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Common use of Furniture Clause in Contracts

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 2 contracts

Samples: Sublease, Sublease (Appian Corp)

Furniture. As of the Delivery Date for each Suite and throughout the duration of the Sub-Sublease Term, Sub-Subtenant shall have the right to use the furniture described in Schedule 4.4 attached hereto currently located in the Sub-Sublease Premises (the “Furniture”). For the avoidance of doubt, the Furniture shall not include items that are not specifically listed on Schedule 4.4, including photos and art work, carpets, plants and planters. Sub-Subtenant acknowledges and agrees that Sub-Sublandlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Furniture. Sub-Subtenant confirms that it has had the reasonable opportunity to inventory and inspect the Furniture and hereby represents that (i) it accepts the Furniture “AS IS AND WITH ALL FAULTS”, and (ii) it is satisfied that all items of Furniture listed on Schedule 4.4 attached hereto are currently located within the Sub-Sublease Premises and are hereby accepted by Sub-Subtenant, subject to and in accordance with the terms of this Section 4.4. Throughout the Sub-Sublease Term, Sub-Subtenant shall be permitted obligated to use without charge maintain, repair and safeguard the existing furniture (cased goods, workstations, break room furnitureFurniture, and fixtures) that is currently located on shall obtain and maintain physical damage insurance with respect to the 11th Floor and the 17th FloorFurniture, and the conference tables currently located within Training Room B (covering Subleased Premises Furniture”), a listing all risks” of which is attached hereto and incorporated herein as Exhibit Fphysical loss or damage, for the Term then fair market value of such previously used items, normal wear and tear excepted. Sub-Subtenant shall pay all personal property taxes assessed against the Furniture during the Sub-Sublease Term. Notwithstanding the foregoing, provided this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B Sub-Sublease has not terminated prior to the Commencement Date all debris and personal property (including Sub-Sublease Expiration Date, then upon the video equipmenttermination of this Sub-Sublease, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Sub-Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is purchase the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in ) and it shall become the Subleased Premises Furniture to secure property of Sub-Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Sub-Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of accept the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant same in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease“AS IS, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the SubleaseWHERE IS” condition, Subtenant will not dispose of, convey, pledge, assign, without representation or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualitywarranty whatsoever.

Appears in 2 contracts

Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)

Furniture. Subtenant Sublessor shall not be permitted responsible for furnishing the Sublease Premises, however, Sublessor shall grant Sublessee the right to utilize 102 cubicles and one hundred (100) chairs on the Fifth (5th) Floor Sublease Premises, with Sublessor using best efforts to provide up to 69 additional cubicles on the Expansion Sublease Premises. Additionally, after obtaining Sublessor’s consent in each instance, Sublessee shall have the option to use without charge the existing other furniture and furnishings (cased goodsincluding but not limited to benches, workstations, break room furnituretables, and fixtureschairs) currently located in the Sublease Premises and the Expansion Sublease Premises subject to the same terms (“Sublessor’s Furniture”). Sublessor’s Furniture shall consist initially of those cubicles that is currently are presently disassembled within the building, then shall utilize the cubicles presently located on the 11th Floor and 4th floor to achieve the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, total requested cubicles. Sublessee shall be responsible for the Term cost of this Subleaserelocation within the Building and installation of said Sublessor’s Furniture. Sublandlord No warranty or guarantee of condition of said Sublessor’s Furniture is being provided by Sublessor to Sublessee. There shall remove from be no charge to Sublessee for the Subleased use of Sublessor’s Furniture. Sublessee shall have access to the Sublease Premises and from Training Room B prior Expansion Sublease Premises upon full execution of the Sublease Agreement for the purpose of installing cubicles and furniture. Sublessee’s furniture vendor will be required to provide proof of reasonably suitable insurance for the Commencement Date all debris effort to both relocate and personal property (install Sublessor’s furniture. All Sublessor's Furniture including the video equipment, monitors, projectors, etc.), loaned cubicles and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant chairs shall be permitted identified and listed with their conditions and quantities in Schedule D to acquire be initialed and completed together by an employee of each party within 20 business days after Premises Commencement or the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); providedEarly Access Period, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualitywhichever comes first.

Appears in 2 contracts

Samples: Sublease Agreement (Credo Technology Group Holding LTD), Sublease Agreement (Credo Technology Group Holding LTD)

Furniture. Sublandlord agrees to lease to Subtenant, and Subtenant shall be permitted agrees to use without charge lease from Sublandlord, the existing furniture (cased goodscubicles, workstationsfurniture, cafeteria, break room furnitureand training room furniture (if any), cafeteria kitchen equipment, audio-visual equipment (if any), cable wiring, and fixturesphone wiring located in the Sublease Premises on January 4, 2005 (collectively, the “Furniture”) that for the duration of the Sublease Term. The Furniture is currently located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etcSublease Premises. Sublandlord represents and warrants that it is the fee simple owner to Subtenant (i) Subtenant shall promptly notify Sublandlord of the Subleased Premises repossession; and (ii)_if the removal of such kitchen equipment materially interferes with Subtenant’s ability to operate the Cafeteria (and Subtenant was operating the Cafeteria immediately prior to the time of such removal), Subtenant’s obligation to operate the Cafeteria shall be abated until such time as Sublandlord replaces such repossessed kitchen equipment with kitchen equipment of similar type and age. Sublandlord and Subtenant shall work together to create a list of the Furniture prior to the Sublease Commencement Date, and that it has full rights and authority shall attach such list to sell such Subleased Premises Furniture. On this Sublease as Exhibit D. Notwithstanding the Commencement Date of this Subleaseforegoing, Subtenant shall be permitted not have the right to acquire utilize Sublandlord’s phone system or phones. Subtenant shall install its own phone switch and incoming data lines from the Subleased Premises telephone utility company at Subtenant’s sole cost and expense. Subtenant may not remove the Furniture from the Sublease Premises, except as may be necessary for routine maintenance or repair. Subtenant shall not be required to pay Sublandlord any additional rental for a purchase price the lease of One Dollar ($1.00); providedthe Furniture. The Furniture shall be deemed to have been accepted by Subtenant for all purposes under this Sublease upon Subtenant’s occupancy of the Sublease Premises. No right, however, that Subtenant grants to Sublandlord a security title or interest in the Subleased Premises Furniture shall pass to secure Subtenant other than the right to maintain possession and use of the Furniture for the Sublease Term. Subtenant shall give and record such notices and take such other commercially reasonable action at its own expense as may be necessary to prevent any third party from acquiring or having the right under any circumstances to acquire any interest in the Furniture which arises due to Subtenant’s payment actions. Subtenant accepts the Furniture in its “as is” condition. Subtenant hereby assumes all risk of Rent loss, damage or destruction (beyond normal wear and performance tear) to the Furniture from the date of its obligations under this Subleasecommencement of Subtenant’s occupancy of the Sublease Premises until the Furniture has been returned to, and accepted by, Sublandlord upon the expiration or earlier termination of the Sublease Term. If during the Sublease Term any item of Furniture shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason (beyond normal wear and tear), or in the event of any condemnation, confiscation, theft or seizure or requisition of title to or use of the Furniture not caused by Sublandlord, Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right immediately pay to possession Sublandlord an amount equal to the value of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then such item at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityloss.

Appears in 2 contracts

Samples: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture (cased goods, workstations, break room furniture, and fixtures) that is currently cabling located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a listing joint walk-through of which is attached hereto and incorporated herein as Exhibit F, the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. Subtenant shall use the Furniture only for the Term purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of this Subleasethe Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. Sublandlord No item of Furniture shall remove be removed from the Subleased Premises and from Training Room B without Sublandlord’s prior to written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.)advanced written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such video equipmentapproval to be granted or withheld on Sublandlord’s good faith discretion, monitorsbased upon Sublandlord’s assessment of factors which include, projectorswithout limitation, etc. shall not constitute Subleased Premises Furniture, whether the performance by such vendor will void applicable warranties for such furniture and Subtenant shall have no rights to use whether such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it vendor is sufficiently experienced in the fee simple owner design of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniturefurniture). On or about the Commencement Date date of expiration of this Sublease, Subtenant shall be permitted to acquire will purchase the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is is” condition for a repurchase price the sum of One Dollar ($1.00)10.00. Subtenant agrees to keep will be responsible for the timely removal of the Furniture from the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityPremises.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement (Transcend Services Inc)

Furniture. Subtenant shall be permitted The Original Lease is hereby amended by inserting the following as a new Section 16.18: “Landlord’s Furniture. Landlord hereby leases to use Tenant without charge the existing furniture (cased goods, workstations, break room furnitureseparate charge, and fixtures) that is currently located on Tenant hereby hires from Landlord, the 11th Floor and the 17th Floor, and the conference tables personal property currently located within Training Room B the Premises (the Subleased Premises FurnitureIncluded Personal Property”). Landlord makes no representation as to the condition or usability of the Included Personal Property. Tenant shall indemnify and hold harmless Landlord, and its officers, directors, agents, employees and invitees, from and against any and all claims, actions, liability and damages (including without limitation reasonable attorneys’ fees and expenses) sustained by any agent, employee, contractor, invitee, assignee or tenant of Tenant as a listing result of which is attached hereto any injury, damage or other liability suffered in connection with the Included Personal Property. Tenant shall (i) accept the Included Personal Property in its “as is” condition as of the date hereof, as the same may be affected by reasonable wear and incorporated herein as Exhibit Ftear after the date hereof, for (ii) insure the Term Included Personal Property against loss or damage by fire or other casualty (and all of the provisions of this Sublease. Sublandlord Lease applicable to insurance required to be carried by Tenant shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.be applicable thereto), and such video equipment(iii) surrender the Included Personal Property to Landlord in the Premises upon the expiration or sooner termination of this Lease in the same condition as of the date hereof, monitorsas the same may be affected by reasonable wear and tear. If Tenant desires to remove any or all of the Included Personal Property from the Premises, projectorsit shall notify Landlord of its intention with a specific list of the specified property. Landlord shall either inform Tenant that (i) Tenant shall dispose the applicable Included Personal Property, etcin which event the removal and disposal of the applicable Included Personal Property shall be at Tenant’s sole cost and expense, or (ii) Tenant shall move, at its sole cost and expense, the applicable Included Personal Property to a location at the Project designated by Landlord. shall not constitute Subleased Premises FurnitureIn the latter event, the cost and Subtenant expense of storage will be borne by Landlord. Tenant shall have no rights obligation to use replace or restore any such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is Included Personal Property so removed upon the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityExpiration Date.

Appears in 2 contracts

Samples: Lease Agreement (Avago Technologies LTD), Lease Agreement (Avago Technologies Finance Pte. Ltd.)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sub-Sublandlord represents and warrants that it all furniture and equipment listed and described in Schedule “B” attached hereto is within the fee simple owner of the Sub-Subleased Premises (such equipment and furniture is hereinafter collectively referred to as the “Existing Furniture”). The Sub-Sublandlord warrants that the Existing Furniture is free of any financial lien or hypothec and that it has full rights and authority to sell such Subleased Premises there are no service contracts affecting the Existing Furniture. On The parties acknowledge and agree that, upon the Commencement Date execution and delivery of this Sub-Sublease, without the requirement of any additional consideration, all rights, title and ownership in and to the Existing Furniture shall be conveyed to and vest in Sub-Subtenant and Sub-Subtenant shall be permitted free to acquire maintain and/or dispose the Subleased Premises Existing Furniture from Sublandlord for a purchase price as Sub-Subtenant so elects in its sole discretion but subject to the terms hereof. The foregoing conveyance with respect to the Existing Furniture shall be self-executing and no additional documentation shall be required in order to evidence the aforementioned assignment and conveyance of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Existing Furniture to secure Sub-Subtenant. Sub-Sublandlord makes no representation or warranty as to the condition, fitness or suitability of such Existing Furniture for Sub-Subtenant’s payment purposes. Sub-Subtenant may, as it deems appropriate or necessary, reconfigure the Existing Furniture to combine with any of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Sub-Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default furniture and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, equipment. Sub-Sublandlord shall be permitted to reacquire have no obligation for the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price maintenance, repair or replacement of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises such Existing Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 2 contracts

Samples: Sub Sublease Agreement, Sub Sublease Agreement (Clementia Pharmaceuticals Inc.)

Furniture. During the Additional Subleased Premises Term, Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B the Additional Subleased Premises (collectively, the Additional Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. C. Sublandlord shall remove from the Additional Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. (collectively “Sublandlord Video Equipment”), personal property, and debris, other than the Additional Subleased Premises Furniture. The Sublandlord Video Equipment and other personal property of Sublandlord shall not constitute Additional Subleased Premises Furniture, and Subtenant shall have no rights right to use such video equipment, monitors, projectors, etcSublandlord Video Equipment and other personal property of Sublandlord. Sublandlord represents and warrants that it Sublandlord is the fee simple owner of the Additional Subleased Premises Furniture and that it Sublandlord has full rights right, power and authority to sell such Additional Subleased Premises Furniture. On the Additional Subleased Premises Commencement Date of this SubleaseDate, Subtenant shall be permitted to acquire the Additional Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Additional Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its Subtenant’s obligations under this the Sublease, and in the event Subtenant shall default under this the Sublease beyond any applicable notice and cure period, and this the Sublease or Subtenant’s right to possession of the Subleased Premises and/or the Additional Subleased Premises shall be terminated prior to expiration of the stated Term of this SubleaseAdditional Subleased Premises Term, then at the time of such default and termination of this the Sublease or termination of Subtenant’s right of possession under this the Sublease, Sublandlord shall be permitted to reacquire the Additional Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Additional Subleased Premises Furniture in good condition and repair during the term of the SubleaseAdditional Subleased Premises Term, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the SubleaseAdditional Subleased Premises Term, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Additional Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 2 contracts

Samples: Sublease, Sublease (Appian Corp)

Furniture. Subtenant shall be permitted have, as appurtenant to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to Premises, the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest furniture located in the Subleased Premises as of the Commencement Date (the “Furniture”) during the Term. Promptly after the Commencement Date, Sublandlord and Subtenant shall execute a furniture inventory which shall list the Furniture, substantially in the form attached hereto as Exhibit F (the “Furniture Inventory”). The Furniture is provided “AS-1S/WHERE IS” and without warranty by Sublandlord as to its condition or usability. Sublandlord shall maintain property insurance for the Furniture. Subtenant acknowledges that to the extent it deems appropriate Subtenant has inspected the Furniture and found the same to be in acceptable condition. Subject to Sublandlord’s insurance obligations herein, Subtenant shall repair and maintain the Furniture so that it will remain in the same condition as when delivered to Subtenant, ordinary wear and tear from proper use excepted. At the expiration or earlier termination of the Term, Subtenant shall return the Furniture to secure Subtenant’s payment of Rent and performance of its obligations under Sublandlord in the condition required hereunder. Notwithstanding the foregoing or anything to the contrary contained in this Sublease, and in during the event Term, Subtenant shall default under this Sublease beyond any applicable notice and cure periodhave the right, and this Sublease or at Subtenant’s right sole cost, to possession disassemble any or all of the partitions located in the Subleased Premises shall be terminated prior to expiration as of the stated Commencement Date, Sublandlord shall, at Sublandlord’s sole cost, remove the same from the Subleased Premises, and such partitions shall no longer be designated as Furniture that Subtenant is required to maintain during the Term of this Sublease, then or return to Sublandlord at the time of such default and expiration or earlier termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityTerm.

