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 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 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 shall be permitted to use some A list of the existing office and laboratory all Sublandlord’s furniture, fixtures and equipment located in the Initial Premises fixtures, equipment, and/or information technology infrastructure which is as of the Commencement DateEffective Date located at or installed in or for the benefit of the Premises (collectively, as described in more particular detail in Exhibit E attached hereto (the “FF&E”). Tenant ) is attached hereto as Exhibit C. During the Interim Period, Subtenant shall accept have the right to inspect the FF&E in its current “ASand to propose amendments to Exhibit C to reflect the actual existence, non-IS” condition and “WITH ALL FAULTS”. Landlord specifically disclaims all express or implied warranties regarding the existence existence, location, or condition ofof all items so listed, such FF&E, including without limitation the implied warranties of merchantability and suitability for a particular purposewhich amendments shall not be unreasonably refused by Sublandlord. For purposes of documenting the current condition of the FF&E, Tenant and Landlord shall, On or prior to the Commencement Date, conduct a joint walk-through the Subtenant shall submit to Sublandlord, in writing, its proposed changes to Exhibit C, all of which shall become part of Exhibit C unless Sublandlord reasonably objects thereto within five (5) business days thereafter. Sublandlord will not, and will not authorize or permit any other person or entity to, remove or exchange any of the Initial Premises in order to inventory items FF&E during the term 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 this Sublease without LandlordSubtenant’s prior written consent. On or about the date of expiration of During the Term, Subtenant shall have the parties shall once again conduct a walk-through of the Initial Premises right to catalog any items of damage, disrepair, misuse freely use or loss among store the FF&E without any Additional Rent or other charge therefor; provided, however, that Subtenant shall reimburse Sublandlord, up to but not exceeding the then-current fair value thereof, for any damage (reasonable normal wear and tear excepted), and Tenant shall be responsible, at Tenant’s sole cost and expense, for curing ) to 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 of FF&E except with other than damage which is the advanced written permission result of Landlord, and any work of modifying any FF&E shall be performed at Tenant’s sole cost using Landlord’s specified vendors the negligent or an alternate vendor approved in writing willful misuse thereof by Landlord (such approval to be granted Sublandlord 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)its personnel or guests.

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 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.

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 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 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.