Common use of Furniture, Fixtures and Equipment Clause in Contracts

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. 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 Phase I or Phase II Premises (as applicable) as of the Phase I or Phase II Commencement DateDate (as applicable), and 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 Phase I Commencement Date, as to the Phase I Premises, and prior to the Phase II Commencement Date, as to the Phase II Premises, conduct a joint walk-through of the Initial Premises in order to inventory items of damage or disrepair in the FF&E. No item of the FF&E shall be removed from the Premises without Landlord’s prior written consent; provided, however, not more than once during the Term, Tenant may request in writing that Landlord remove certain portions of the original FF&E, upon which removal the remaining FF&E shall be considered the “FF&E” under this Lease. Landlord and Tenant may enter into a reasonable form of letter agreement or other documentation evidencing such remaining FF&E. In addition, not withstanding anything herein to the contrary, Tenant may elect, via a written notice delivered to Landlord not later than sixty (60) days following the Phase II Commencement Date, to offer to purchase all or a portion of the remaining FF&E (the “Proposed Purchased FF&E”), and if Landlord and Tenant agree upon the price for such Proposed Purchased FF&E, then following any such purchase, any portion of the Proposed Purchased FF&E that is actually purchased by Tenant shall be referred to in this Article 25 as the “Purchased FF&E”, and Tenant will have no remaining obligations to Landlord to manage, repair or replace any portion of the Purchased FF&E. Upon such agreement, the parties shall enter into a commercially reasonable bill of sale for such Purchased FF&E, and Landlord shall assign, transfer and convey to Tenant all of Landlord’s right, title and interest in and to the Purchased FF&E on an “as is, where is” basis. Landlord represents and warrants that it has the legal right and ownership to the FF&E and has the legal ability to transfer the ownership thereof to Tenant. Tenant shall use the FF&E only for the purposes for which such FF&E is intended and and, subject to the terms of this Article 25 with respect to Purchased FF&E, if Tenant does not elect to purchase all of the FF&E pursuant to this Article 25, then Tenant shall be responsible for the proper maintenance, care and repair of the remaining unpurchased FF&E (the “Unpurchased 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, provided that Tenant did not exercise its right to acquire all of the FF&E, 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 Unpurchased 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). If Tenant does not elect to purchase all of the FF&E pursuant to this Article 25, then Tenant shall not materially modify modify, reconfigure or relocate any of the Unpurchased FF&E except with the advanced written permission of Landlord, and any work of modifying any of the Unpurchased FF&E (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture, if any) 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 LandlordLxxxxxxx’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). If Tenant does elect to purchase any of the FF&E, then Tenant shall remove the Purchased FF&E upon the expiration or earlier termination of the Term in accordance with Article 12 above. Notwithstanding anything herein to the contrary, in no event shall Tenant have any duty or obligation to replace any Unpurchased FF&E that does not have a useful life extending beyond the Term.

Furniture, Fixtures and Equipment. During the Term, at no charge to Tenant, Tenant shall be permitted to use some As of the existing office and laboratory Commencement Date, Subtenant shall purchase all of Sublandlord’s furniture, fixtures fixtures, and equipment located in existing within the Initial Premises as of the Commencement Date, as described in more particular detail in Exhibit E attached hereto Date (the “FF&E”). Tenant ) for the sum of One Dollar ($1.00) pursuant to a xxxx of sale substantially in the form attached hereto as Exhibit C, and Subtenant shall accept thereafter be solely responsible for removal of the FF&E from the Premises and the Building, to the extent required by the Master Lease, and for repair and/or restoration of any damage to the Building caused by or resulting from such removal. Sublandlord hereby represents and warrants to Subtenant that Sublandlord is the owner of the FF&E free and clear of any claims of others. Except as set forth in its current “AS-IS” condition the immediately preceding sentence, Sublandlord has not made, does not make, and “WITH ALL FAULTS”. Landlord specifically disclaims all will not make, any representations or warranties of any kind, express or implied implied, to Subtenant with respect to the FF&E including, without limitation, any representations or warranties regarding as to the existence condition 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 functionality of the FF&E, Tenant or the suitability of the FF&E for Subtenant’s purposes. Subtenant agrees to accept the FF&E for purchase in its “as is, where is, with all faults” condition. From and Landlord shall, prior to after 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 Subtenant 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 solely responsible, at TenantSubtenant’s sole cost and expense, for curing maintenance, repair, operation, and replacement, from time to time, of the FF&E. In the event of a Default by Subtenant which results in the termination of this Sublease, any FF&E remaining in the Premises from and after the date of such termination shall be deemed abandoned and Sublandlord may remove or dispose of any such items (including, with respect abandoned FF&E without notice 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 or the advanced written permission consent 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)Subtenant.

