Common use of Furniture and Equipment Clause in Contracts

Furniture and Equipment. (i) In consideration of the obligations of Tenant under this Sublease, Landlord leases to Tenant (1) the items of furniture and furnishings described and/or identified on Exhibit B annexed hereto and (2) the LAN Room Equipment (as defined below) (collectively, the "Furniture and Equipment") for so long as the Sublease is in effect. Tenant agrees to accept the Furniture and Equipment on the Sublease Commencement Date "as is, where is, with all faults", and without representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose, all of which are hereby expressly disclaimed by Landlord and waived by Tenant. During the Term, Tenant shall (x) insure the Furniture and Equipment against loss or damage by fire or other casualty (and all of the provisions of this Sublease applicable to insurance required to be carried by Tenant shall be applicable thereto) and (y) maintain the Furniture and Equipment in at least as good a condition and working order as when delivered to Tenant, subject to reasonable wear and tear and damage by fire or other casualty. Upon request by Landlord no more than one (1) time during any calendar year, Tenant shall deliver to Landlord within five (5) Business Days of such request, evidence that Tenant is maintaining the insurance coverage with regard to the Furniture and Equipment as required pursuant to this Section. Upon the expiration of the Tem', and provided Tenant is not in default under this Sublease, or at Landlord's option following a termination of this Sublease, Landlord shall be deemed to have transferred, conveyed and delivered to Tenant all of the Furniture and Equipment then in the Premises in then "as is, where is condition, with all faults", and without representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose (and Tenant shall be obligated to remove from the Premises all such Furniture and Equipment pursuant to Section 5.2). Landlord and Tenant hereby agree that little or no value will be attributable to the Furniture and Equipment at the time of the transfer of the Furniture and Equipment to Tenant and that no part of the Fixed Rent payable by Tenant hereunder will be attributable to the transfer of the Furniture and Equipment by Landlord to Tenant upon the expiration of the Tenn. Notwithstanding the foregoing, if sales tax is due to the City or State of New York in connection with the transfer of the Furniture and Equipment to Tenant pursuant to this Sublease ( "Sales Tax"), Tenant hereby agrees to pay as and when due such amounts and Tenant further agrees to save, defend, indemnify and hold Landlord harmless from any obligation for any Sales Tax which may now or hereafter be imposed upon Landlord or Tenant in connection with such transfer of the Furniture and Equipment, including interest and penalties thereon, and any loss, liability, cost or expense that Landlord may incur by reason of Tenant's failure to pay the Sales Tax in a timely manner. The provisions of the preceding sentence shall survive the expiration or earlier termination of this Sublease. Landlord covenants that immediately prior to the transfer of the Furniture and Equipment to Tenant, Landlord shall own the Furniture and Equipment free of any liens or encumbrances of any kind, subject to Tenant's rights set forth in this Section.

Furniture and Equipment. (i) In consideration of the obligations of Tenant Subtenant under this Sublease, Landlord leases Sublandlord grants a license to Tenant (1) Subtenant to use the items furniture, equipment and other personal property located within the Sublease Space as of furniture and furnishings described and/or identified on Exhibit B annexed hereto and (2) the LAN Room Equipment (as defined below) Commencement Date (collectively, the "Furniture and Equipment") for so long as the Sublease is in effect“Furniture”). Tenant Subtenant agrees to accept the Furniture and Equipment on the Sublease Commencement Date "on an “as is, where is, with all faults"” basis, and without representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose, all of which are hereby expressly disclaimed by Landlord Sublandlord and waived by TenantSubtenant. During the Sublease Term, Tenant Subtenant shall (x) insure the Furniture and Equipment against loss or damage by fire or other casualty (and all of the provisions of this Sublease applicable to insurance required to be carried by Tenant Subtenant shall be applicable thereto) and (y) maintain the Furniture and Equipment in at least as good a condition and working order as when delivered to TenantSubtenant, subject to reasonable wear and tear and damage by fire or other casualtytear. Upon request by Landlord no more than one (1) time during any calendar yearSublandlord, Tenant Subtenant shall deliver to Landlord Sublandlord within five (5) Business Days 10 days of such request, evidence that Tenant Subtenant is maintaining the insurance coverage with regard to the Furniture and Equipment as required pursuant under this Section 21. Notwithstanding the foregoing, the Furniture is and shall remain the sole and exclusive property of Sublandlord during the Sublease Term, provided however, that Sublandlord has the right at any time to this Sectiongive notice to Subtenant that ownership of the Furniture has been transferred to Subtenant. Upon transfer to Subtenant, Subtenant shall remove the expiration Furniture at the end of the Tem'Sublease Term, and provided Tenant is not in default under this Sublease, or at Landlord's option following a termination of this Sublease, Landlord Sublandlord shall be deemed to have transferred, conveyed conveyed, and delivered to Tenant Subtenant all of the Furniture and Equipment then in the Premises in then "its “as is, where is condition, with all faults"”, and without any representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose (purpose. Sublandlord and Tenant shall be obligated to remove from the Premises all such Furniture and Equipment pursuant to Section 5.2). Landlord and Tenant Subtenant hereby agree that little or no value will be attributable to the Furniture and Equipment at the time of the Furniture transfer of the Furniture and Equipment to Tenant and that no part of the Fixed Basic Rent payable by Tenant Subtenant hereunder will be attributable to such Furniture. Notwithstanding anything in