Appears in 2 contracts

Samples: Sublease Agreement (Decibel Therapeutics, Inc.), Sublease Agreement (Decibel Therapeutics, Inc.)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (cased goods, workstations, break room furniture, and fixtures) that is currently the “Furniture”). The Furniture consists of all of the furniture located on the 11th Floor first (1st) floor and the 17th Second Floor; Subtenant will have the right, at Subtenant’s cost, to relocate items of Furniture between the first (1st) floor and the Second Floor, and but, in accordance with Section 5.2 above, Subtenant will not have the conference tables right to use any Furniture while it is located on the Second Floor. Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located within Training Room B (“in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furniture”). Provided Subtenant is not in default hereunder as of the expiration of the Term, Sublandlord shall transfer ownership of the Furniture to Subtenant for a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Subleasepurchase price equal to $10.00. Sublandlord shall remove deliver a xxxx of sale to Subtenant, transferring ownership of all of the Furniture to Subtenant effective as of the Expiration Date, and Subtenant shall be solely responsible for the timely removal of the Furniture from the Subleased Premises and from Training Room B prior to and, the Commencement Date all debris and personal property (including Second Floor in accordance with the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner provisions of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Master Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 2 contracts

Samples: Sub Sublease (Ocz Technology Group Inc), Sub Sublease (Ocz Technology Group Inc)

Furniture. Subtenant Tenant has advised Landlord that it does not desire to use all of the Furniture and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed on Exhibit J attached hereto and made a part hereof (the “Removed Furniture”) (The furniture listed on Exhibit J shall be permitted referred to use without charge herein as the existing “Retained Furniture”). Landlord has agreed to do so, subject to the following terms and conditions: a. All “cubes” and other similarly constructed furniture (cased goodswhich is part of the Removed Furniture, workstationsshall, break room furnitureat the sole cost and expenses of Tenant, be disassembled by Tenant, and fixtures) each piece or component thereof shall be labeled so that the pieces can be readily re-assembled; b. Tenant shall have moved the Removed Furniture to a location designated by Landlord on the first floor of Building 3 of the Project, in a commercially reasonable manner so as to protect the Removed Furniture from damage; c. All wiring connected to the Removed Furniture shall be pulled into the ceiling space of the Premises immediately above where it is currently located on and left there so that it can be re-used in the 11th Floor future; d. Landlord (and/or its authorized agent(s)) shall have the right to be present during the processes described in clauses a., b. and the 17th Floorc. above, and Tenant shall comply with all reasonable requests of Landlord, or its authorized agent, concerning such work; e. Upon delivery of the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior Removed Furniture to the Commencement Date all debris and personal property (including space identified by Landlord in Building 3, Exhibit C to the video equipment, monitors, projectors, etc.)Lease shall be replaced in its entirety by Exhibit C attached hereto, and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant Tenant shall have no further rights or responsibilities with respect to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner Removed Furniture; and f. Tenant shall provide Landlord with evidence of the Subleased Premises cost paid by Tenant to third parties to move the Removed Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Subleaseas set forth above, and in the event Subtenant Landlord shall default under this Sublease beyond any applicable notice and cure periodreimburse Tenant for one-half of said cost, and this Sublease or Subtenant’s right up to possession a maximum of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality10,000.00.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Sublease Agreement (Exact Sciences Corp)

Furniture. During the Sublease Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently kitchen/pantry equipment located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit F attached hereto, as well as all equipment and data cabling associated therewith (the “Furniture”), a listing of however, with respect to the Furniture depicted in Exhibit F attached hereto which is attached hereto located on the seventh (7th) floor of the Building (i.e., the Expansion Space), the parties acknowledge that the depicted Furniture consists of the items located therein as of the Effective Date, and incorporated herein as Exhibit F, for that a third party subtenant will be occupying the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B Expansion Space prior to Sublandlord’s occupancy of the Commencement Date all debris and personal property Expansion Space (including assuming Sublandlord exercises the video equipment, monitors, projectors, etc.Expansion Option), and that Sublandlord’s obligation to deliver such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises FurnitureFurniture to Subtenant, and Subtenant’s obligation to accept such Furniture in its current condition, are both dependent upon Sublandlord’s 7th floor subtenant returning all Furniture located on the seventh (7th) floor in good condition and repair; to the extent that if such subtenant fails to do so, Sublandlord will use reasonable efforts to enforce any rights it may have to require such subtenant to replace any missing or damaged items of Furniture with an appropriate item in acceptable condition. Subtenant shall have accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no rights warranty is made by Sublandlord with respect to use such video equipment, monitors, projectors, etcthe condition of any cabling currently located in or serving the Subleased Premises). Sublandlord represents and warrants that it is has clean title to the fee simple owner Furniture without any encumbrances or liens by any other party. For purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date and Expansion Date, as applicable, conduct a joint walk-through of the Subleased Premises and Expansion Space, as applicable, in order to inventory items of damage or disrepair. Subtenant shall use the Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, insurance, care and repair of the Furniture, at Subtenant’s sole cost and expense, using maintenance contractors specified by Sublandlord. Subtenant shall not modify, reconfigure or relocate any of the Furniture except with the advance written permission of Sublandlord (which shall not be unreasonably withheld, conditioned or delayed), and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’s assessment of factors which include, without limitation, whether the performance by such vendor will void applicable warranties for such Furniture and that it has full rights and authority to sell whether such vendor is sufficiently experienced in the design of such Furniture). No item of Furniture shall be removed from the Subleased Premises Furniture. On without Sublandlord’s prior written consent; which consent may be conditioned upon Subtenant using Sublandlord’s preferred contractor for the Commencement Date purposes of any such removal, and storing any removed Furniture in a storage facility specified by Sublandlord, and returning and re-installing such Furniture in the Subleased Premises (using a contractor specified by Sublandlord) upon the expiration or termination of this Sublease, Subtenant shall all at Subtenant’s sole cost and expense, to be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00)paid as additional Rent hereunder; provided, however, that Subtenant grants to Sublandlord a security interest if such preferred contractors and storage facilities offer their services at rates that materially exceed commercially reasonable prices for similar San Francisco vendors of equivalent skill, experience, insurance coverage, union affiliation and, in the Subleased Premises case of storage facilities, security features, and, further, provided that in Sublandlord’s good faith determination the use of an alternate contractor/facility will not void any warranties with respect to the Furniture in question, Subtenant may use other contractors and storage facilities reasonably approved in writing by Sublandlord. Prior to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in or promptly following the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease expiration or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and earlier termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire conduct a walk-through of the Subleased Premises to catalog any items of damage, disrepair, misuse or loss among the Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal reasonable wear and tear and damage by casualty. Subtenant agrees that during the term of the Subleasedue to casualty excepted), Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless and Subtenant shall replace be responsible, at Subtenant’s sole cost and expense, for curing any such furniture items (including, with substitute furniture of equivalent qualityrespect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Sublandlord).

Appears in 2 contracts

Samples: Sublease (Nerdwallet, Inc.), Sublease (Nerdwallet, Inc.)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the remaining existing modular and office furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Office Furniture”) as well as all equipment and associated data cabling existing in the Subleased Premises (the Office Furniture together with any equipment and data cabling, being referred to collectively as the “Furniture”). Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises or with respect to the fitness of such cabling for Subtenant’s intend use thereof). For purposes of documenting the current condition of the Office Furniture, Subtenant and Sublandlord shall, within ten (10) days after Sublandlord’s receipt of the Furniture Notice, conduct a listing joint walk-through of which is attached hereto and incorporated herein as Exhibit F, the Subleased Premises in order to inventory items of damage or disrepair. Subtenant shall use the Furniture only for the Term purposes for which such Furniture is intended and shall be responsible for the proper maintenance, insurance, care and repair of this Subleasethe Furniture, at Subtenant’s sole cost and expense. Sublandlord Subtenant shall remove not modify, reconfigure or relocate any of the Furniture except with the advance written notice to Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) shall be performed at Subtenant’s sole cost. No item of Furniture shall be removed from the Subleased Premises and from Training Room B without Sublandlord’s prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etcwritten consent.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 2 contracts

Samples: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc)

Furniture. Subtenant During the term of this Lease, Tenant shall be permitted have the right, at no additional charge, to use without charge the existing any or all furniture (cased goods, workstations, break room furniture, systems and fixtures) that is associated wiring currently located on within the 11th Floor Building and the 17th Floorowned by Landlord, and the conference tables currently right to use any additional furniture systems located within Training Room B (“Subleased elsewhere in the Park and owned by Landlord, that are necessary to complete the Tenant’s Work in the Initial Premises Furniture”), a listing and furnish the same. All of which the furniture Tenant has elected to use is attached hereto and incorporated herein as described in Exhibit F, which has not been prepared as of the date of this Lease, but which will be prepared by Tenant and delivered to Landlord within 60 days after the date of this Lease. Once such furniture list is delivered to Landlord it shall be attached hereto as Exhibit F and incorporated herein. All such furniture and wiring shall only be used solely in connection with Tenant’s use of the Initial Premises during term of this Lease, as it may be extended. Tenant shall have the right to purchase such furniture systems and equipment at the expiration of this Lease, for the Term sum of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment$1.00, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. but shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior purchase if Tenant elects to expiration of the stated Term of terminate this Sublease, then at the time of such default Lease early pursuant to Sections 2.5 or 2.7 hereof. All furniture systems and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted wiring are being made available to reacquire the Subleased Premises Furniture from Subtenant Tenant in its then their current as-is condition, without any representations or warranties by Landlord regarding the condition of the furniture and wiring or their suitability for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture Tenant’s use, and Tenant shall, at its expense, maintain such furniture and equipment in good condition and repair during the term of the SubleaseTerm, subject to normal wear and tear and casualty damage by casualtyexcepted. Subtenant agrees that during the term Upon completion of the SubleaseTenant’s Work in the Initial Premises, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest Tenant shall have no further rights to select additional furniture for use in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityInitial Premises.

Appears in 1 contract

Samples: Office Lease (Exa Corp)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit C attached hereto, as well as all equipment and cabling associated therewith (the “Furniture”). Subtenant shall have the right, a listing by written notice delivered to Sublandlord prior to the Commencement Date, to notify Sublandlord of any items of the Furniture which is attached hereto and incorporated herein as Exhibit FSubtenant does not want to use in the Subleased Premises and, for the Term of this Sublease. in such event, Sublandlord shall remove such items from the Subleased Premises at Sublandlord’s sole cost and expense and the parties shall enter into a letter agreement re-stating the schedule of Furniture set forth in Exhibit C attached hereto to remove from such schedule those items which Subtenant so requests to be removed from the Subleased Premises. Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. Subtenant shall use the Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, insurance, care and repair of the Furniture, at Subtenant’s sole cost and expense, using maintenance contractors specified by Sublandlord. The policy limits of Subtenant’s insurance for the Furniture shall be at least $500,000 on an occurrence form basis under Subtenant’s business personal property policy which Subtenant is obligated to maintain under the Master Lease. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’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). No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Unless Subtenant is purchasing the Furniture pursuant to the provisions set forth below, on or about the date of expiration of the Term, the parties shall once again conduct a walk-through of the Subleased Premises to catalog any items of damage, disrepair, misuse or loss among the Furniture (reasonable wear and tear excepted), and Subtenant shall be responsible, at Subtenant’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 Sublandlord). Notwithstanding the foregoing provisions of this Section 18 to the contrary, if Subtenant is not in default hereunder as of the date that is thirty (30) days prior to the Expiration Date, Subtenant shall have the right to purchase the Furniture for the sum of $0.00 by written notice delivered to Sublandlord on or before that is twenty (20) days prior to the Expiration Date; in such event, this Section 18 will constitute a xxxx of sale transferring ownership of the Furniture to Subtenant effective as of the Expiration Date on an “as is” basis with no representation or warranty, and, thereafter, Subtenant shall be solely responsible for the proper removal of the Furniture from the Subleased Premises and from Training Room B prior to the Commencement Date all debris Building in accordance with the terms and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner provisions of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityMaster Lease.