Furniture, Fixtures and Equipment. During The Yahoo Termination Agreement requires Yahoo to surrender the Term, at no charge to Tenant, Tenant shall be permitted to use some of the existing office Building and laboratory Building B with certain 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 place (the “Yahoo FF&E”). A list of the Yahoo FF&E is attached hereto as Exhibit “C”. To the extent Yahoo surrenders the Premises to Landlord with any Yahoo FF&E in place, Tenant shall accept have the right to use such Yahoo FF&E in its current “AS-IS” condition and “WITH ALL FAULTS”at the Premises during the Lease Term at no additional cost to Tenant. 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 Prior to the Commencement Date, conduct a joint walk-through Date Landlord shall deliver to Tenant an inventory of the Initial Premises in order to inventory items of damage or disrepair Yahoo FF&E that has been surrendered in the FF&E. Building (the “FF&E Inventory”). The Yahoo FF&E, if any, will be provided in its then “AS IS, WHERE IS” condition, subject to theft and casualty, without representation or warranty whatsoever and without any obligation on the part of Landlord to repair or replace same; provided, however, that Landlord represents that as of the delivery of the FF&E Inventory to Tenant Yahoo has delivered to Landlord a xxxx of sale for the Yahoo FF&E listed on the FF&E Inventory. Tenant shall use surrender the all Yahoo FF&E only for provided to Tenant with the purposes for which such FF&E is intended and shall be responsible for Premises upon the proper maintenancetermination of this Lease in the same condition as received, 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 tear, casualty and condemnation excepted). Notwithstanding the prior sentence, Tenant shall have the option to purchase all or any portion of the Yahoo FF&E provided to Tenant at any time during the Lease Term for the price of One Dollar ($1) by delivering to Landlord during the Lease Term such payment and written notice of its exercise of such option identifying the Yahoo FF&E being purchased, whereupon Tenant shall be responsible, at Tenant’s sole cost required to remove and expense, for curing any surrender the Premises free and clear of all such items (including, with respect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Landlord). Tenant shall purchased Yahoo FF&E not materially modify any FF&E except with later than the advanced written permission expiration or sooner termination 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)this Lease.

Furniture, Fixtures and Equipment. During the Term, at no charge to Tenant, Landlord and Tenant shall be permitted to use some have performed an inventory of the existing office and laboratory furniture, fixtures and equipment located in at the Initial Premises as of the Commencement DatePremises, as described in more particular detail and such inventory is set forth in Exhibit E H attached hereto (the “Existing FF&E”). During the Term, Tenant shall accept have the right to use the Existing FF&E in its current “AS-IS” condition at no additional cost to Tenant, provided that (A) such Existing FF&E shall, at all times during the Lease Term, remain the property of Landlord, and “WITH ALL FAULTS”. Landlord specifically disclaims all express or implied warranties regarding Tenant shall not have 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 right to remove any of the FF&EExisting FF&E from the Premises without Landlord's prior written consent, and (B) 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 its sole cost and expense, maintain, repair and replace (to the extent reasonably necessary) the Existing FF&E in accordance with Article 7 below. No item Notwithstanding any contrary provision of this Lease, the Existing FF&E shall be removed from delivered to Tenant in its then existing “As Is” condition, and Landlord shall have no liability or obligation with respect to the Initial Premises without Landlord’s prior written consentcondition thereof or for any maintenance and repairs required thereto. On Tenant shall have no obligation to insure such Existing FF&E or about replace such FF&E in the date event of any casualty. Upon the expiration or earlier termination of this Lease, (i) Tenant shall surrender the TermExisting FF&E to Landlord in materially the same condition and operating order as received by Tenant, 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), (ii) any replacements of Existing FF&E that are permanently affixed to the Premises (or paid for by funds provided by Landlord) shall become Landlord’s property and be surrendered by 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 (iii) any work replacements of modifying any Existing FF&E that are not permanently affixed to the Premises (and are not paid for by funds provided by Landlord) shall be performed at Tenant’s property and be removed from the Premises by Tenant, at its sole cost using Landlord’s specified vendors or an alternate vendor approved in writing by Landlord (such approval cost, pursuant to be granted or withheld on Landlord’s good faith discretionSection 15.2, 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)below.