this Sublease to the transfer contrary, Sublandlord shall have no liability to Subtenant on account of any malfunction, stoppage, breakage or failure of any of the Furniture to perform for their intended use or for the inability of Subtenant to use any of said Furniture, and Equipment by Landlord to Tenant upon the expiration of the Tenn. Notwithstanding the foregoing, if sales tax is due to the City or State of New York in connection with the transfer of the Furniture and Equipment to Tenant pursuant to this Sublease ( "Sales Tax"), Tenant Subtenant hereby agrees to pay as and when due such amounts and Tenant further agrees to save, defend, indemnify and hold Landlord harmless releases Sublandlord from any obligation liability to Subtenant for any Sales Tax which may now loss or hereafter be imposed upon Landlord or Tenant in connection with such transfer of the Furniture and Equipment, including interest and penalties thereon, and any loss, liability, cost or expense that Landlord may incur damage incurred by reason of Tenant's failure to pay the Sales Tax in a timely manner. The provisions of the preceding sentence shall survive the expiration or earlier termination of this Sublease. Landlord covenants that immediately prior to the transfer of the Furniture and Equipment to Tenant, Landlord shall own the Furniture and Equipment free Subtenant arising out of any liens such malfunction, stoppage, breakage, failure or encumbrances the inability of any kind, subject to Tenant's rights set forth in this Sectionuse.

Furniture and Equipment. (i) In consideration During the term of the obligations of Tenant under this Sublease, Landlord leases Subtenant shall have the exclusive right to Tenant (1) use the items of modular work stations, furniture and furnishings described and/or equipment identified on Exhibit B annexed C hereto and (2) the LAN Room Equipment (as defined below) (collectively, the "“Furniture and Equipment") ”). Subtenant shall accept such Furniture and Equipment in its “as-is” condition without any representation or warranty by Sublandlord. Subtenant’s insurance as required under this Sublease shall include an all risk property insurance policy for so long as the Sublease is in effect. Tenant agrees to accept the Furniture and Equipment on the Sublease Commencement Date "as is, where is, with all faults"for its full replacement value, and without representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose, all of which are hereby expressly disclaimed by Landlord and waived by Tenant. During the Term, Tenant Subtenant shall (x) insure the Furniture and Equipment against loss or damage by fire or other casualty (and all of the provisions of this Sublease applicable to insurance required to be carried by Tenant shall be applicable thereto) and (y) maintain the Furniture and Equipment during the term hereof in at least the same condition it was in as good a condition and working order as when delivered to Tenantof the Commencement Date, subject to reasonable normal wear and tear excepted. Provided Subtenant has not terminated this Sublease as provided in Section 4 above, Subtenant shall purchase the Furniture and damage by fire or other casualtyEquipment at a total cost of Seventy-One Thousand Nine Hundred Ninety-Five Dollars ($71,995.00) (including tax). Upon request by Landlord no more than one Commencing August 1, 2008, Subtenant shall pay Two Thousand Five Hundred Seventy-One and 26/100 Dollars (1$2,571.26) time during any calendar year, Tenant per month (each an “Equipment Payment”) to Sublandlord until full payment for the Furniture and Equipment is made to Sublandlord. Sublandlord shall deliver to Landlord within five (5) Business Days of such request, evidence that Tenant is maintaining the insurance coverage with regard transfer title to the Furniture and Equipment as required to Subtenant upon receipt of the full amount of the Equipment Cost pursuant to this Section. Upon the expiration a written Xxxx of the Tem', and provided Tenant is not in default under this Sublease, or at Landlord's option following a termination of this Sublease, Landlord shall be deemed to have transferred, conveyed and delivered to Tenant all of the Furniture and Equipment then in the Premises in then "as is, where is condition, with all faults", and without representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose (and Tenant shall be obligated to remove from the Premises all such Furniture and Equipment pursuant to Section 5.2). Landlord and Tenant hereby agree that little or no value will be attributable to the Furniture and Equipment at the time of the transfer of the Furniture and Equipment to Tenant and that no part of the Fixed Rent payable by Tenant hereunder will be attributable to the transfer of the Furniture and Equipment by Landlord to Tenant upon the expiration of the Tenn. Notwithstanding the foregoing, if sales tax is due to the City or State of New York in connection with the transfer of the Furniture and Equipment to Tenant pursuant to this Sublease ( "Sales Tax"), Tenant hereby agrees to pay as and when due such amounts and Tenant further agrees to save, defend, indemnify and hold Landlord harmless from any obligation for any Sales Tax which may now or hereafter be imposed upon Landlord or Tenant in connection with such transfer of the Furniture and Equipment, including interest and penalties thereon, and any loss, liability, cost or expense that Landlord may incur by reason of Tenant's failure to pay the Sales Tax Sale in a timely mannerform reasonably acceptable to Subtenant. The provisions of the preceding sentence shall survive If at the expiration or earlier termination of this Sublease. Landlord covenants that immediately prior , Subtenant has not paid to Sublandlord the transfer entire amount of the Furniture and Equipment to TenantCost, Landlord Subtenant shall own at Subtenant’s option (i) return the Furniture and Equipment free to Sublandlord in the same condition received, ordinary wear and tear excepted, or (ii) pay Sublandlord the remainder of any liens or encumbrances the Equipment Payment and remove the Furniture and Equipment from the Sublease Premises, in which case Sublandlord shall transfer title thereto to Subtenant pursuant to a written Xxxx of any kind, subject Sale in a form reasonably acceptable to Tenant's rights set forth in this SectionSubtenant.