Appears in 1 contract

Samples: Sublease (Glu Mobile Inc)

Furniture. During the Sublease Term, Subtenant shall be permitted have the right to use without charge the existing furniture (cased goods, workstations, break room furniture, fixtures, equipment, audio visuals, IT and fixturessecurity equipment listed on Exhibit B to this Sublease (the “Furniture”) that is currently located on at no additional Rent payable to Sublandlord. Subtenant shall use the 11th Floor Furniture in its “as-is” condition and Sublandlord makes no representations or warranties, express or implied, with regard to the 17th Floorcondition or any other aspect of the Furniture. Subtenant shall maintain and repair the Furniture in as good of condition and repair as of the Sublease Commencement Date at its sole cost and expense, reasonable wear and tear and damage from casualty excepted. Sublandlord shall have no obligations or liabilities with respect to the conference tables currently located within Training Room B Furniture. Upon expiration or earlier termination of this Sublease, Sublandlord shall execute a Xxxx of Sale (the Subleased Premises FurnitureXxxx of Sale”), a listing of which is attached hereto and incorporated herein as Exhibit FD, to Subtenant for consideration of $1.00 from Subtenant for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use remove all such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights other personal property belonging to Subtenant from the Sublease Premises, including any wiring located in the Sublease Premises as more particularly set forth on Schedule I, and authority to sell repair any damage caused by such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00)removal; provided, howeverthat, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and an early termination of this Sublease or termination as a result of a Default by Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted have no obligation to reacquire deliver the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price Xxxx of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualitySale.

Appears in 1 contract

Samples: Sublease Agreement (PubMatic, Inc.)

Furniture. So long as Subtenant shall be permitted to use without charge is not in default of the existing furniture (cased goods, workstations, break room furniture, terms and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term conditions of this Sublease. Sublandlord shall remove from , during the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date term of this Sublease, Subtenant shall be permitted to acquire use Sublandlord's furniture (the Subleased Premises “Furniture”) and on June 29, 2008 (the “End of Term”), provided that Subtenant is not then in default of the terms and conditions of this Sublease, such Furniture from Sublandlord for a purchase price shall become the property of One Dollar ($1.00)Subtenant; provided, however, that: (i) Subtenant acknowledges and agrees that the Furniture is being delivered to Subtenant grants in its “AS IS” “WHERE IS” condition on the Commencement Date, without representation or warranty as to fitness, merchantability or use or any other representation of any kind whatsoever; (ii) Subtenant shall maintain throughout the term of this Sublease insurance for the Furniture insuring the full replacement cost thereof, and such policy shall be issued by companies licensed to do business in New York and shall be rated “A”X or better by Best's Rating Guide, and Subtenant shall deliver to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment fully paid for policy or certificate of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated insurance with respect thereto prior to expiration of the stated Term of this Sublease, then Commencement Date; and (iii) the Furniture shall remain upon and be delivered to Sublandlord at the time of such default and termination of this Sublease or termination if the same shall occur prior to the End of Subtenant’s right of possession under this SubleaseTerm, Sublandlord in the same condition as delivered to Subtenant on the Commencement Date, reasonable wear and tear accepted. Subtenant shall be permitted to reacquire responsible for any applicable transfer taxes imposed by any governmental authority (“Transfer Taxes”) upon the Subleased Premises transfer of the Furniture from Subtenant in its then as-is condition for a repurchase price upon the End of One Dollar ($1.00)Term. Subtenant agrees shall indemnify, defend and hold Sublandlord harmless from and against any loss, cost or expense incurred as a result of any damage to keep the Subleased Premises Furniture in good condition or any repairs required thereto, or any failure to pay the Transfer Taxes. Subtenant shall be responsible, at its sole cost and expense, for the repairs, maintenance and replacement, to the extent necessary, of the Furniture during the term of the this Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the SubleaseExcept as otherwise set forth herein, Subtenant will (i) shall have no ownership interest in or to the Furniture, (ii) shall not be entitled to allow any other party to use the Furniture, and (iii) shall not be entitled to dispose of, convey, pledge, assign, encumber or grant a security interest in any otherwise convey the Furniture. This Article shall survive the termination of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualitythis Sublease.

Appears in 1 contract

Samples: Sublease (Ramp Corp)

Furniture. During the Term, at no charge to Subtenant except as expressly set forth in this Section 14, Subtenant shall be permitted to use without charge the existing office furniture and supplemental air conditioning unit existing in the Premises (cased goodsas more particularly set forth on Exhibit A attached hereto, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (Subleased Premises Furniture”). Subtenant shall accept the Furniture in its current condition, a listing “AS-IS, WHERE-IS,” with no representations or warranties on behalf of which is attached hereto and incorporated herein Sublandlord, except as Exhibit F, for the Term of otherwise provided in this Sublease. Sublandlord represents that it holds title to all of the Furniture free and clear of any liens, claims or encumbrances. Subtenant shall remove use the Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care, insurance and repair of the Furniture, at Subtenant’s sole cost and expense and using maintenance contractors specified by Sublandlord. The Furniture shall be insured by Subtenant pursuant to Article 10 of the Original Lease, and Sublandlord shall be named as an additional loss payee with respect thereto. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent, which may be withheld in Sublandlord’s sole and from Training Room B absolute discretion, unless the item of Furniture is replaced with an equivalent substitute. Subtenant shall not modify, reconfigure or relocate any Furniture except with the prior written consent of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of any portion of the Furniture) shall be performed using Sublandlord’s specified vendors. Provided that Subtenant is not in breach or default of any of the terms and provisions of this Sublease (regardless of the expiration of any applicable grace or cure period) as of the Expiration Date, Subtenant shall have the right, by written notice to Sublandlord given not later than thirty (30) days prior to the Commencement Expiration Date, to purchase the Furniture from Sublandlord on the Expiration Date for and in consideration of an amount mutually agreeable to the parties in their reasonable discretion (the “Purchase Price”). If such option is timely and properly exercised and the Purchase Price is agreed upon between the parties and is paid by Subtenant to Sublandlord on or before the Expiration Date, then all debris right, title and personal property interest of Sublandlord in the Furniture shall pass to Subtenant on the Expiration Date, without representation or warranty, express or implied, and in its then “AS-IS, WHERE-IS” condition, with the same force and effect as if by xxxx of sale. If Subtenant is in breach or default under this Sublease as of the date of exercise of Subtenant’s option or as of the Expiration Date (including regardless of the video equipment, monitors, projectors, etc.expiration of any applicable grace or cure period), then, in Sublandlord’s sole discretion, Subtenant’s option to purchase the Furniture shall be null and such video equipmentvoid and of no force or effect whatsoever. If Sublandlord will retain ownership of the Furniture, monitorsthen on or about the Expiration Date or any earlier termination of the Term, projectorsthe parties shall conduct a walk-through of the Premises to catalog any items of damage, etc. shall not constitute Subleased Premises Furnituredisrepair, misuse or loss among the Furniture (reasonable wear and tear excepted), and Subtenant shall have no rights be responsible, at Subtenant’s sole cost and expense, for curing any such items (including, with respect to use such video equipmentloss, monitorsreplacing any lost item with a substantially similar item reasonably acceptable to Sublandlord), projectors, etc. Sublandlord represents and warrants that it is which obligation shall survive the fee simple owner expiration or any earlier termination of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityTerm.

Appears in 1 contract

Samples: Sublease (Ecotality, Inc.)

Furniture. Subtenant shall be permitted have, as appurtenant to the Sublet Premises, the use without charge during the existing Term of the furniture and equipment located in the Sublet Premises as of the Term Commencement Date as more fully listed on Exhibit C (cased goodscollectively, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and acknowledges that it has full rights had the opportunity to inspect the Furniture and authority to sell such Subleased Premises Furniture. On shall accept the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession “as is” condition of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00)Commencement Date. Subtenant agrees to take all actions necessary or appropriate to ensure that the Furniture shall be and remain personal property, and nothing in this Xxxxxxxxx shall be constituted as conveying to Subtenant any interest in the Furniture other than its interest as a Subtenant. Subtenant shall, at its expense, protect and defend the interest of Sublandlord in the Furniture against all third party claims; keep the Subleased Furniture free and clear of any mortgage, security interest, pledge, lien, charge, claim, or other encumbrance (collectively, a “Lien”), except any Lien arising solely through acts of Sublandlord. The Furniture shall be used by Subtenant only at the Premises Furniture and in good condition the ordinary conduct of its business. In the event Subtenant elects at any time during the term Term not to utilize any of the SubleaseFurniture, subject Subtenant shall notify Sublandlord in writing of the items of furniture Tenant elects not to normal use and Subtenant shall be responsible, at Subtenant’s sole cost and expense, for transporting the Furniture it elects not to use to a storage location designated in writing by Sublandlord. Subtenant shall, at its expense, maintain and replace the Furniture so that it remains in the same condition as when delivered to Subtenant, ordinary wear and tear from proper use excepted, and damage by casualtyshall surrender the Furniture in such condition upon the expiration or earlier termination of the Term. In addition, Subtenant hereby assumes all other risks and liabilities, including without limitation personal injury or death and property damage, arising with respect to the Furniture (unless solely through Sublandlord’s gross negligence or willful misconduct), howsoever arising, in connection with any event occurring prior to such Furniture’s return in accordance herewith. Subtenant agrees that during hereby assumes liability for, and shall pay when due, all fees, taxes, and governmental charges (including without limitation interest and penalties) of any nature imposed upon or in any way relating to the term Furniture. In addition, as Sublandlord is not the manufacturer or vendor of the SubleaseFurniture, Subtenant will not dispose ofit makes no other representation or warranty, conveyexpress or implied, pledgeas to any matter whatsoever, assignincluding without limitation the design or condition of the Furniture, its merchantability, durability, suitability or fitness for any particular purpose, the quality of the material or workmanship of the Furniture, or grant a security interest in any the conformity of the Subleased Premises FurnitureFurniture to the provisions or specifications of any purchase order relating thereto, unless Subtenant shall replace and Sublandlord hereby disclaims any and all such furniture with substitute furniture of equivalent qualityrepresentations and warranties.

Appears in 1 contract

Samples: Sublease Agreement (Demandware Inc)

Furniture. Subtenant Notwithstanding anything to the contrary set forth herein, Sublessor shall be permitted deliver the Subleased Premises to Sublessee with the furniture fixtures and equipment described in Exhibit E located therein (collectively, the "Furnishings"). Sublessee accepts the Furnishings in their then "as-is", "where-is" condition and WITHOUT ANY REPRESENTATIONS OR WARRANTIES. Sublessee has inspected the Furnishings and agrees that same are in a condition satisfactory to Sublessee. Sublessee agrees to pay to Sublessor, as additional rent, a monthly charge for the use without charge of the existing furniture Furnishings equal to $1,687.50 per month for the period 4/1/02-9/30/02 and $2,531.25 per month for the period 10/1/02-3/30/04. Sublessee further agrees to pay any sales, use, personal property or similar tax (cased goods, workstations, break room furniture, together with any related interest and fixturespenalties) that is currently located on imposed upon the 11th Floor Furnishings or the transfer and/or use thereof by Sublessee (and the 17th Floor, and foregoing obligation shall expressly survive the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term termination of this Sublease). Sublandlord Upon the expiration of the term, Sublessee shall remove the Furnishings from the Subleased Premises and from Training Room B prior to same shall be deemed the Commencement Date all debris and personal property (including of Sublessee. If this Sublease shall expire by reason of default by Sublessee, the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. Furnishings shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of be removed from the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted returned to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest Sublessor in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in at the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession termination of the Subleased Premises Sublease; PROVIDED THAT if such expiration by default shall be terminated prior to expiration of occur on or after the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term 1st anniversary of the Sublease, subject the Sublessee may elect, within ten (10) days following the date of such expiration and at its sole discretion, to normal wear and tear and damage by casualty. Subtenant agrees that during pay to Sublessor the term present value of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any above-described payments with respect to furnishings for the then remaining period of the Subleased Premises FurnitureLease, unless Subtenant whereupon the Furnishings shall replace such furniture with substitute furniture be the property of equivalent qualitySublessee.

Appears in 1 contract

Samples: Sublease (First Marblehead Corp)

Furniture. (a) Subject to the terms and provisions of Paragraph 1.7 of the Sublease, (i) commencing on the Building One Premises Delivery Date, Sublandlord shall lease to Subtenant and Subtenant shall be permitted lease from Sublandlord, at no additional rent the furniture and equipment located in the Building One Premises, which Sublandlord has identified on Exhibit C-1 attached hereto (the “Building One Furniture”) and (ii) commencing on the Building One Expansion Space Delivery Date, if applicable, Sublandlord shall lease to use without charge Subtenant and Subtenant shall lease from Sublandlord, at no additional rent the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently equipment located on the 11th Floor second floor of the Building One Expansion Space, which Sublandlord has identified on Exhibit C-2 attached hereto (the “Building One Expansion Space Furniture”). From and after the Building One Premises Delivery Date, the term “Furniture” as used in the Sublease and this First Amendment shall be deemed also to include the Building One Furniture. From and after the Building One Expansion Space Delivery Date, if applicable, the term “Furniture” as used in the Sublease and this First Amendment shall be deemed also to include the Building One Expansion Space Furniture. Prior to the Building One Premises Delivery Date, Subtenant and Sublandlord shall conduct a walkthrough of the Building One Premises and the 17th FloorBuilding One Expansion Space and based on such walkthrough the parties shall revise Exhibits C-1 and C-2, accordingly. (b) Upon written notice thereof delivered to Sublandlord at least ninety (90) days prior to the Sublease Expiration Date, Subtenant may elect to purchase the Furniture for its “fair market value” payable in cash or other immediately available funds on or before the Sublease Expiration Date. If the parties cannot agree upon the fair market value of the Furniture within thirty (30) days after Subtenant makes such election, either party hereto may submit the issue to arbitration with JAMS, LLC (“JAMS”) in San Jose, California, pursuant to Section 1280, et seq. of the California Code of Civil Procedure. Within ten (10) business days following the appointment of the arbitrator, each party shall state in writing its position concerning the issue supported by the reasons therefor with two copies delivered to the arbitrator. If either party fails timely to submit its position, the position submitted by the other party shall be deemed correct, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”)arbitration shall be deemed concluded. The arbitrator shall arrange for a simultaneous exchange of positions and a hearing. After the hearing, a listing the arbitrator shall select which of which is attached hereto the two proposed positions most closely approximates his determination of the correct position and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights right to use such video equipmentpropose a middle ground or any modification of either of the two proposed positions. The position he chooses as most closely approximating his determination shall constitute the decision of the arbitrator and be final and binding upon the parties. In the event of a failure, monitorsrefusal, projectorsor inability of the arbitrator to act, etchis successor shall be appointed by JAMS, or, if JAMS fails to do so within five (5) business days, as provided by the Act. Sublandlord represents and warrants that it is The arbitrator shall attempt to decide the issue within ten (10) business days after the hearing. Both parties shall share the fee simple owner and expenses of the Subleased Premises arbitrator. The prevailing party shall be entitled to collect its reasonable (as determined by the arbitrator) attorneys’ fees and costs from the unsuccessful party. The arbitrator shall have the right to consult experts and competent authorities with factual information or knowledge concerning the dispute and the fees of such authorities shall be shared equally by the parties. (c) If Subtenant elects to purchase the Furniture, Sublandlord shall transfer the Furniture to Subtenant pursuant to a xxxx of sale in its as-is condition and that it has full rights and authority to sell such Subleased Premises Furniturewithout any representations or warranties. On During the Commencement Date of this SubleaseTerm, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Subleaseresponsible for, and in if necessary shall reimburse Sublandlord with respect to, all costs and expenses related to the event Subtenant shall default under this Sublease beyond any applicable notice and cure periodFurniture, including all insurance, maintenance, repair, replacement, and this Sublease or Subtenant’s right to possession personal property tax costs. (d) Paragraph 1.7(e) of the Subleased Premises Sublease shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualitydeleted.