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 Phase I or Phase II Premises (as applicable) as of the Phase I or Phase II Commencement DateDate (as applicable), and 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 Phase I Commencement Date, as to the Phase I Premises, and prior to the Phase II Commencement Date, as to the Phase II Premises, conduct a joint walk-through of the Initial Premises in order to inventory items of damage or disrepair in the FF&E. No item of the FF&E shall be removed from the Premises without Landlord’s prior written consent; provided, however, not more than once during the Term, Tenant may request in writing that Landlord remove certain portions of the original FF&E, upon which removal the remaining FF&E shall be considered the “FF&E” under this Lease. Landlord and Tenant may enter into a reasonable form of letter agreement or other documentation evidencing such remaining FF&E. In addition, not withstanding anything herein to the contrary, Tenant may elect, via a written notice delivered to Landlord not later than sixty (60) days following the Phase II Commencement Date, to offer to purchase all or a portion of the remaining FF&E (the “Proposed Purchased FF&E”), and if Landlord and Tenant agree upon the price for such Proposed Purchased FF&E, then following any such purchase, any portion of the Proposed Purchased FF&E that is actually purchased by Tenant shall be referred to in this Article 25 as the “Purchased FF&E”, and Tenant will have no remaining obligations to Landlord to manage, repair or replace any portion of the Purchased FF&E. Upon such agreement, the parties shall enter into a commercially reasonable bill of sale for such Purchased FF&E, and Landlord shall assign, transfer and convey to Tenant all of Landlord’s right, title and interest in and to the Purchased FF&E on an “as is, where is” basis. Landlord represents and warrants that it has the legal right and ownership to the FF&E and has the legal ability to transfer the ownership thereof to Tenant. Tenant shall use the FF&E only for the purposes for which such FF&E is intended and and, subject to the terms of this Article 25 with respect to Purchased FF&E, if Tenant does not elect to purchase all of the FF&E pursuant to this Article 25, then Tenant shall be responsible for the proper maintenance, care and repair of the remaining unpurchased FF&E (the “Unpurchased 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, provided that Tenant did not exercise its right to acquire all of the FF&E, 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 Unpurchased 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). If Tenant does not elect to purchase all of the FF&E pursuant to this Article 25, then Tenant shall not materially modify modify, reconfigure or relocate any of the Unpurchased FF&E except with the advanced written permission of Landlord, and any work of modifying any of the Unpurchased FF&E (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture, if any) 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 LandlordXxxxxxxx’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). If Tenant does elect to purchase any of the FF&E, then Tenant shall remove the Purchased FF&E upon the expiration or earlier termination of the Term in accordance with Article 12 above. Notwithstanding anything herein to the contrary, in no event shall Tenant have any duty or obligation to replace any Unpurchased FF&E that does not have a useful life extending beyond the Term.