Furniture and Equipment. (i) In consideration Sublandlord makes no representations with respect to the Furniture which is provided “as is” condition with all faults and defects now known or later discovered, and Sublandlord shall have no obligation to make any alterations or repairs thereto. Subject to the terms and conditions of the obligations of Tenant under this SubleaseMaster Lease, Landlord leases Subtenant shall remove all Furniture, equipment or furniture delivered within the Premises, as well as any equipment or furniture brought in the Premises by the Subtenant from the Premises on or prior to Tenant (1) the items of furniture and furnishings described and/or identified on Exhibit B annexed hereto and (2) the LAN Room Equipment (as defined below) (collectively, the "Furniture and Equipment") for so long as Expiration Date or such earlier date that the Sublease is in effectterminated or the Subtenant’s right to possession is terminated. Tenant Sublandlord agrees to accept convey to Subtenant the Furniture and Equipment on furniture (“Furniture”) for consideration in the Sublease Commencement Date "as is, where is, with all faults", and without representation or warranty amount of any kind, nature or description relative One Dollar subject to the same, including representations concerning merchantability, fitness or fitness for a particular purpose, all of which are hereby expressly disclaimed by Landlord and waived by Tenant. During the Term, Tenant shall (x) insure the Furniture and Equipment against loss or damage by fire or other casualty (and all of the provisions of this Sublease applicable to insurance required to be carried by Tenant shall be applicable thereto) and (y) maintain the Furniture and Equipment in at least as good a condition and working order as when delivered to Tenant, subject to reasonable wear and tear and damage by fire or other casualty. Upon request by Landlord no more than one (1) time during any calendar year, Tenant shall deliver to Landlord within five (5) Business Days of such request, evidence that Tenant is maintaining the insurance coverage with regard to the Furniture and Equipment as required pursuant to this Section. Upon the expiration of the Tem', and provided Tenant is not in default under this Sublease, or at Landlord's option following a termination of this Sublease, Landlord shall be deemed to have transferred, conveyed and delivered to Tenant all of the Furniture and Equipment then in the Premises in then "as is, where is condition, with all faults", and without representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose (and Tenant shall be obligated Subtenant’s agreement to remove from the Premises all such said Furniture at its own cost and Equipment pursuant to Section 5.2). Landlord and Tenant hereby agree that little or no value will be attributable to the Furniture and Equipment expense at the time of the transfer of the Furniture and Equipment to Tenant and that no part of the Fixed Rent payable by Tenant hereunder will be attributable to the transfer of the Furniture and Equipment by Landlord to Tenant upon the expiration of the Tenn. Notwithstanding the foregoing, if sales tax is due to the City or State of New York in connection with the transfer of the Furniture and Equipment to Tenant pursuant to this Sublease ( "Sales Tax"), Tenant hereby agrees to pay as and when due such amounts and Tenant further agrees to save, defend, indemnify and hold Landlord harmless from any obligation for any Sales Tax which may now or hereafter be imposed upon Landlord or Tenant in connection with such transfer of the Furniture and Equipment, including interest and penalties thereon, and any loss, liability, cost or expense that Landlord may incur by reason of Tenant's failure to pay the Sales Tax in a timely manner. The provisions of the preceding sentence shall survive the expiration or earlier termination of this the Sublease. Landlord covenants that immediately prior Sublandlord shall convey said Furniture on the Commencement Date to Subtenant “AS-IS WITH ALL FAULTS NOW KNOWN OR LATER DISCOVERED AND WITHOUT ANY WARRANTIES OF ANY TYPE, EXPRESS, IMPLIED, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE.” Subtenant agrees to indemnify and hold Sublandlord, its successors and assigns harmless for any and all damages, costs, losses, claims or expenses Sublandlord incurs relating to the transfer use or removal of the Furniture and Equipment or Subtenant’s failure to Tenant, Landlord shall own remove the Furniture at the end of the Sublease Term. Subtenant agrees to remove and Equipment free dispose the sixteen (16) orange Xxxxxx Xxxxxx work stations in the Southeast portion of any liens or encumbrances the Premises in exchange of any kind, subject a rent abatement of one thousand six hundred dollars ($1,600.00) to Tenant's rights set forth in this Sectionbe applied to the second month Rent payment.