Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale i...
Furniture, Fixtures and Equipment. Consult with and make recommendations to the Owner on the acquisition schedule for fixtures, furniture and equipment, and coordinate with the Owner as may be required to meet the Schedule.
Furniture, Fixtures and Equipment. Licensee acknowledges receipt in good condition of the Premises, without warranty, expressed or implied, on its condition or fitness. Licensee shall not alter the Premises’ fixtures, furnishings or equipment without consent of the Institute. Upon expiration or revocation of this License Contract, Licensee shall return the Premises, with Institute’s furniture, fixtures and equipment to Institute in the same condition as when received, less reasonable wear and tear. Licensee waives California Civil Code Section 1957, if applicable.
Furniture, Fixtures and Equipment. During the Term, at no charge to Tenant, Tenant shall be permitted to use some of the existing office and laboratory furniture, fixtures and equipment located in the Initial Premises as of the Commencement Date, as described in more particular detail in Exhibit E attached hereto (the “FF&E”). Tenant shall accept the FF&E in its current “AS-IS” condition and “WITH ALL FAULTS”. Landlord specifically disclaims all express or implied warranties regarding the existence or condition of, such FF&E, including without limitation the implied warranties of merchantability and suitability for a particular purpose. For purposes of documenting the current condition of the FF&E, Tenant and Landlord shall, prior to the Commencement Date, conduct a joint walk-through of the Initial Premises in order to inventory items of damage or disrepair in the FF&E. Tenant shall use the FF&E only for the purposes for which such FF&E is intended and shall be responsible for the proper maintenance, care and repair of the FF&E, at Tenant’s sole cost and expense. No item of FF&E shall be removed from the Initial Premises without Landlord’s prior written consent. On or about the date of expiration of the Term, the parties shall once again conduct a walk-through of the Initial Premises to catalog any items of damage, disrepair, misuse or loss among the FF&E (reasonable wear and tear excepted), and Tenant shall be responsible, at Tenant’s sole cost and expense, for curing any such items (including, with respect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Landlord). Tenant shall not materially modify any FF&E except with the advanced written permission of Landlord, and any work of modifying any FF&E shall be performed at Tenant’s sole cost using Landlord’s specified vendors or an alternate vendor approved in writing by Landlord (such approval to be granted or withheld on Landlord’s good faith discretion, based upon Landlord’s assessment of factors which include, without limitation, whether the performance by such vendor will void applicable warranties for such furniture and whether such vendor is sufficiently experienced in the design of such furniture).
Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the furnishings within the Subleased Premises which are identified on Exhibit C attached hereto (the “Furniture”) at no additional cost to Sublessee. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in the condition and repair existing as of the date hereof, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the date hereof, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein or in the Master Lease, Sublessor shall not be required to provide any personal property (other than the Furniture) or any data-related service to Sublessee.
Furniture, Fixtures and Equipment. During the term of this Agreement, and all renewals and extensions hereof, GDSC shall lease to Group, at each Clinic at which Group performs its dental care services, the dental equipment, office equipment, furniture, fixtures, furnishings and leasehold improvements reasonably necessary for Group to perform its dental care services. The use by Group of such furniture, fixtures, furnishings, and equipment shall be subject to the following conditions:
1. Title to all such furniture fixtures, furnishings, and equipment shall remain in GDSC and upon termination of this Agreement, Group shall immediately return and surrender all such furniture, fixtures, furnishings, and equipment to GDSC in as good condition as when received, normal wear and tear excepted. Group expressly agrees to execute any appropriate UCC-1 Financing Statement and UCC-1 Fixture Filings, if so requested in writing by GDSC.
2. GDSC shall be fully and entirely responsible for all repairs and maintenance of all such furniture, fixtures, furnishings, and equipment; provided, however, that Group agrees that it will use its best efforts to prevent damage, excessive wear, and breakdown of all such furniture, fixtures, furnishings, and equipment and shall advise GDSC of any and all needed repairs and equipment failures.
Furniture, Fixtures and Equipment. Manager agrees to provide or have provided to medical offices those supplies and items of furniture, fixtures and equipment as are determined by Manager, after consultation with Practice, to be necessary and/or appropriate for Practice's operations at the Medical Offices during the term of this Agreement (all such items of furniture, fixtures and equipment are collectively referred to hereinafter as the "FFE") subject, however, to the following conditions:
(a) Practice shall have the use of the FFE only during the term of this Agreement and title to the FFE shall be and remain in Parent, Manager and/or PSC at all times during such term.
(b) Manager shall be responsible for, and pay for out of Net Practice Revenues, all repairs, maintenance and replacement of the FFE, except for repairs, maintenance and replacement necessitated by the negligence of Practice, its employees and agents.
Furniture, Fixtures and Equipment. All furniture, fixtures, equipment, machinery, computers, computer peripherals, tools, devices and other tangible personal property (hereinafter "Furniture, Fixtures and Equipment") owned by Seller and used in the operation of the Business, whether or not listed in the books or records of the Business, including, but not limited to, the items described on Schedule 1.12 1 The parties have a mutual interest in defining the assets included and excluded in the sale. The Asset Purchase Agreement should outline the general categories of assets included and excluded in the sale. Seller may wish to specifically identify any assets which are excluded from the sale.
Furniture, Fixtures and Equipment. Landlord and Tenant shall mutually coordinate the installation of any furniture, furniture system, fixtures, equipment, telephone, computer or communication system ordered or to be installed by Tenant in the Demised Premises, with any work in the Demised Premises and/or the Building and Tenant shall perform or cause such installation to be performed in such a manner as to not damage the Building.
Furniture, Fixtures and Equipment. Manager agrees to provide or have provided to Medical Offices those supplies and items of furniture, fixtures and equipment as are customarily required for the Practice and as are determined by Manager, and approved by Practice, to be necessary and/or appropriate for Practice's proper and effective operations at the Medical Offices during the term of this Agreement (all such items of furniture, fixtures and equipment are collectively referred to hereinafter as the "FFE") subject, however, to the following conditions:
(a) Practice shall have the use of the FFE only during the term of this Agreement and title to the FFE shall be and remain in Parent and/or Manager at all times during such term except as otherwise provided herein.
(b) Manager shall be responsible for, and pay for out of Net Practice Revenues or other sources, all repairs, maintenance and replacement of the FFE. However, repairs, replacements and new equipment, each of which costing more than $500 will be capitalized, such that Manager shall fund same from its own capital and charge to Practice as a Practice Expense depreciation of the capital item on a straight line basis in accordance with GAAP and interest expense related thereto at the interest rate charged by Manager's "Credit Facility Lender".