Furniture, Fixtures and Equipment. During 17.01 All floor coverings and all heating, ventilating, air conditioning, plumbing, ducting, electrical and sprinkler systems, machinery and equipment, furniture, furnishings and other articles of personal property whether currently or hereafter installed or existing in the Premises at any time either by Tenant or by Landlord, whether or not attached to or affixed to the Premises (collectively, “FF&E” which term includes any additions to or replacements of any of the foregoing) shall, unless and until the Closing occurs, be the property of Landlord. Tenant shall not remove any FF&E from the Premises unless such FF&E is replaced with a comparable item of FF&E of at least equal quality. If this Lease expires other than as a result of the Closing or upon any earlier termination of this Lease, the FF&E shall remain upon and be surrendered with the Premises. Throughout 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 its sole cost and expense. No item expense (but subject to the provisions of Section 4.02 hereof) cause all of the items of FF&E shall to 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 in proper working order and in good condition (reasonable wear and tear excepted) (and to the extent Tenant’s obligations accrue prior to the expiration or termination of this Lease, such obligations of Tenant shall survive the expiration or termination of this Lease). 17.02 Tenant covenants and agrees that no lien or security interest, whether by way of conditional bxxx of sale, chattel mortgage, Uniform Commercial Code financing statement or instrument of similar import, shall be placed or allowed to remain upon any FF&E, whether or not any of same is affixed to the Premises or the Facility and Tenant shall not enter into any equipment lease for any FF&E (collectively, “Liens”). If any Lien is filed against Tenant, the Leased Property or the Facility, Tenant will, immediately upon notice thereof from Landlord, cause such Lien to be responsible, removed or discharged at Tenant’s sole cost and expense, for curing and Tenant’s failure to do so shall constitute a material breach of this Lease (and to the extent Tenant’s obligations accrue prior to the expiration or termination of this Lease, or any Lien is filed which relates to any act or wrongful inaction of Tenant prior to the expiration or termination of this Lease, such items (including, with respect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Landlord). obligations of Tenant shall not materially modify any FF&E except with survive the advanced written permission expiration or termination 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 furniturethis Lease).

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 Phase I or Phase II Premises (as applicable) as of the Phase I or Phase II Commencement DateDate (as applicable), and 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 Phase I Commencement Date, as to the Phase I Premises, and prior to the Phase II Commencement Date, as to the Phase II Premises, conduct a joint walk-through of the Initial Premises in order to inventory items of damage or disrepair in the FF&E. No item of the FF&E shall be removed from the Premises without Landlord’s prior written consent; provided, however, not more than once during the Term, Tenant may request in writing that Landlord remove certain portions of the original FF&E, upon which removal the remaining FF&E shall be considered the “FF&E” under this Lease. Landlord and Tenant may enter into a reasonable form of letter agreement or other documentation evidencing such remaining FF&E. In addition, not withstanding anything herein to the contrary, Tenant may elect, via a written notice delivered to Landlord not later than sixty (60) days following the Phase II Commencement Date, to offer to purchase all or a portion of the remaining FF&E (the “Proposed Purchased FF&E”), and if Landlord and Tenant agree upon the price for such Proposed Purchased FF&E, then following any such purchase, any portion of the Proposed Purchased FF&E that is actually purchased by Tenant shall be referred to in this Article 25 as the “Purchased FF&E”, and Tenant will have no remaining obligations to Landlord to manage, repair or replace any portion of the Purchased FF&E. Upon such agreement, the parties shall enter into a commercially reasonable bill of sale for such Purchased FF&E, and Landlord shall assign, transfer and convey to Tenant all of Landlord’s right, title and interest in and to the Purchased FF&E on an “as is, where is” basis. Landlord represents and warrants that it has the legal right and ownership to the FF&E and has the legal ability to transfer the ownership thereof to Tenant. Tenant shall use the FF&E only for the purposes for which such FF&E is intended and and, subject to the terms of this Article 25 with respect to Purchased FF&E, if Tenant does not elect to purchase all of the FF&E pursuant to this Article 25, then Tenant shall be responsible for the proper maintenance, care and repair of the remaining unpurchased FF&E (the “Unpurchased 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, provided that Tenant did not exercise its right to acquire all of the FF&E, 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 Unpurchased FF&E (reasonable wear and tear excepted), and Tenant shall be 00056263.8 54 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). If Tenant does not elect to purchase all of the FF&E pursuant to this Article 25, then Tenant shall not materially modify modify, reconfigure or relocate any of the Unpurchased FF&E except with the advanced written permission of Landlord, and any work of modifying any of the Unpurchased FF&E (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture, if any) 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 LandlordXxxxxxxx’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). If Tenant does elect to purchase any of the FF&E, then Tenant shall remove the Purchased FF&E upon the expiration or earlier termination of the Term in accordance with Article 12 above. Notwithstanding anything herein to the contrary, in no event shall Tenant have any duty or obligation to replace any Unpurchased FF&E that does not have a useful life extending beyond the Term.