Appears in 1 contract

Samples: Sublease (Ariba Inc)

Furniture. Subtenant (i) Not later than two business days after Landlord has executed this Sublease to evidence its consent thereto, Sublessor shall be permitted sell to use without charge Sublessee and Sublessee shall purchase from Sublessor all of the existing furniture listed on Exhibit D to this Sublease (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”"Personal Property"), for a listing total purchase price of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease$100,000. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord Sublessor represents and warrants that it is the fee simple owner to Sublessee as of the Subleased Premises Furniture execution of this Sublease and as of the date of transfer, that it Sublessor has full good and marketable title to the Personal Property free and clear of all liens, claims, leases and rights of others, that Sublessor has the power and authority to sell transfer the Personal Property in accordance with this Section, and that the transfer of the Personal Property to Sublessee will not violate any agreement or order by which Sublessor or its assets are bound. Sublessor shall transfer title to the Personal Property by a Bill of Sale which shall include the warranties set forth above. Subxxxxor shall remove the two television sets in the Conference Room and the television set in the lobby, and restore any damage resulting from such Subleased Premises Furniture. On removal, within ten business days after the Commencement Date of this SubleaseDate, Subtenant and if Sublessor fails to do so, Sublessee shall be permitted have the right to acquire do so and offset the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar costs thereof against any and all amounts due to Sublessor hereunder. ($1.00); provided, however, that Subtenant ii) Sublessee grants to Sublandlord Sublessor, effective upon completion of the purchase and sale of the Personal Property, a security interest license to use those items of the Personal Property which are located in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in Remaining Space on the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession date of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination execution of this Sublease or termination by Sublessor and Sublessee, without additional charge, in Sublessor's business operations in the Remaining Space during the balance of Subtenant’s right of possession under this Sublease, Sublandlord First Sublease Period. Sublessor shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture such items in good condition during the term of the Subleaseorder and repair, subject to normal reasonable wear and tear and damage by casualtycasualty excepted, and shall surrender the same to Sublessee at the conclusion of the First Sublease Period. Subtenant agrees that Such license shall be irrevocable during the term First Sublease Period unless there has occurred a default (after expiration of any applicable period for cure) by Sublessor under this Sublease or the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityMaster Lease.

Appears in 1 contract

Samples: Sublease (Genta Incorporated /De/)

Furniture. Effective from and after the Commencement Date and until the Expiration Date, Subtenant shall be permitted have the right to use without charge the existing furniture (cased goods, workstations, break room furniture, fixtures and fixtures) that is currently equipment, if any, located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises (collectively, the “Furniture”), a listing of which is as listed on Exhibit D attached hereto and incorporated herein made a part hereof, as Exhibit F, for of the Term of this SubleaseCommencement Date. Sublandlord shall remove from the Subleased Premises and from Training Room B prior Sublessor makes no representations with respect to the Commencement Date all debris Furniture or the condition thereof. Subtenant acknowledges and personal property agrees that: (including i) Sublessor has made no representations or warranties whatsoever as to the video equipmenttitle or condition of the Furniture, monitorsexcept that Sublessor represents that Sublessor is the owner of, projectors, etc.)there are no encumbrances against, and such video equipmentSublessor has the right to permit use of , monitors, projectors, etc. shall not constitute Subleased Premises the Furniture, ; (ii) Subtenant has examined the Furniture and accepts same in its “as-is” condition in all respects; (iii) Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner neither sell nor transfer all or any portion of the Subleased Premises Furniture Furniture; (iv) the Minimum Rent and that it has full rights and authority Additional Rent payable by Subtenant pursuant to sell such Subleased Premises this Sublease does not include any charge whatsoever for Subtenant’s use of the Furniture. On the Commencement Date of this Sublease, ; (v) Subtenant shall be permitted to acquire repair and maintain the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during throughout the term of the Sublease, subject to normal wear at its sole cost and tear expense; and damage by casualty. Subtenant agrees that during (vi) the Furniture shall remain upon and be surrendered with the Subleased Premises at the expiration of the term of the this Sublease, subject to ordinary wear and tear, and Subtenant will shall not dispose of, convey, pledge, assign, or grant a security interest in remove any of the Furniture from the Subleased Premises Furnitureupon vacating and surrendering the Subleased Premises at the expiration or earlier termination of the term of this Sublease. Anything to the contrary hereinabove notwithstanding, unless Subtenant Sublessor agrees that it shall replace such furniture with substitute furniture remove certain items of equivalent qualityfurniture, fixtures and equipment, as set forth on Exhibit D-1, from the Subleased Premises prior to Subtenant’s occupancy thereof.

Appears in 1 contract

Samples: Sublease (MVC Capital, Inc.)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for During the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall have the use of the furniture located in the Sublease Premises and listed on Exhibit "C" attached hereto and made a part hereof (the "Existing Furniture"). Any furniture in the Sublease Premises not included in the Existing Furniture shall be permitted removed by Sublandlord, at its sole cost and expense, prior to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, Sublease Commencement Date. Subtenant acknowledges that Subtenant grants is leasing the Existing Furniture in its "as-is" condition, and Sublandlord is not making any representation or warranty concerning the condition of the Existing Furniture. Subtenant agrees that Sublandlord shall have no liability whatsoever for any claims arising in connection with Subtenant's use of the Existing Furniture, and Subtenant hereby agrees to indemnify and hold Sublandlord harmless from any such claims. To the extent Subtenant needs to reconfigure the Existing Furniture, any such reconfiguration shall be performed by a contractor designated by Sublandlord at Subtenant's sole cost and expense. Subtenant shall return to Sublandlord a security interest in all such Existing Furniture on the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease expiration or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and earlier termination of this Sublease or termination of in the same condition as same were in on the date the Sublease Premises were first made available by Sublandlord to Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal reasonable wear and tear and damage by casualtycasualty excepted, unless Subtenant purchases the Existing Furniture at the end of the Term pursuant to the terms hereof. Subtenant agrees that during During the term Term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any the Existing Furniture shall remain the property of Sublandlord. Prior to the end of the Subleased term of this Sublease, and regardless of whether Subtenant elects to remain in the Sublease Premises following the Sublease Expiration Date pursuant to a separate agreement with Landlord, Sublandlord and Subtenant shall work together, in good faith, to develop a removal plan that is reasonably satisfactory to Sublandlord and Subtenant in order to minimize the disruption to Subtenant's business operations in the Sublease Premises and will allow Sublandlord to have the Existing Furniture removed prior to the end of the Term, unless Sublandlord elects to sell, and Subtenant elects to purchase, the Existing Furniture in accordance with this paragraph as of the Sublease Expiration Date. Sublandlord shall give Subtenant written notice of Sublandlord's timetable for removing the Existing Furniture and its determination as to whether Sublandlord desires to sell the Existing Furniture to Subtenant no earlier than one hundred eighty (180), and no later than at least one hundred twenty (120), days prior to the Sublease Expiration Date ("Removal Notice"). Subtenant shall give written notice to Sublandlord of its election to purchase the Existing Furniture within ten (10) days of receipt of the Removal Notice. If Subtenant elects to purchase the Existing Furniture, unless Sublandlord and Subtenant shall replace attempt to agree upon the fair market value of the Existing Furniture using reasonable good faith efforts. If Sublandlord and Subtenant fail to reach agreement within thirty (30) days following Subtenant's written notice (the "Outside Agreement Date"), then the parties shall submit the dispute to arbitration as provided in (a) through (e). (a) Sublandlord and Subtenant shall each appoint one arbitrator who shall be a qualified expert in the appraisal of used office furniture. Each such furniture arbitrator shall be appointed within fifteen (15) days after the Outside Agreement Date. Sublandlord and Subtenant may consult with substitute furniture their selected arbitrators prior to appointment and may select an arbitrator who is favorable to their respective positions (including an arbitrator who has previously represented Sublandlord and/or Subtenant, as applicable). The arbitrators so selected by Sublandlord and Subtenant shall be deemed "Advocate Arbitrators." (b) Within ten (10) days of equivalent qualitythe date of the appointment of the last Advocate Arbitrator, the two Advocate Arbitrators shall agree upon and appoint a third arbitrator ("Neutral Arbitrator") who shall be qualified under the same criteria set forth hereinabove for qualification of the two Advocate Arbitrators except that neither the Sublandlord or Subtenant or either parties Advocate Arbitrator may, directly or indirectly, consult with the Neutral Arbitrator prior or subsequent to his or her appearance. (c) The three arbitrators shall within thirty (30) days of the appointment of the Neutral Arbitrator reach a decision as to fair market value of the Existing Furniture and simultaneously publish a ruling ("Award") indicating the fair market value of same. (d) The Award issued by the majority of the three arbitrators shall be binding upon Sublandlord and Subtenant. (e) The cost of arbitration shall be paid by Sublandlord and Subtenant equally. If the Existing Furniture is sold to Subtenant, Subtenant hereby agrees to reimburse Sublandlord upon demand for any and all taxes payable or imposed upon Sublandlord in connection with the sale thereof to Subtenant, including sales and use taxes, if any.

Appears in 1 contract

Samples: Sublease Agreement (Planetout Inc)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture (cased goods, workstations, break room furniture, and fixtures) that is currently cabling located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Such Furniture shall be delivered in good “as-is” condition. Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a listing joint walk-through of which is attached hereto and incorporated herein as Exhibit F, the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. Subtenant shall use the Furniture only for the Term purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of this Subleasethe Furniture, at Subtenant’s sole cost and expense. Sublandlord No item of Furniture shall remove be removed from the Subleased Premises without Sublandlord’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 Subleased Premises to catalog any items of damage, disrepair, misuse or loss among the Furniture (reasonable wear and tear, casualty and condemnation excepted), and Subtenant shall be responsible, at Subtenant’s sole cost and expense, for curing any such items (including, with respect to loss, replacing any lost item with a substantially similar item reasonably acceptable to Sublandlord). Subtenant shall not modify, reconfigure or relocate any furniture except with the advance written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) and any maintenance of the same shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld in Sublandlord’s good faith discretion, based upon Sublandlord’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). Notwithstanding the foregoing, Sublandlord will remove any Furniture from Training Room B the Subleased Premises requested by Subtenant prior to the Commencement Date all debris and personal property or, at Subtenant’s request, prior to a mutually agreed upon date, provided that Subtenant delivers to Sublandlord notice specifying the items to be removed at least ten (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights 10) business days prior to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date or mutually agreed upon date; provided that in no event will Sublandlord be required to expend in excess of this Sublease$10,000.00 to perform such removal work. Following such removal, Subtenant shall any such items so removed will no longer be permitted deemed to acquire be included with the Subleased Premises definition of “Furniture” and, at Landlord’s option, the parties will jointly execute a revised Exhibit C reflecting the revised Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityInventory.

Appears in 1 contract

Samples: Sublease (NeurogesX Inc)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from in the Subleased Premises and from Training Room B prior described in more particular detail in Exhibit E attached hereto, including without limitation the AllSteel systems furniture, other than the furniture noted in EXHIBIT E as either being "rented" furniture or "furniture that Google will take" (the "Furniture"). Subtenant will be free to remove or dispose of (i) any Furniture designated in Exhibit E as having "Google" ownership, except for the Excepted Items, defined below and (ii) any Furniture designated as having "Primedia" ownership, provided that Master Sublandlord's consent to such disposal is procured (Sublandlord will use reasonable efforts to assist Subtenant in procuring Master Sublandlord's approval to any such disposal). As used herein, the Excepted Items shall mean the conference room tables located in the following conference rooms within the Subleased Premises: (i) Eighteenth Floor: Radio City and City Center; (ii) Nineteenth Floor: Metropolitan, Natural History and TV & Radio; (iii) Twentieth Floor: Nobu and Gotham. With respect to the Commencement Date all debris and personal property (including Excepted Items, Subtenant shall either retain the video equipmentExcepted Items in their respective conference rooms or may store the Excepted Items at a facility reasonably acceptable to Sublandlord, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. but shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner dispose of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furnituresame. On At the Commencement Date expiration or sooner termination of this Sublease, Subtenant shall be permitted to acquire return the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants Excepted Items to Sublandlord a security interest in the same condition and location in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Subleaseas when received, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal reasonable wear and tear and damage by casualtyexcepted. Subtenant agrees that during shall accept the term Furniture in its current condition without any warranty of the Sublease, fitness from Sublandlord. Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in cause any Furniture which Subtenant uses (including all Excepted Items) to be insured under Subtenant's policy of property insurance and will provide Sublandlord with evidence reasonably satisfactory to Sublandlord of Subtenant's compliance with the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture provisions of equivalent qualitythis sentence.

