or other representatives as to any matters concerning such Existing Furniture, including, without limitation, any implied warranty of fitness for a particular purpose. The Existing Furniture shall remain the property of Sublandlord during the Sublease Term. Notwithstanding the preceding sentence, during the Sublease Term, Subtenant shall, at Subtenant’s sole cost and expense, be responsible for cleaning, insuring, repairing, maintaining and replacing the Existing Furniture, and paying any and all taxes levied thereon and/or in connection therewith. Sublandlord shall have no duty to repair, maintain or replace such Existing Furniture; nor shall Sublandlord be obligated to pay any taxes relating to, and/or maintain insurance coverage for, such Existing Furniture. Subtenant hereby assumes all risk of damage to property or injury to persons in connection with the use of the Existing Furniture and Subtenant hereby waives all claims in respect thereof against Sublandlord. Subtenant shall, at Subtenant’s sole cost and expense, maintain the Existing Furniture in good condition and repair during the Sublease Term. For purposes of this Section 11, “good condition and repair” shall mean the condition of such Existing Furniture as of the Commencement Date of this Sublease, reasonable wear and tear excepted. Upon the expiration (or earlier termination) of the Sublease Term, Sublandlord shall transfer title to the Existing Furniture to Subtenant pursuant to a Xxxx of Sale in the form attached hereto as Exhibit D and made a part hereof. Upon the expiration or earlier termination of this Sublease, Subtenant shall pay to Sublandlord an amount equal to Two Thousand Dol...
Existing Furniture. The contractor shall coordinate the removal, temporary storage, and return and set-up of all existing furniture and equipment within the Scope of Work for this project that requires removal. The contractor shall also be responsible for providing full protection of any furniture and equipment that is to remain on site. Any and all costs associated with this activity shall be borne by the Contractor.
Existing Furniture. Tenant is in the process of purchasing certain furniture currently located in the Expansion Space (the “Personal Property”) and owned by Prior Tenant. Landlord (i) shall not be liable for any loss of or damage to the Personal Property, (ii) disclaims any ownership of and responsibility for the Personal Property, and (iii) makes no representation as to its nature, suitability, quality or condition. Tenant acknowledges that it is relying solely on its own investigation of the Personal Property and not on any information provided by Landlord.
Existing Furniture. Tenant may use the existing furniture listed on Exhibit D attached hereto (the "Furniture") during the Term at no additional cost. Tenant shall maintain the furniture in good condition and repair during the Term. Provided no Event of Default exists at the end of the Term, Landlord shall convey the Furniture to Tenant, without warranty. Tenant shall be responsible for coordination of and all costs associated with relocating any of the Furniture to allow contractors access to complete the Landlord Improvements. Tenant shall also be responsible for coordination of and all costs associated with setting up the Furniture after construction is completed.
Existing Furniture. Notwithstanding anything herein to the contrary, Landlord shall remove the twelve (12) red cubicles currently within the Premises, but otherwise the existing furniture shall remain in the Subleased Premises (the “Existing Furniture”) for use by Tenant during the Sublease Term for no additional cost. In consideration of entering into this Sublease, the Existing Furniture shall become the property of Subtenant upon commencement of the Sublease Term and Subtenant shall be solely responsible for its maintenance and removal at the end of the Sublease Term in accordance with the Master Lease.
Existing Furniture. Tenant shall have the right to use certain furniture existing in the Expansion Space as of the date hereof (the “iLabs Furniture”), which iLabs Furniture is depicted on Exhibit “A” attached hereto. Tenant’s use of such iLabs Furniture is on an as-is basis and Landlord makes no representation or warranty regarding the same. Landlord will remove all existing furniture from the Expansion Space other than the iLabs Furniture prior to the Suite 450 Expansion Commencement Date and Suite 500 Expansion Commencement Date, as applicable.
Existing Furniture. Sublandlord shall provide the use of Sublandlord’s existing furniture files, desks, chairs, tables, conference room tables, and systems furniture (office furniture), with certain exceptions. An inventory list of included furniture is attached as incorporated into this Sublease as Exhibit D. Sublandlord shall have the option of retaining ownership of the office furniture at the termination of the sublease, or offering it to Subtenant for $1.00.
Existing Furniture. As of the Commencement Date, the furniture list on Exhibit D are located within the Premises. During the Term, Tenant shall have the right to use the existing furniture located within the Premises. THIS LEASE is effective as of August 23, 2002. LANDLORD: Dated: 8/23/02 XXXXXX/CAMPUS LLC, a Delaware limited liability company By: Xxxxxx/Campus Associates L.P. a California limited partnership Its: Sole Member By: Xxxxxx/Redwood Partners, L.P., a California limited partnership Its: General Partner By: TMG Redwood LLC, a California limited liability company Its: General Partner By: TMG Partners a California corporation Its: Managing Member By: /s/ Illegible Its: EVP TENANT: Dated: Aug-22-02 BIG BAND NETWORKS, INC. a Delaware corporation By: /s/ Xxxx Xxxxxx-Xxxxxxxx Its: CEO By: /s/ Illegible Its: EXHIBIT A FLOOR PLAN EXHIBIT B SITE PLAN OF PROJECT EXHIBIT C TENANT IMPROVEMENT AGREEMENT This TENANT IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into as of the 20th day of August, 2002, by and between XXXXXX/CAMPUS LLC, a Delaware limited liability company (“Landlord”), and BIG BAND NETWORKS, INC., a Delaware corporation (“Tenant”), in connection with the execution of that certain Lease between Landlord and Tenant of even date herewith (“Lease”), who hereby agree as follows:
Existing Furniture. Lessee may use all existing furniture and TV monitors and shall return them to Lessor at the expiration of the lease in good condition, reasonable wear and tear excepted. Lessor shall remove all personal belongings. An inventory of the furniture is attached as Exhibit C.
Existing Furniture. Lessor shall allow Lessee to the use the existing furniture in the Suite 100 Premises (as described in Exhibit B), however Lessor does not warrant the condition of the existing furniture and such furniture shall remain in the Suite 100 Premises during the Term. In the event Lessee has not been in default or delinquent in its obligations set forth in the Lease, then at the end of the Term Lessee shall have the right to purchase the existing furniture (as described in Exhibit B) for the sum of One Dollar ($1.00). Notwithstanding the foregoing, in the event Lessee elects not to purchase the furniture, Lessee shall be responsible to remove all existing furniture from the Suite 100 Premises prior to relinquishing possession of the Premises at the end of the Term. In the event Lessee desires to remove or dispose of any such furniture prior to the end of the Term, Lessee shall have the right to do so upon ten (10) days written notice to Lessor. If Lessor, prior to the end of the ten (10) day period desires to take possession of such furniture, Lessor shall make prompt arrangements to have such furniture removed from the Suite 100 Premises.