Furniture, Fixtures and Equipment. During the TermSubtenant, at no charge to TenantSubtenant, Tenant shall be permitted have the right during the Term to use some all of the existing office and laboratory furniture, fixtures furnishings and equipment located in at the Initial Premises as of the Commencement Date, as described in more particular detail in on Exhibit E attached D-1 annexed hereto (the collectively, “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 All 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 Sublandlord’s property until the Initial Premises without Landlord’s prior written consent. On or about the date of expiration end of the Term, in accordance with the parties terms set forth herein. Subject to Sublandlord’s Work on Exhibit D annexed hereto, the FF&E shall once again conduct a walkbe delivered to Subtenant on the Commencement Date in their “as-through is” condition as of the Initial Premises Commencement Date without warranty or recourse to catalog any items of damageSublandlord, disrepairand Sublandlord makes no representation to Subtenant concerning the condition or usefulness of, misuse or loss among otherwise, with respect to the FF&E (reasonable wear other than that Sublandlord owns title to the FF&E free and tear exceptedclear of any and all liens and encumbrances). Notwithstanding the foregoing, Subtenant shall have the one-time right to give a written notice to Sublandlord between the Effective Date of this Sublease and ninety (90) days thereafter directing that Sublandlord remove items of FF&E specifically identified in such notice, and Tenant if Subtenant shall be responsiblegive Sublandlord such notice then (i) Sublandlord shall, at TenantSublandlord’s sole cost and expense, for curing any remove such identified items from the Premises on or before the later of (includingx) the date that is thirty (30) days after the date of such notice and (y) the Commencement Date and (ii) upon such removal, 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 such identified 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 deemed deleted from the definition of factors which include, without limitation, whether “FF&E” hereunder. Subtenant shall leave the performance by such vendor will void applicable warranties for such furniture and whether such vendor is sufficiently experienced FF&E in the design Premises on the expiration or earlier termination of such furniture)the Sublease Term in their then “as-is” condition.

Furniture, Fixtures and Equipment. During The Yahoo Termination Agreement requires Yahoo to surrender the Term, at no charge to Tenant, Tenant shall be permitted to use some of the existing office Building and laboratory Building A with certain 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 place (the “Yahoo FF&E”). A list of the Yahoo FF&E is attached hereto as Exhibit “C”. To the extent Yahoo surrenders the Premises to Landlord with any Yahoo FF&E in place, Tenant shall accept have the right to use such Yahoo FF&E in its current “AS-IS” condition and “WITH ALL FAULTS”at the Premises during the Lease Term at no additional cost to Tenant. 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 Prior to the Commencement Date, conduct a joint walk-through Date Landlord shall deliver to Tenant an inventory of the Initial Premises in order to inventory items of damage or disrepair Yahoo FF&E that has been surrendered in the FF&E. Building (the “FF&E Inventory”). The Yahoo FF&E, if any, will be provided in its then “AS IS, WHERE IS” condition, subject to theft and casualty, without representation or warranty whatsoever and without any obligation on the part of Landlord to repair or replace same; provided, however, that Landlord represents that as of the delivery of the FF&E Inventory to Tenant Yahoo has delivered to Landlord a xxxx of sale for the Yahoo FF&E listed on the FF&E Inventory. Tenant shall use surrender the all Yahoo FF&E only for provided to Tenant with the purposes for which such FF&E is intended and shall be responsible for Premises upon the proper maintenancetermination of this Lease in the same condition as received, 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 tear, casualty and condemnation excepted). Notwithstanding the prior sentence, Tenant shall have the option to purchase all or any portion of the Yahoo FF&E provided to Tenant at any time during the Lease Term for the price of One Dollar ($1) by delivering to Landlord during the Lease Term such payment and written notice of its exercise of such option identifying the Yahoo FF&E being purchased, whereupon Tenant shall be responsible, at Tenant’s sole cost required to remove and expense, for curing any surrender the Premises free and clear of all such items (including, with respect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Landlord). Tenant shall purchased Yahoo FF&E not materially modify any FF&E except with later than the advanced written permission expiration or sooner termination 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)this Lease.