Appears in 1 contract

Samples: Sub Sublease (Aquantive Inc)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner In consideration of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date obligations of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted grants a license to reacquire Subtenant to use the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price furniture and furnishings located within the Sublease Space as of One Dollar the Commencement Date ($1.00the “Furniture”). Subtenant agrees to keep accept the Subleased Premises Furniture on the Commencement Date “as is, where is, with all faults”, and without representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose, all of which are hereby expressly disclaimed by Sublandlord and waived by Subtenant. Sublandlord acknowledges that Subtenant has the right to remove Furniture from the Sublease Space during the initial month of the Sublease Term. During the Sublease Term, Subtenant shall (x) insure the remaining Furniture against loss or damage by fire or other casualty (and all of the provisions of this Sublease applicable to insurance required to be carried by Subtenant shall be applicable thereto) and (y) maintain the Furniture in at least as good a condition during the term of the Subleaseand working order as when delivered to Subtenant, subject to normal reasonable wear and tear and damage by fire or other casualty. Upon request by Sublandlord, Subtenant agrees shall deliver to Sublandlord within 5 days of such request, evidence that Subtenant is maintaining the insurance coverage with regard to the Furniture as required under this Section 22. Notwithstanding anything herein to the contrary, the Furniture is and shall remain the sole and exclusive property of Sublandlord during the term initial year of the Sublease Term. As of June 1, 2017, Sublandlord shall be deemed to have transferred, conveyed, and delivered to Subtenant all of the Furniture in its “as is, where is condition, with all faults”, and without any representation or warranty of any kind, nature or description relative to the same, including representations concerning merchantability, fitness or fitness for a particular purpose. Notwithstanding the foregoing, if before such transfer date Subtenant desires to remove certain Furniture (“Removal Furniture”), then after reasonable prior notice to Sublandlord regarding such Removal Furniture and as long as Subtenant is not in default of this Sublease, Subtenant Sublandlord will transfer ownership of such Removal Furniture to Subtenant, provided that until June 1, 2017, Sublandlord will not transfer ownership to Subtenant of more than twenty-five percent (25%) of the Furniture. Upon such transfer, Subtenant may, at Subtenant’s sole cost and expense, discard, sell or otherwise dispose ofof such Removal Furniture. In any event, conveySubtenant shall remove the Furniture at the end of the Sublease Term. Upon request by Subtenant, pledgeSublandlord agrees to deliver a xxxx of sale to Subtenant upon the transfer date. Sublandlord and Subtenant hereby agree that little or no value will be attributable to the Furniture at the time of the Furniture transfer and that no part of the Base Rent payable by Subtenant hereunder will be attributable to the transfer of the Furniture by Sublandlord to Subtenant. Notwithstanding anything in this Sublease to the contrary, assignSublandlord shall have no liability to Subtenant on account of any malfunction, stoppage, breakage or grant a security interest in failure of any of the Subleased Premises Furniture to perform for their intended use or for the inability of Subtenant to use any of said Furniture, unless and Subtenant shall replace hereby releases Sublandlord from any liability to Subtenant for any loss or damage incurred by Subtenant arising out of any such furniture with substitute furniture malfunction, stoppage, breakage, failure or the inability of equivalent qualityuse.

Appears in 1 contract

Samples: Sublease (Everbridge, Inc.)

Furniture. (a) Sublandlord agrees to lease to Subtenant, and Subtenant shall be permitted agrees to use without charge lease from Sublandlord, the existing furniture (cased goodscubicles, workstationsfurniture, break room furnitureand training room furniture (if any), audio-visual equipment (if any), cable wiring, and fixturesphone wiring located in the Sublease Premises as of April 15, 2005 (collectively, the “Furniture”) that for the duration of the Sublease Term at no additional Rent hereunder. The Furniture is currently located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this SubleaseSublease Premises. Sublandlord and Subtenant shall remove from work together to create a list of the Subleased Premises and from Training Room B Furniture prior to the Sublease Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.)Date, and shall attach such video equipmentlist to this Sublease as Exhibit E hereto. Notwithstanding the foregoing, monitors, projectors, etc. Subtenant shall not constitute Subleased Premises Furniture, and have the right to utilize Sublandlord’s phone system or phones. Subtenant shall install its own phone switch and incoming data lines from the telephone utility company at Subtenant’s sole cost and expense. (b) Subtenant may not remove the Furniture from the Sublease Premises, except as may be necessary for routine maintenance or repair. The Furniture shall be deemed to have no rights to use such video equipment, monitors, projectors, etcbeen accepted by Subtenant for all purposes under this Sublease upon Subtenant’s occupancy of the Sublease Premises. Sublandlord represents to Subtenant that Sublandlord owns the Furniture free of all claims of third parties thereto. No right, title or interest in the Furniture shall pass to Subtenant other than the right to maintain possession and warrants that it is the fee simple owner use of the Subleased Furniture for the Sublease Term. Subtenant shall give and record such notices and take such other commercially reasonable action at its own expense as may be necessary to prevent any third party from acquiring or having the right under any circumstances to acquire any interest in the Furniture which arises due to Subtenant’s actions. Subtenant accepts the Furniture in its “AS IS” condition, and Sublandlord hereby disclaims any and all warranties with respect to the Furniture, including without limitation the warranty of merchantability and fitness for a specific use. Subtenant hereby assumes all risk of loss, damage or destruction (beyond normal wear and tear) to the Furniture from the date of commencement of Subtenant’s occupancy of the Sublease Premises until the Furniture has been returned to, and that it has full rights accepted by, Sublandlord upon the expiration or earlier termination of the Sublease Term. If during the Sublease Term any item of Furniture shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason (beyond normal wear and authority tear), or in the event of any condemnation, confiscation, theft or seizure or requisition of title to sell such Subleased Premises Furniture. On or use of the Commencement Date of this SubleaseFurniture not caused by Sublandlord, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants immediately pay to Sublandlord a security interest in an amount equal to the Subleased Premises Furniture to secure Subtenant’s payment value of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then such item at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityloss.

Appears in 1 contract

Samples: Sublease Agreement (Niku Corp)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture (cased goods, workstations, break room furniture, and fixtures) that is currently cabling located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit F attached hereto (the “Furniture”). At Subtenant’s election, to be set forth in a listing of which is attached hereto and incorporated herein as Exhibit Fwritten notice delivered to Sublandlord at least thirty (30) days prior to the Commencement Date, for the Term of this Sublease. Sublandlord shall will remove from the Subleased Premises any Furniture to the extent that Subtenant does not desire such Furniture to remain in the Subleased Premises and provided that in no event will Sublandlord be required to expend in excess of $10,000.00 to perform such removal work; from Training Room B and after any such removal, the items removed will no longer be deemed a part of the Furniture and the parties shall prepare a revised Exhibit F reflecting the revised Furniture inventory. Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date all debris Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. Subtenant shall use the Furniture only for the purposes for which such Furniture is intended and personal property (including shall be responsible for the video equipmentproper maintenance, monitorscare and repair of the Furniture, projectors, etc.)at Subtenant’s sole cost and expense, and such video equipment, monitors, projectors, etcusing maintenance contractors specified by Sublandlord. No item of Furniture shall not constitute be removed from the Subleased Premises Furniturewithout Sublandlord’s prior written consent, which will not be unreasonably withheld. On or about the date of expiration of the Term, the parties shall once again conduct a walk-through of the Subleased Premises to catalog any items of damage, disrepair, misuse or loss among the Furniture (reasonable wear and tear excepted), and Subtenant shall have no rights to use such video equipmentbe responsible, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure at Subtenant’s payment of Rent sole cost and performance of its obligations under this Subleaseexpense, and in the event Subtenant shall default under this Sublease beyond for curing any applicable notice and cure periodsuch items (including, and this Sublease or Subtenant’s right with respect to possession of the Subleased Premises shall be terminated prior loss, replacing any lost item with a substantially similar item reasonably acceptable to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00Sublandlord). Subtenant agrees to keep shall not modify, reconfigure or relocate any furniture except with the Subleased Premises advance written permission of Sublandlord, and any work of modifying any Furniture in good condition during (including, without limitation, changing the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose configuration of, convey“breaking down” or reassembly of cubicles or other modular furniture) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld in Sublandlord’s good faith discretion, pledgebased upon Sublandlord’s assessment of factors which include, assignwithout limitation, or grant a security interest in any of whether the Subleased Premises Furniture, unless Subtenant shall replace performance by such vendor will void applicable warranties for such furniture with substitute furniture and whether such vendor is sufficiently experienced in the design of equivalent qualitysuch furniture).

Appears in 1 contract

Samples: Sublease (Glu Mobile Inc)

Furniture. Subtenant shall be permitted to use without charge Upon the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Additional Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including through the video equipmentAdditional Premises Expiration Date, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights the right to use such video to use certain personal property, equipment, monitorsand business and trade fixtures described in Exhibit C attached hereto or then located within the Additional Premises (the "19th Floor Furniture"), projectorsfor its intended purposes, etc. Sublandlord represents and warrants at no additional cost or expense to Subtenant, provided that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar insure, maintain ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear excepted), and damage by casualtyreplace 19th Floor Furniture if damaged. Subtenant agrees shall return 19th Floor Furniture to Sublandlord upon the Additional Premises Expiration Date in the same condition as exists on the Additional Premises Commencement Date (normal wear and tear excepted), it being agreed that during Subtenant shall not be required to remove (or to pay the term cost of removing the 19th Floor Furniture from the Additional Premises. Notwithstanding the foregoing, at any time through the Additional Premises Expiration Date, Subtenant shall have the option to purchase such 19th Floor Furniture, and if Subtenant exercises such option to purchase, Sublandlord shall sell to Subtenant, such 19th Floor Furniture in consideration of the Subleasesum of Ten Dollars ($10.00). If Subtenant purchases the 19th Floor Furniture, the 19th Floor Furniture shall be sold to Subtenant will not dispose ofin its "as is, conveywhere is, pledgewith all faults, assignif any" condition without any warranties, express or implied regarding their physical condition, capacity, quality, value, workmanship, operating capability or performance, compliance with applicable laws, or grant their fitness or suitability for Subtenant's purposes (but with a security interest in any warranty by Sublandlord that as of the Subleased Premises date of such sale, Sublandlord has good title to and the right and authority to so sell the 19th Floor Furniture, unless ). If Subtenant shall replace such furniture so request, Sublandord shall execute and deliver a xxxx of sale with substitute furniture respect to the 19th Floor Furniture. If there is an Event of equivalent qualityDefault after Subtenant purchases the 00xx Xxxxx Xxxxxxxxx, Xxxxxxxxxxx shall have the right to purchase any 19th Floor Furniture then in the Additional Premises from Subtenant for the sum of Ten Dollars ($10.00).

Appears in 1 contract

Samples: Sublease Agreement (Federal Home Loan Bank of Chicago)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixturesa) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing As of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including during the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date Term of this Sublease, Subtenant shall be permitted entitled to acquire use, at no additional charge, the Subleased Premises office furniture existing in the 3rd Floor Space as of the date of the Xxxxxx Skyway IV Letter of Intent between Sublandlord and Subtenant (including decorations, art work, etc. but excluding Vignette branded items, telephones, computer equipment, Vignette employees personal items and Xxxxxx Xxxxxx Aeron chairs (provided that such chairs will be replaced by other Xxxxxx Xxxxxx desk chairs)) in their “as-is” condition (the “Furniture”). The Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest shall remain in the Subleased Premises Furniture during the Term of this Sublease and shall not be removed for any reason whatsoever without the prior written consent of Sublandlord, provided that Sublandlord shall not unreasonably withhold such consent but may condition such consent upon Subtenant taking reasonable measures to secure Subtenant’s payment of Rent protect and performance preserve the Furniture. Sublandlord may enter the Subleased Premises at any time to inspect and inventory the Furniture, and determine whether Subtenant has performed all of its obligations under with respect thereto. Sublandlord and Subtenant agree that neither shall place, or allow to be placed on the Furniture any lien or other encumbrance. (b) Subtenant shall maintain, at its own expense, the Furniture in good and working condition, ordinary wear and tear excepted. Subtenant shall assume all risk of loss while the Furniture is in the care, custody and control of Subtenant. Subtenant shall obtain insurance covering the Furniture in an amount not less than $100,000. Subtenant will immediately advise Sublandlord of any material damage to or loss of the Furniture. If the Furniture is lost, injured, damaged or shows wear and tear other than ordinary wear and tear during the Term of this Sublease, then, at Sublandlord’s option, Subtenant, at its sole cost and in expense, shall either (i) be responsible for the event replacement of any items that are lost, damaged or show wear and tear other than ordinary wear and tear, or (ii) pay to Sublandlord within 10 days after written demand, the fair market value of the item. If Sublandlord has elected option (i) above, and Subtenant fails to replace the items that are lost, damaged or show wear and tear other than ordinary wear and tear, then Sublandlord may, but is under no obligation to, replace the same at Subtenant’s expense. All expenses payable hereunder will be collectible as Additional Rent paid by Subtenant within 10 days after delivery of a statement for such expense. (c) Sublandlord makes no warranty or representation, expressed or implied, of any kind regarding the Furniture, including but not limited to, warranties of merchantability and fitness for particular purposes, warranties as to the material, workmanship, installation, completeness, size, design, capacity or condition and compliance with any law, rule, specification or contract. Subtenant assumes any and all risks of imperfections or defects, latent or patent, and Subtenant is not relying upon any representation of any kind or nature made by Sublandlord or Sublandlord’s agents. Sublandlord shall not be liable to Subtenant or to Subtenant’s employees, agents, visitors, customers, cosignees or invitees or to any other person or entity, whomsoever, for any injury to person or damage to or loss of property arising from the use of the Furniture. (d) Subject to the requirements set forth herein, Subtenant shall have the right to purchase all, but not less than all, of the Furniture at the end of the Term of this Sublease. Subtenant must exercise its option to purchase the Furniture, if at all, by giving Sublandlord written notice of its election (“Subtenant’s Furniture Notice”) no later than October 1, 2011. Subtenant will have no right to purchase the Furniture if Subtenant’s Furniture Notice is not timely delivered, or if Subtenant is in default under this Sublease beyond any applicable notice and cure period, and period under this Sublease or at the time Subtenant’s right to possession of Furniture Notice is delivered or on the Subleased Premises shall be terminated prior to then applicable expiration of the stated Term date of this Sublease. If Subtenant’s Furniture Notice is timely received, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted convey to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term Subtenant, upon payment of the Subleaseamount of $100,000, subject title to normal wear and tear and damage the Furniture through a Xxxx of Sale in a form reasonably agreed upon by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityparties.