Furniture, Fixtures and Equipment. During Not later than two weeks after the Date of Lease, Tenant shall determine whether it desires to use the existing office furniture, fixtures and equipment located in the Premises as of the Commencement Date and as shown on Exhibit D hereto (the “FF&E”) during the Term, at no charge to Tenant. If Tenant elects to not use the FF&E, Tenant or does not timely make an election, then Landlord shall be permitted remove the FF&E from the Premises prior to use some of the existing office and laboratory furniture, fixtures and equipment located in the Initial Premises as of the Commencement Date. If Tenant elects to use the FF&E, as described in more particular detail in Exhibit E attached hereto (the “FF&E”). then Tenant shall accept the FF&E in its current “AS-IS” condition and “WITH ALL FAULTS”, and the remaining provisions of this Article 26 shall apply. Any such election shall be in a written notice delivered to Landlord (the “FF&E Election Notice”), and such election shall be as to all the FF&E. 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 Title to the FF&E shall be removed from the Initial Premises pass to Tenant (without Landlord’s prior written consent. On any warranty or about representation whatsoever) as of the date of the FF&E Election Notice, and upon the expiration or earlier termination of the TermLease, the parties Tenant shall once again conduct a walk-through of the Initial Premises to catalog any items of damage, disrepair, misuse or loss among remove 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, from the Premises in accordance 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 Section 12.1 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)this Lease.

Furniture, Fixtures and Equipment. During LLC shall provide to the TermPractice, at no charge to Tenantduring the Term hereof, Tenant shall be permitted to use some of the existing office and laboratory furniture, fixtures and equipment located in equipment, including a positron emission tomography scanner (collectively the Initial Premises as "FF&E") necessary to the operation of the Commencement Date, Practice as described listed 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 Attachment II as part consideration for the purposes for which such FF&E is intended and Administrative Fees to be paid by the PC hereunder. LLC shall be responsible for the proper maintenance, care all repairs and repair maintenance of the FF&EFF&E and shall provide new or replacement FF&E (other than a replacement positron emission tomography scanner where same is not replaced by the manufacturer pursuant to a warranty, guarantee or similar such replacement), provided same shall, in the reasonable opinion of the Managers of the LLC, be economically feasible, as and to the extent that the PC and LLC agree that any such FF&E is necessary for the continued operation of the Practice by the PC. PC shall be responsible for repairs, maintenance and replacements to FF&E necessitated by the gross negligence or willful misconduct of PC's employees, contractors or agents, except to the extent same shall be covered by proceeds of applicable insurance maintained with respect thereto. The LLC acknowledges that use of FF&E by the PC shall be exclusive to the PC. LLC shall provide, at Tenant’s sole no cost to PC, all hardware and expensesoftware upgrades which are supplied by the PET manufacturer or the equipment lessor at no additional charge to LLC. No item Any hardware or software upgrades for which the PET manufacturer or the equipment lessor assesses a charge to LLC (to the extent that it is deemed reasonably required for the operation of FF&E the Practice and economically feasible, as determined in the reasonable opinion of the LLC) shall be removed from acquired by LLC and provided to PC subject to the Initial Premises without Landlord’s prior written consent. On or about the date of expiration parties' agreement to an appropriate adjustment of the Term, Administrative Fee set forth in Section IV. PC shall have the parties shall once again conduct a walk-through use of the Initial Premises FF&E only during the Term of this Agreement and shall have no ownership interest therein. Additions of new equipment shall also be accompanied by an appropriate adjustment of the Administrative Fee set forth in Section IV as agreed to catalog any items of damage, disrepair, misuse or loss among by the FF&E (reasonable wear LLC 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 PC as provided 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)Section IV.

Furniture, Fixtures and Equipment. During the Term, at no charge to Tenant, Tenant Subtenant shall be permitted allowed to use some any or all of the existing office and laboratory Sublandlord’s furniture, trade 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”)) located in the Premises and described more fully in Exhibit C to this Sublease. Tenant Sublandlord shall accept remove any of Sublandlord’s personal property within the Premises not forming part of the FF&E which Subtenant does not want to remain on the Premises provided Subtenant shall have identified the same 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, writing to Sublandlord prior to the actual Commencement Date, conduct in which event the Sublandlord and Subtenant agree to substitute a joint walk-through revised initialed Exhibit C schedule of FF&E in place of the Initial Premises in order to inventory items Exhibit C attached hereto as 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 this Sublease. Subtenant’s right to catalog any items of damage, disrepair, misuse or loss among the identify FF&E (reasonable wear and tear excepted), and Tenant to be removed by Sublandlord shall be responsiblea one (1) time right. To the extent that Subtenant identifies any other FF&E to be removed after Subtenant has provided Sublandlord its written notice to remove such FF&E as described above, Subtenant shall be, at TenantSubtenant’s sole cost and expense, for curing any reimburse Sublandlord the actual costs and expenses of such items (including, with respect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Landlord)FF&E removal. Tenant Sublandlord shall not materially modify any remove the 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 requested in writing by Landlord Subtenant within a reasonable period of time. Sublandlord shall incur no liability to Subtenant for any delay in such removal. Sublandlord shall have no obligation to remove any FF&E from the Premises where any Subtenant written notice requesting removal of FF&E is delivered and received by Subtenant after the Commencement Date. The FF&E is made available for Subtenant’s use on an “as is” and “with all faults” basis, and Sublandlord shall have no obligation to alter or repair the FF&E in anticipation of Subtenant’s use, except that the data cabling shall be operational and labeled as of the Commencement Date. No separate charge shall be payable for Subtenant’s use of the FF&E, but such right of use shall end upon early termination of this Sublease or Subtenant’s right to possession of the Premises. During the Term, Subtenant shall (a) maintain the FF&E in good condition and repair, (b) not remove the FF&E from the Premises except with Sublandlord’s prior within consent, and (c) bear all risk of loss to the FF&E. Six (6) months prior to the end of the term Subtenant shall have the option to purchase the FF&E identified on Exhibit C as the same may have been substituted by the parties upon the Expiration Date of this Sublease for $10.00 by giving written notice to Sublandlord that Subtenant desires to purchase such approval FF&E. In the absence of such written notice, Sublandlord shall have no obligation to be granted or withheld on Landlordsell the FF&E to Subtenant. Upon valid exercise of Subtenant’s good faith discretionoption to purchase the FF&E, based Sublandlord shall upon Landlord’s assessment the Expiration Date execute a Xxxx 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 Sale in the design form attached hereto at Exhibit E to this Sublease. This option to purchase shall be binding on both parties upon receipt of such furniture)the written notice of exercise by Sublandlord. Immediately following the Expiration Date and provided no earlier termination of this Sublease has taken place, or Subtenant has validly exercised Subtenant’s option to purchase the FF&E, Subtenant shall upon Sublandlord’s request repair any damage to or replace any FF&E. Sublandlord shall have no obligation to sell Subtenant any FF&E removed by Sublandlord, or with Sublandlord’s consent by any other party.