Appears in 1 contract

Samples: Sublease Agreement (SolarWinds, Inc.)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit D attached hereto (cased goodsthe "Furniture"). Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, workstationsSubtenant and Sublandlord shall, break room furnitureprior to the Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furniture and shall attach such completed inventory to this Sublease as part of Exhibit D. Subtenant shall use the Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of the Furniture, at Subtenant's sole cost and expense, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing using maintenance contractors specified by Sublandlord. No item of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord Furniture shall remove be removed from the Subleased Premises and from Training Room B without Sublandlord's prior to written consent. On or about the Commencement Date all debris and personal property (including date of expiration of the video equipmentTerm, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. the parties shall not constitute once again conduct a walk-through of the Subleased Premises Furnitureto catalog any items of damage, disrepair, misuse or loss among the Furniture (reasonable wear and tear excepted), and Subtenant shall have no rights be responsible, at Subtenant's sole cost and expense, for curing any such items (including, with respect to use such video equipmentloss, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority replacing any lost item with a substantially similar like-new item reasonably acceptable to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00Sublandlord). Subtenant agrees to keep shall not modify, reconfigure or relocate the Subleased Premises Furniture in good condition during except with the term advanced written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose configuration of, convey"breaking down" or reassembly of cubicles or other modular furniture) shall be performed at Subtenant's sole cost using Sublandlord's specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld on Sublandlord's good faith discretion, pledgebased upon Sublandlord's assessment of factors which include, assignwithout limitation, or grant a security interest in any of whether the Subleased Premises Furniture, unless Subtenant shall replace performance by such vendor will void applicable warranties for such furniture with substitute furniture and whether such vendor is sufficiently experienced in the design of equivalent qualitysuch furniture).

Appears in 1 contract

Samples: Sublease Agreement (Galaxy Nutritional Foods Inc)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and The Subtenant shall have no rights access to and be granted use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest all furniture currently in the Subleased Premises Furniture to secure Subtenant’s payment of Rent during the entire term and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition renewal periods including any expansion space taken during the term of the Sublease. The furniture included in this Sublease Agreement will be as depicted in the Subleased Premises on Schedule “A” attached hereto. The Subtenant will be granted an Option to Purchase the Furniture at the Termination Date, subject provided the Subtenant is not in default under this Sublease Agreement and occupies the Subleased Premises for the entire Sublease Term, at a purchase price to be mutually negotiated within the last 90 days of the Sublease Term; failing which the Furniture will remain the sole property of the Sublandlord and the Subtenant shall return the Furniture to the Sublandlord is good working condition, repairing any damages to the Furniture, normal wear and tear and damage by casualtyexcluded. Subtenant agrees that during By way of a separate side letter, the term Sublandlord will agree to assign ownership of the Subleasefurniture contained in the Subleased Premises to the Subtenant for the duration of the Sublease Term. The assignment will revert back to the Sublandlord on the last day of the Sublease term, and the Subtenant will have the right to purchase the furniture under the terms stated above. Both parties acknowledge that the purpose of the side letter is to ensure that the Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any forfeit use of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture during the Sublease term in the event that the Sublandlord is in a position of equivalent qualitydefault under the Head Lease.

Appears in 1 contract

Samples: Sublease Agreement (Zix Corp)

Furniture. Subtenant (a) Sublessor hereby leases to Sublessee the items of personal property identified in EXHIBIT D hereto (the "Furniture"). The term of this lease of the Furniture shall commence on the Commencement Date, and shall be permitted co-terminus with this Sublease. Possession of the Furniture shall be delivered to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located Sublessee on the 11th Floor Commencement Date and shall be returned to Sublessor upon the 17th Floorexpiration or earlier termination of this Sublease. (b) Sublessee accepts the Furniture in its "as is" "where is" condition and Sublessee acknowledges that Sublessor makes no warranty as to the condition of the Furniture or its present or future suitability for Sublessee's purposes. (c) The Furniture shall be held at all times during the term hereof at the sole risk of Sublessee from injury, loss or destruction with the obligation of restoration or reimbursement to Sublessor. Sublessee agrees to procure and maintain throughout the conference tables currently located within Training Room B term of this Sublease insurance covering the Furniture against all risk of physical loss, theft, damage and destruction. Such insurance shall be procured in commercially reasonable amounts. Sublessee shall deliver to Sublessor copies of policies of such insurance at the Commencement Date. Such insurance shall provide for payment for loss to Sublessor (“Subleased Premises Furniture”), a listing the proceeds of which is attached hereto and incorporated herein as Exhibit F, shall be made available to Sublessee for repair or replacement of the Furniture during the Term of this Sublease). Sublandlord If Sublessee fails to procure such insurance, Sublessor shall remove from have the Subleased Premises right to procure such insurance at Sublessee's cost. Sublessee shall not take any steps or allow to be invalidated the insurance required to be maintained hereunder. (d) Upon the termination of this Lease, Sublessee shall return the Furniture to Sublessor in the same condition as when received, ordinary wear and from Training Room B prior tear excepted, conditioned on the obligations set forth in the next sentence having been accomplished. Sublessee is responsible for performing all maintenance, repair and cleaning of the Furniture, which may be necessary to maintain the Commencement Date Furniture in the condition in which it was initially provided to Sublessee. (e) The Furniture shall at all debris times be and personal remain the exclusive property (including the video equipment, monitors, projectors, etc.)of Sublessor, and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant Sublessee shall have no title therein. The Furniture or any of Sublessee's rights under this Sublease shall not be assigned or transferred by Sublessee to use such video equipmentany person, monitorsfirm or corporation without the prior written consent of Sublessor and any attempted assignment or transfer in violation hereof shall, projectorsat the option of Sublessor, etcbe void. Sublandlord represents and warrants that it is the fee simple owner Sublessee covenants that: (i) Sublessee will not assign, pledge, loan, mortgage, or part with possession of any of the Subleased Premises Furniture, or in any other manner attempt to dispose of it, or permit its use by others or suffer any liens or legal process to be incurred or levied thereon; (ii) Sublessee will not make any alterations or permit any alterations to be made on or to the Furniture without the written consent of Sublessor (or as otherwise contemplated in Exhibit B hereto); and that it has full rights (iii) Sublessee will keep and authority to sell such Subleased Premises Furniture. On maintain the Commencement Date Furniture at the Premises. (f) Sublessee shall, during the term of this Sublease, Subtenant shall pay and discharge all license fees, assessments and sales, use, property and other tax or taxes now or hereafter imposed by any state, Federal or local government upon the ownership, leasing, renting, sale, possession or use of the Furniture whether the same be permitted assessed to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); providedSublessor or Sublessee, however, that Subtenant grants to Sublandlord a security together with any penalties or interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityconnection therewith.

Appears in 1 contract

Samples: Sublease Agreement (Techwell Inc)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior Subject to the Commencement Date all debris and personal property (including the video equipmentterms herein, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights the right to use the Furniture (as such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it term is defined herein) located in the fee simple owner of the Subleased Sublease Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar in its existing AS-IS condition ($1.00); provided, however, that Subtenant grants shall not have the right to Sublandlord a security interest use the Furniture located in the Subleased Phase II Sublease Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in until the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00Phase II Commencement Date). Subtenant agrees to keep maintain the Subleased Premises Furniture in good the same order and condition during the term of the Subleaseas received, subject to normal reasonable wear and tear excepted. Upon the expiration or earlier termination of the Sublease Term, Sublandlord shall sell the Personal Property to Subtenant for $10.00. The Furniture shall be conveyed pursuant to a Xxxx of Sale in the form attached hereto as Exhibit C. The term “Furniture” shall mean the furniture listed on Schedule A attached to the Xxxx of Sale. On the expiration of the Sublease Term, provided Sublandlord executes and damage delivers the Xxxx of Sale as provided herein, Subtenant shall be responsible, at its cost, for removing the Furniture from the Sublease Premises. Notwithstanding the foregoing, if this Sublease is terminated by casualtySublandlord due to an Event of Default by Subtenant, Sublandlord may, at its option, retain the Furniture and in such event shall have no obligation to convey the Furniture to Subtenant. Sublandlord has made no representations or warranties to Subtenant agrees that with regard to the condition of the Furniture, the suitability thereof for any particular purpose and Sublandlord shall have no obligation to repair, replace or otherwise maintain the Furniture during the term of Sublease Term. Notwithstanding the Subleaseforegoing, Subtenant will not dispose of, convey, pledge, assign, Sublandlord represents that it has title to the Furniture without any liens or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityencumbrances.

Appears in 1 contract

Samples: Sublease Agreement (Tier Technologies Inc)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior Subject to the Commencement Date all debris and personal property (including the video equipmentterms herein, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights the right to use the Furniture (as such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it term is defined herein) located in the fee simple owner of the Subleased Sublease Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar in its existing AS-IS condition ($1.00); provided, however, that Subtenant grants shall not have the right to Sublandlord a security interest use the Furniture located in the Subleased Phase II Sublease Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in until the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00Phase II Commencement Date). Subtenant agrees to keep maintain the Subleased Premises Furniture in good the same order and condition during the term of the Subleaseas received, subject to normal reasonable wear and tear excepted. Upon the expiration or earlier termination of the Sublease Term, Sublandlord shall sell the Personal Property to Subtenant for $[10.00]. The Furniture shall be conveyed pursuant to a Bxxx of Sale in the form attached hereto as Exhibit C. The term “Furniture” shall mean the furniture listed on Schedule A attached to the Bxxx of Sale. On the expiration of the Sublease Term, provided Sublandlord executes and damage delivers the Bxxx of Sale as provided herein, Subtenant shall be responsible, at its cost, for removing the Furniture from the Sublease Premises. Notwithstanding the foregoing, if this Sublease is terminated by casualtySublandlord due to an Event of Default by Subtenant, Sublandlord may, at its option, retain the Furniture and in such event shall have no obligation to convey the Furniture to Subtenant. Sublandlord has made no representations or warranties to Subtenant agrees that with regard to the condition of the Furniture, the suitability thereof for any particular purpose and Sublandlord shall have no obligation to repair, replace or otherwise maintain the Furniture during the term of Sublease Term. Notwithstanding the Subleaseforegoing, Subtenant will not dispose of, convey, pledge, assign, Sublandlord represents that it has title to the Furniture without any liens or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityencumbrances.

Appears in 1 contract

Samples: Sublease Agreement

Furniture. Subtenant shall be permitted to It is understood and agreed between the parties, that the Sub-Tenant will use without charge the existing furniture (cased goodspresently in the Subleased Premises, workstations, break room furniture, and fixtures) that is currently located on with the 11th Floor and the 17th Floor, and exception of the conference tables currently located within Training Room B room chairs (which are excluded), (hereinafter referred as to the Subleased Premises Furniture”), a listing List of which is attached hereto furniture and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner photos of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furnitureare annexed hereto as Schedule “C”. On the Commencement Date of this Sublease, Subtenant The Furniture shall be permitted to acquire used by the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest Sub-Tenant and shall remain in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in at the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession end of the Subleased Premises Term. The Furniture will at all times during the Term remain the property of the Sub-Landlord. No cost or rent shall be terminated prior charged to expiration the Sub-Tenant for the use of the stated Term of this SubleaseFurniture. However, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord Sub-Tenant shall be permitted to reacquire responsible for purchasing insurance and for maintaining the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Subleaseconditions, subject to normal reasonable wear and tear tear, throughout the Term. Notwithstanding anything to the contrary in this Section 13.5, and damage by casualtyprovided Sub-Tenant shall not be in default of any obligation contained in the Sublease Agreement or the Head Lease either upon the giving of notice (as hereinafter provided) or upon the expiry date, the Sub-Tenant shall have the right to purchase the Furniture for the sum of EIGHT THOUSAND DOLLARS (S8.000.00) plus all applicable taxes (hereinafter referred to as “Furniture Purchase Amount”). Subtenant agrees that during Sub-Tenant shall give written notice to Sub-Landlord of its election to purchase the term Furniture, along with the Furniture Purchase Amount, not less than NINETY (90) days prior to the expiry date of the SubleaseSublease Agreement. Subject to Sub-Tenant delivering timely notice and not then being in default of any obligation contained in the Sublease Agreement, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of title to the Subleased Premises Furniture, unless Subtenant Furniture shall replace such furniture with substitute furniture of equivalent qualitytransfer to Sub-Tenant upon the expiry date.

Appears in 1 contract

Samples: Sublease Agreement (BioAmber Inc.)

Furniture. As of the Sublease Commencement Date and continuing throughout the Sublease Term, Subtenant shall be permitted entitled to use without charge the existing use, free of charge, of such furniture as is in the Sublease Premises as of the Sublease Commencement Date (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (Subleased Premises Furniture”). SUBTENANT HEREBY AGREES THAT IT WILL ACCEPT THE FURNITURE IN ITS “AS IS, a listing of which is attached hereto WHERE IS” CONDITION, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND FROM SUBLANDLORD, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Subtenant shall be responsible for maintaining personal property insurance and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior paying personal property taxes with respect to the Commencement Date all debris and personal property Furniture (including the video equipment, monitors, projectors, etc.if any), and for keeping such video equipmentFurniture in good existing order, monitorscondition and state of repair (ordinary wear and tear excepted), projectors, etcall at Subtenant’s sole cost and expense. shall not constitute Subleased Premises Subtenant has no right to grant or place a lien on or permit another party to have a security interest in the Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner not dispose of or remove any of the Subleased Premises Furniture and that it has full rights and authority without first obtaining Sublandlord’s prior written consent, such consent not to sell such Subleased Premises Furniturebe unreasonably withheld, conditioned or delayed. On Provided Subtenant is not in Breach at the Commencement Date expiration or earlier termination of this Sublease, Sublandlord and Subtenant have agreed that upon surrender of the Sublease Premises, Sublandlord shall transfer the Furniture to Subtenant and Subtenant shall be permitted to acquire the Subleased Premises accept such Furniture from Sublandlord for by execution of a purchase price Quit-Claim Xxxx of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest Sale in the Subleased Premises Furniture to secure Subtenant’s payment form set forth on Exhibit C, attached hereto and by this reference made a part hereof. The terms and provisions of Rent and performance of its obligations under this Sublease, and in Section 1.4 shall survive the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease expiration or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term earlier termination of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 1 contract

Samples: Office Sublease (Project Angel Parent, LLC)

Furniture. Subtenant Subject to the terms and conditions herein, the sublease of the Premises hereunder shall also include all furniture and other equipment located at the Premises as of the date hereof as set forth on the inventory attached hereto as Exhibit B (the "Furniture"), but specifically excluding therefrom those items indicated as excluded on Exhibit B. A portion of the Rent hereunder in the amount of $3,154.58 per month (or $37,854.96 annually) shall be permitted allocated to use without charge the existing furniture (cased goodslease of the Furniture hereunder, workstations, break room furniturewhich amount shall be deemed to be consideration reasonably attributable to reimburse Sublessor for Sublessor's personal property. Upon the expiration of the Sublease Term, and fixtures) that provided Sublessee has made all payments of Rent hereunder and Sublessee is currently located on not otherwise then in default hereunder, title to the 11th Floor Furniture shall pass to Sublessee, free and clear of any liens, claims or encumbrances of Sublessor. Sublessee shall accept the 17th FloorFurniture in its current "as-is" condition. Sublessee shall use the Furniture in a careful and proper manner and shall comply with all laws, ordinances, and regulations relating to the conference tables currently located within Training Room B (“Subleased Premises possession, use, or maintenance of the Furniture”). Sublessee, a listing at Sublessee's own cost and expense, shall keep the Furniture in good repair, condition, and working order. Sublessee shall ensure that the Furniture is not subjected to careless or needlessly rough usage. Sublessee, without prior written consent of which is attached hereto and incorporated herein as Exhibit FSublessor, for shall not permit the Term of this Sublease. Sublandlord shall remove Furniture to be removed from the Subleased Premises and from Training Room B Premises. If this Sublease is terminated prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner expiration of the Subleased Premises Sublease Term, Sublessee shall return the Furniture to Sublessor in good repair, ordinary wear and that it has full rights tear resulting from proper use alone excepted, in the manner as may be specified by Sublessor. Sublessee assumes all risk of loss of and authority damage to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price any cause. No loss or damage to the Furniture will impair any obligation of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations Sublessee under this Sublease, which will continue in full force and in effect. In the event Subtenant shall default under this of loss of or damage to the Furniture during the Sublease beyond any applicable notice and cure periodTerm, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this SubleaseSublessee, then at the time option of such default and termination of this Sublease or termination of Subtenant’s right of possession under this SubleaseSublessor, Sublandlord shall be permitted to reacquire (a) place the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition repair or (b) replace the Furniture with like property in good repair, which Furniture shall become subject to this Sublease. The Furniture is, and shall at all times remain, personal property, notwithstanding that any part of it may now be, or may become, in any manner attached to, or embedded in, or permanently resting on, real property, or attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, screws, or otherwise. The Furniture is, and shall at all times during the term Sublease Term remain, the sole property of the SubleaseSublessor, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the SubleaseSublessee shall have no right, Subtenant will not dispose of, convey, pledge, assigntitle, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityFurniture except as expressly set forth in this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Web Street Inc //)

Furniture. Subtenant As a material consideration for entering into this Sublease by Sublessee, Sublessee shall be permitted to have full and exclusive use without charge of the existing office furniture (cased goodsand fixtures listed in Exhibit A, workstations, break room furniture, excluding furniture and fixtures) that is currently located on the 11th Floor and the 17th Floor, and fixtures shown in the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto rooms and incorporated herein as Exhibit Foffices, for the Term duration of this Subleasethe Initial and any Renewal Term. Sublandlord Sublessee shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipmentfurniture only for its intended purpose and shall maintain such furniture in the same condition as at the Sublease Commencement Date, monitorsreasonable wear and tear excepted. At the expiration of the Initial Term or the Renewal Term, projectors, etcSublessor shall take possession of such furniture at its expense. Sublandlord represents and Sublessor warrants that it is the fee simple lawful and rightful owner of such furniture and that such furniture is not subject to the security interest of another party, is not collateral to secure any debt or obligation of Sublessor or any other party, and that Sublessor shall not use such furniture as collateral during the Initial or any Renewal Term. Sublessor shall defend, indemnify and hold harmless Sublessee for any breach of this warranty. Upon approval by Master Lessor of sublease of the Subleased Premises Furniture and that it has full rights and authority by Sublessor to sell such Subleased Premises Furniture. On Sublessee, Sublessee shall pay to Sublessor the Commencement Date amount of Twenty Five Thousand dollars ($25,000) to be used as a Security Deposit on the furniture to be used by Sublessee during the term of this Sublease, Subtenant . Said Security Deposit shall be permitted returned to acquire Sublessee upon the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire and the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term surrender of the Subleasefurniture by Sublessee. Deductions from the Security Deposit shall only occur in the event any furniture is missing, subject or in the event Sublessee has caused damage to the furniture beyond normal wear and tear tear, and damage by casualty. Subtenant agrees that during in such an event the term deduction will be limited to the then current value of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest furniture in any of the Subleased Premises Furniture, unless Subtenant shall replace question absent such furniture with substitute furniture of equivalent qualitydamage.

Appears in 1 contract

Samples: Sublease Agreement (Exe Technologies Inc)

Furniture. Sublandlord and Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room acknowledge and agree that certain furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and equipment exists in the conference tables currently located within Training Room B Sublease Premises as of the Sublease Commencement Date (collectively, the Subleased Premises Furniture”). Sublandlord and Subtenant have mutually prepared a list of all Furniture on or before the Commencement Date, a listing copy of which is attached annexed hereto and incorporated herein as Exhibit F, for the Term of this SubleaseB and made a part hereof. Sublandlord makes no representation or warranty whatsoever as to the condition of or title to the Furniture. Subtenant shall remove purchase all of the Furniture from Sublandlord, and Sublandlord shall convey the Subleased Premises and from Training Room B prior Furniture to Subtenant, on the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner through a bxxx of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord sale for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase total sale price of One Dollar ($1.00). Subtenant (i) agrees to keep accept the Subleased Premises Furniture in its “as-is” condition as of the Commencement Date, (ii) shall maintain the Furniture in good condition during and repair throughout the term Term, and (iii) shall be solely responsible for any and all costs associated with the Furniture (including, but not limited to, repair, maintenance and property taxes). During the Term, the Furniture shall remain in the Sublease Premises at all times and shall not be utilized in any location other than the Sublease Premises. Subtenant shall indemnify, defend and hold Sublandlord harmless from and against any and all losses, claims, and damages arising out of or resulting from, or in any way connected with Subtenant’s failure to comply with this Section 27, and/or the use of the Furniture by Subtenant, or any officer, agent, employee, contractor, servant, invitee or guest of Subtenant, and such obligations shall survive the expiration or earlier termination of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 1 contract

Samples: Sublease Agreement (Kempharm, Inc)

Furniture. As of the Delivery Date for each Suite and throughout the duration of the Sublease Term, Subtenant shall be permitted have the right to use without charge the existing furniture described in Schedule 4.4 attached hereto currently located in the Sublease Premises (cased goodsthe “Furniture”). For the avoidance of doubt, workstationsthe Furniture shall not include items that are not specifically listed on Schedule 4.4, break room furnitureincluding photos and art work, carpets, plants and planters, and fixtures) that is currently all furniture located in Office Nos. 418 and 420 located on the 11th Floor 4th floor of the Building. In addition, with respect to any Furniture located in the Suites leased to the Existing Subtenants and located on the 17th Floorfirst (1st) and second (2nd) floors, Sublandlord’s obligation to deliver such Furniture shall be only to the extent such Furniture remains in the premises leased to such Existing Subtenant at the time such Existing Subtenant vacates such Suite, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”)for any such Furniture that does not remain, a listing of which is attached hereto and incorporated herein as Exhibit F, such Furniture shall no longer be considered Furniture for the Term purposes of this Sublease. Subtenant acknowledges and agrees that Sublandlord shall remove from has made no representations or warranties, express, implied or otherwise, regarding the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner condition or working order of the Subleased Premises Furniture and Furniture. Subtenant confirms that it has full rights had the reasonable opportunity to inventory and authority inspect the Furniture and hereby represents that (i) it accepts the Furniture “AS IS AND WITH ALL FAULTS”, and (ii) it is satisfied that all items of Furniture listed on Schedule 4.4 attached hereto are currently located within the Sublease Premises and are hereby accepted by Subtenant, subject to sell such Subleased Premises Furniture. On and in accordance with the Commencement Date terms of this SubleaseSection 4.4. Throughout the Sublease Term, Subtenant shall be permitted obligated to acquire maintain, repair and safeguard the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this SubleaseFurniture, and in shall obtain and maintain physical damage insurance with respect to the event Subtenant shall default under this Sublease beyond any applicable notice Furniture, covering "all risks" of physical loss or damage, for the then fair market value of such previously used items, normal wear and cure period, and this Sublease or Subtenant’s right to possession of tear excepted. On the Subleased Premises shall be terminated date prior to expiration of the stated Term of this Sublease, then at Sublease Expiration Date or upon the time of such default and earlier termination of this Sublease or termination of for reasons other than Subtenant’s right of possession under this Subleasedefault, the Furniture and any interest Sublandlord shall have in it shall ipso facto be permitted deemed conveyed to reacquire Subtenant for the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price sum of One Dollar ($1.00, which amount shall be deducted from the Security Deposit (as defined in Section 4.6 below). Subtenant agrees to keep shall pay all personal property taxes assessed against the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualitySublease Term.

Appears in 1 contract

Samples: Sublease (Chinook Therapeutics, Inc.)

Furniture. The furniture listed on Exhibit B attached hereto (the “Furniture”) and made a part hereof shall remain in the Premises and shall be available for use by Subtenant during the Term. Sublandlord makes no representation, express or implied, in respect of the condition of the Furniture. Subtenant hereby accepts the Furniture in its “as is” “where is” condition. Subtenant shall maintain the Furniture in the same good order, condition, and repair, as Sublandlord is delivering the Furniture to Subtenant, reasonable wear and tear excepted. If Subtenant does not exercise the Termination Option, Sublandlord shall convey the Furniture to Subtenant for a nominal consideration by means of a xxxx of sale and Subtenant shall be permitted to use without charge responsible for removing the existing furniture (cased goodsFurniture from the Premises on or before the Expiration Date; provided, workstationshowever, break room furnitureif Subtenant exercises its Termination Option as provided in Section 3 above, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from retain ownership of the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, Furniture and Subtenant shall have no rights obligation to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is remove the fee simple owner Furniture from the Premises at the end of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises FurnitureTerm. On the Commencement Date of this Sublease, Subtenant shall be permitted have the right, at Subtenant’s sole cost and expense, to acquire move any of the Subleased Premises Furniture from Sublandlord for a purchase price the Premises, store the Furniture offsite or move within the Premises any of One Dollar ($1.00)the Furniture which is built-in or otherwise attached to the Premises; provided, however, that if Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in takes any of the Subleased Premises Furnitureforegoing actions, unless Subtenant shall replace such furniture with substitute furniture (i) shall repair any damage it has caused and (ii) be deemed to be the owner of equivalent qualitythe moved (if moved from the Premises), stored or detached or disassembled Furniture and shall be obligated to remove the same at or prior to the end of the Term.

Appears in 1 contract

Samples: Sublease Agreement (Ophthotech Corp.)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner In consideration of the Subleased Premises Furniture mutual covenants and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and provided Subtenant is not in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted hereby grants to reacquire Subtenant a license (“License”) to use and have the Subleased benefit of the workstations and other furniture and equipment currently located in the Premises Furniture from Subtenant in its then as-is condition more particularly described on Exhibit C attached hereto (“Furnishings”), for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of this Sublease and at no additional cost to Subtenant. The Furnishings are provided to Subtenant “as is” and “where is” and Sublandlord makes no representation or warranty with respect to such Furnishings, including, without limitation, fitness for a particular purpose. Subtenant shall not remove the Furnishings from the Premises and Subtenant shall maintain the Furnishings in good order and repair. Subtenant shall make the Furnishings available to Sublandlord, not later than the Expiration Date of this Sublease or the earlier termination of this Sublease. Subtenant shall deliver the Furnishings to Sublandlord in the same condition and repair as received by Subtenant, subject to normal ordinary wear and tear and damage by casualtyexcepted. Subtenant agrees that during hereby releases Sublandlord from all, and shall indemnify and hold Sublandlord harmless from and against any, losses, liabilities, claims, damages, and injuries caused by, arising out of or relating to, the use of the Furnishings by Subtenant or its employees, agents, contractors, Subtenants, officers or any other person claiming by, through or under Subtenant. If Subtenant defaults under the terms and provisions of this Sublease, Sublandlord may, at its option, terminate the License by notice to Subtenant and upon the effective date of such notice, Sublandlord may enter into the Premises, and Subtenant hereby grants access to the Premises to Sublandlord for such purpose, to repossess and remove the Furnishings from the Premises, all at Subtenant’s sole cost and expense. Notwithstanding the above, if Subtenant is required to vacate the Premises (other than due to a default by Subtenant under this Sublease) prior to the Expiration Date, or prior to the expiration of the Extension Term (as defined in paragraph 24 (a) below) if Subtenant timely and properly elects to extend the term of this Sublease in accordance with paragraph 24 below, then Subtenant shall have an option to purchase the Subleasework stations located in the Premises and listed on Exhibit C attached hereto for the purchase price of $1.00, and upon payment of such amount (and any taxes related to such sale) the work stations shall be deemed transferred to Subtenant will not dispose ofand Sublandlord agrees to confirm such transfer by execution of any xxxx of sale, conveywithout representation or recourse, pledgeas may be reasonably requested by Subtenant. Such option shall be exercised, assignif at all, or grant a security interest in any within ten (10) days of the Subleased Premises Furnituredate Subtenant is required to vacate the Premises, unless Subtenant shall replace such furniture with substitute furniture time being of equivalent qualitythe essence.