Furniture, Fixtures and Equipment. During Landlord and Tenant acknowledge that the Term, at no charge to Tenant, Tenant shall be permitted to use some current tenant of the existing office and laboratory Leased Premises will be surrendering certain improvements, furniture, fixtures and equipment located in the Initial Leased Premises upon its departure therefrom. Such material is referred to herein as the “Surrendered FF&E”. Landlord and Tenant agree, within ten (10) days after the Effective Date of this Lease, to inspect the Leased Premises together, at which time Tenant shall inform Landlord what items from the Surrendered FF&E Tenant desires to remain at the Leased Premises as of the Lease Commencement Date, as described in more particular detail in Exhibit E attached hereto Date (the “Remaining FF&E”) and which Existing FF&E items should be removed prior to the Lease Commencement Date (the “Removed FF&E”). Tenant Landlord, at no expense to Tenant, shall accept remove the Removed FF&E in its current “AS-IS” condition and “WITH ALL FAULTS”. Landlord specifically disclaims all express or implied warranties regarding from 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, Leased Premises prior to the Lease 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 responsibleentitled to use the Remaining FF&E at the Leased Premises throughout the Lease Term and shall surrender the Remaining FF&E to Landlord in its then-existing condition upon the expiration or earlier termination of this Lease. In no event shall Tenant be required to maintain or repair any of the Remaining FF&E or remove any of the Remaining FF&E from the Leased Premises at any time during, at Tenant’s sole cost and expenseor upon the expiration or earlier termination of, 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)Lease Term.

Furniture, Fixtures and Equipment. During the Term, at no charge to Tenant, Tenant shall be permitted to use some As of the existing office and laboratory Commencement Date, Subtenant shall purchase those items of Sublandlord’s furniture, fixtures fixtures, and equipment located in existing within the Initial Sublease Premises as of the Commencement DateDate and listed on Exhibit B attached hereto, as described in more particular detail in Exhibit E attached hereto excluding the leased property (the “Leased FF&E”) listed under the “Other Leased Furnishings & Equipment” subheader (the remainder, the “FF&E”). Tenant ) for the sum of One Dollar ($1.00) pursuant to a xxxx of sale substantially in the form attached hereto as Exhibit C, and Subtenant shall accept thereafter be solely responsible for removal of the FF&E in its current “AS-IS” condition from the Sublease Premises and “WITH ALL FAULTS”the Building, to the extent required by the Master Lease and Section 8.1(m) below, and for repair and/or restoration of any damage to the Building caused by or resulting from such removal. Landlord specifically disclaims all Sublandlord is the sole owner of the FF&E and the FF&E is unencumbered. Except as aforesaid, Sublandlord has not made, does not make, and will not make, any representations or warranties of any kind, express or implied implied, to Subtenant with respect to the FF&E including, without limitation, any representations or warranties regarding as to the existence condition 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 functionality of the FF&E, Tenant or the suitability of the FF&E for Subtenant’s purposes. Subtenant agrees to accept the FF&E for purchase in its “as is, where is, with all faults” condition as of the date of this Sublease, subject to reasonable wear and Landlord shall, prior to tear between the date of this Sublease and the Commencement Date. From and after 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 Subtenant 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 solely responsible, at TenantSubtenant’s sole cost and expense, for curing any such items (includingmaintenance, with respect to lossrepair, 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 Landlordoperation, and any work replacement, from time to time, of modifying any the FF&E. If Subtenant provides written notice to Sublandlord within fourteen (14) days after the Commencement Date, such notice specifying some or all of the Leased FF&E that Subtenant rejects in connection with this Sublease, then Sublandlord shall be performed at Tenant’s sole cost using Landlord’s remove such 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 Leased FF&E from the performance by such vendor will void applicable warranties for such furniture and whether such vendor is sufficiently experienced in the design Sublease Premises within a reasonable time following receipt of such furniture)notice. Subtenant shall permit Sublandlord access to perform such removal during normal business hours upon at least twenty-four (24) hours prior written notice to Subtenant. Sublandlord shall use commercially reasonable efforts to conduct such removal with minimal interference to Subtenant’s business operations.