Appears in 1 contract

Samples: Sublease (Monster Worldwide Inc)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for During the Term of this Sublease, Sublessee may use (i) those items of furniture located in the Subleased Premises as of the date of this Sublease that are described in Exhibit D (the “Furniture”), and (ii) the existing cabling and telecommunications wiring (the “Existing Network Cabling”) that serves the Subleased Premises as of the date of this Sublease for the purposes for which such Existing Network Cabling was installed. Sublandlord Sublessee shall use the Existing Network Cabling in a safe manner and in accordance with applicable permits or codes, and shall not remove or modify the Existing Network Cabling or exceed reasonable usage limitations that may be imposed by Sublessor from time to time. Sublessee accepts the Furniture and the Existing Network Cabling and fixtures “as is, where is” and in their current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purpose) with respect to any of the same. Sublessor shall have no obligation of any kind to make repairs resulting from normal wear and tear office usage of the Furniture or make any improvements to the Furniture in connection with Sublessee’s customary office use of the Furniture. If the Lease Expiration Date is October 31, 2018, Sublessee shall own the Furniture and shall remove the Furniture (excluding the Existing Network Cabling) from the Subleased Premises. If this Sublease terminates prior to the Expiration Date of October 31, 2018, the Furniture shall remain in the Subleased Premises. If Sublessee installs additional network cabling and/or equipment (“Additional Network Cabling”), Sublessee shall be responsible for removing such Additional Network Cabling and restoring the Subleased Premises to its condition prior to such installation at Sublessee’s sole cost and expense unless Prime Lessor advises Sublessee that Prime Lessor desires such Additional Network Cabling to remain. Notwithstanding anything in this Sublease to the contrary, Sublessee shall have no right to use the artwork or plants presently located in the Subleased Premises and from Training Room B Sublessee acknowledges that Sublessor shall remove such artwork and plants prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etcDate.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 1 contract

Samples: Sublease (Avanir Pharmaceuticals, Inc.)

Furniture. Subtenant (a) During the Term of this Lease, Tenant shall be permitted have the right, at no cost to Tenant, to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently was previously located within Training Room B the Premises and as identified on Exhibit H hereto (collectively, the Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall remove from the Subleased Premises and from Training Room B prior subject to the Commencement Date all debris terms and personal property (including conditions contained in this Paragraph 55. Landlord shall cause the video equipmentFurniture to be installed within the Premises, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant but Landlord shall have no rights obligation for any wiring or cabling to use the Furniture, all of which shall be performed by Tenant in accordance with the terms of this Lease. (b) Tenant shall: (i) at its sole expense, repair and maintain each item of Furniture in the same condition as when received, ordinary wear and tear excepted, and in compliance with all applicable Laws and all instructions and recommendations as to the repair and maintenance of such video equipmentitem of Furniture issued at any time by the vendor and/or manufacturer thereof; (ii) maintain conspicuously on any of Furniture such labels, monitorsplates, projectorsdecals or other markings as Landlord may reasonably place thereon, etc. Sublandlord represents and warrants stating that it Landlord is the fee simple owner of the Subleased Premises Furniture same; (iii) furnish to Landlord such information concerning the condition, location, use and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession operation of the Subleased Premises Furniture as Landlord reasonably may reasonable request; (iv) make no additions, alterations, modifications or improvements to any item of Furniture without Landlord’s prior written consent, which shall not be terminated prior unreasonably withheld; (v) not, directly or indirectly, create, incur or permit to expiration of the stated Term of this Subleaseexist any lien, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Subleaseencumbrance, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, conveymortgage, pledge, assign, attachment or grant a security interest on or with respect to the Furniture ; and (vi) use the Furniture solely in the conduct of Tenant’s business and keep the Furniture within the Premises. (c) TENANT ACKNOWLEDGES THAT LANDLORD IS NOT THE MANUFACTURER OR SUPPLIER OF THE FURNITURE, NOR THE AGENT THEREOF, AND THAT LANDLORD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO ANY MATTER WHATSOEVER IN CONNECTION WITH THE FURNITURE, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY OF THE FURNITURE, ITS FITNESS FOR A PARTICULAR PURPOSE, ITS DESIGN OR CONDITION, ITS CAPACITY OR DURABILITY, OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN THE MANUFACTURE OR ASSEMBLY OF THE FURNITURE. Landlord is not responsible for any repairs or service to Furniture , defects therein or failures in the operation thereof. Landlord shall have no liability in connection with or arising out of the furnishing, performance or use of the Furniture or, in any event, any special, indirect, incidental or consequential damages of the Subleased Premises Furnitureany character, unless Subtenant shall replace such furniture with substitute furniture including, without limitation, loss of equivalent qualityuse of production facilities or equipment, loss of profits, property damage or lost production, whether suffered by Tenant or any third party.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems Inc)

Furniture. Subtenant For the Sublease Term and subject to the terms of Article 14, Sublessee shall be permitted entitled to use without charge the existing furniture currently located at the Sublease Premises, which is shown on the Final Furniture Plan attached as EXHIBIT D (cased goods, workstations, break room the "FURNITURE"). In the event that Sublessee requires additional furniture, fixtures or equipment, Sublessee shall acquire such furniture, fixtures or equipment at its sole cost and fixturesexpense. Sublessee agrees to take possession of the Furniture "AS IS", without relying on any representation or warranty by Sublessor as to the condition of the Furniture. Sublessee further acknowledges that neither Sublessor nor its agents have made any representations or warranties, express or implied, as to the suitability or fitness of the Furniture for the conduct of Sublessee's business or for any other purpose. Sublessee agrees, at its sole cost and expense, to 1) insure the Furniture (or provide Sublessor with evidence of adequate self-insurance); and, 2) maintain the Furniture in the same condition and repair, allowing for reasonable wear and tear. In the event that the Furniture is currently located on damaged during the 11th Floor and Sublease Term, Sublessor shall be under no obligation to service, maintain, repair or replace the 17th Floordamaged Furniture. Any installations, replacements, and substitutions of parts or accessories with respect to any of the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing Furniture shall be paid for by Sublessee and shall constitute accessions and shall become part of which is attached hereto the Furniture and incorporated herein as Exhibit F, for shall be the Term property of this SubleaseSublessor. Sublandlord The Furniture shall remove from remain at all times the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.)of Sublessor, and such video equipment, monitors, projectors, etcshall be used by Sublessee during the Sublease Term free of charge. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is Upon the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date expiration or earlier termination of this Sublease, Subtenant Sublessee shall be permitted return the Furniture in the same configuration, condition and repair as the Furniture was delivered to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00)Sublessee, excepting only ordinary wear and tear; provided, however, that Subtenant grants the configuration may be changed if Sublessor agrees to Sublandlord a security interest such change in writing, in Sublessor's sole discretion. The Furniture will be delivered to Sublessee in the Subleased Premises configuration shown on the Final Furniture Plan, except that if Sublessee notifies Sublessor of changes needed to secure Subtenant’s payment such configuration prior to the commencement of Rent and performance of its obligations under this SubleaseSublessee's reconfiguration by Sublessor's contractor, and in such needed changes do not increase the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time estimated cost of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Subleasereconfiguration, Sublandlord Sublessor shall endeavor to incorporate the requested changes into the Final Furniture Plan which shall then be permitted to reacquire modified/confirmed with the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent qualityCommencement Date Memorandum.

Appears in 1 contract

Samples: Lease (Pc Tel Inc)

Furniture. Subtenant shall be permitted to use without charge As of the existing furniture (cased goodsEffective Date, workstationsSection 41 of the Lease is hereby deleted in its entirety and, break room furniture, inserted in lieu thereof is the following: “Landlord and fixtures) Tenant acknowledge and agree that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for during the Term of this SubleaseLease, Landlord shall lease to Tenant, at no additional cost or expense, certain furniture systems listed in Exhibit J attached hereto and made a part hereof (“Furniture”). Sublandlord shall remove from Such leasing of the Subleased Premises Furniture to Tenant is on an “AS-IS, WITH ALL FAULTS” basis and from Training Room B subject to all of the terms of this Lease (including, without limitation, Article 10, of this Lease), without recourse, representation or warranty of any kind or nature, express or implied, including without limitation, habitability, merchantability or fitness for a particular purpose. At any time prior to the Commencement Date all debris and personal property (including the video equipmentexpiration or earlier termination of this Lease, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant Tenant shall have no rights the right to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner purchase all (but not less than all) of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.001); provided. In the event that Tenant elects to purchase the Furniture, however(a) Tenant shall notify Landlord and the parties shall execute a commercially reasonable xxxx of sale to effectuate such purchase (b) the Furniture shall be sold to Tenant on an “AS-IS, WITH ALL FAULTS” basis and without recourse, representation or warranty of any kind or nature, express or implied, including without limitation, habitability, merchantability or fitness for a particular purpose, and (c) the Furniture shall promptly be removed from the Premises by Tenant upon the expiration or earlier termination of the Lease in accordance with the terms of Article 10 of the Lease. In the event that Subtenant grants Tenant does not elect to Sublandlord a security interest purchase the Furniture, then, upon the expiration or earlier termination of the Lease, the Furniture shall be returned and surrendered to Landlord in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Subleasesame condition received, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal reasonable wear and tear and damage by Landlord or by casualty, excepted. Subtenant agrees that during the term of the SubleaseLandlord shall have no obligation to repair, Subtenant will not dispose of, convey, pledge, assign, maintain or grant a security interest in insure any of the Subleased Furniture. Tenant shall not have the right or ability to (i) remove or materially modify the Furniture (unless the Furniture has already been purchased from Landlord pursuant to the terms hereof) or (ii) assign or sublet any of the Furniture except in conjunction with this Lease and the Premises (unless the Furniture has already been purchased from Landlord pursuant to the terms hereof). Tenant shall pay any taxes and assessments attributable to the Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for A. During the Term of this the Sublease, Subtenant shall have the right to use the furniture currently existing in the Subleased Premises and outlined on Exhibit C-1 attached hereto (the “Furniture”) and the equipment currently existing in the Subleased Premises and outlined on Exhibit C-2 (the “Equipment”) throughout the Term at no additional cost or charge. Such Furniture and Equipment are provided by Sublandlord in their “AS IS” condition, with all faults and defects, and Subtenant shall use such Furniture and Equipment at Subtenant’s sole risk. No representations or warranties whatsoever as to the Furniture’s or the Equipment’s condition or fitness for a particular purpose, express or implied, are made by Sublandlord. Subtenant shall maintain and repair the Furniture and Equipment, and shall surrender the Furniture at the expiration or earlier termination of the Sublease, in the same condition as received by Subtenant, reasonable wear and tear excepted. Subtenant, at its sole cost, may elect to remove from the Subleased Premises and from Training Room B store items of Furniture and Equipment subject to Sublandlord’s prior written consent as to the Commencement Date all debris and personal property (including the video equipmentitems being removed, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. which consent shall not constitute be unreasonably withheld, conditioned or delayed. Sublandlord hereby approves of Subtenant’s removal and storage of the cubicles in the Phase II Subleased Premises. Subtenant shall return (and reassemble) any removed items of Furniture and Equipment to the Subleased Premises Furnitureat the expiration or earlier termination of the Sublease, in the same condition as received by Subtenant, reasonable wear and tear excepted. B. Subtenant at its cost (i) shall maintain “All Risk” property insurance covering the Furniture and Equipment for the full replacement cost thereof and (ii) as Subtenant’s Additional Rent hereunder, shall pay for any and all property taxes thereon. Upon notice from Sublandlord, Subtenant shall have no rights assign to use Sublandlord (or to any party designated by Sublandlord) all property insurance proceeds payable to Subtenant under Subtenant’s insurance with respect to the Furniture and Equipment; provided if the estimated cost to replace such video equipmentFurniture and Equipment exceeds the amount of insurance proceeds received by Sublandlord from Subtenant’s insurance carrier, monitors, projectors, etcthe excess cost of such replacement shall be paid by Subtenant to Sublandlord. Sublandlord hereby represents and warrants to Subtenant that it is Sublandlord has good and marketable title to the fee simple owner of the Subleased Premises Furniture and that it has full rights Equipment, free and authority to sell such Subleased Premises Furnitureclear of any liens, charges, encumbrances, security interests and adverse claims. On The Furniture and Equipment shall remain the Commencement Date personal property of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00)Sublandlord; provided, however, that Subtenant grants to Sublandlord a as security interest in for the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its all of Sublandlord’s obligations under this Sublease, Sublandlord hereby assigns, pledges and in the event grants to Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any and a lien upon the Furniture and Equipment. Subtenant shall have the right to file a financing statement describing the Furniture and Equipment with the Secretary of State of the Subleased Premises FurnitureState of Delaware. Sublandlord shall give such notices and take such other actions, unless at Sublandlord’s sole cost and expense, as may be necessary to prevent any third party from dispossessing Subtenant of its use of the Furniture and Equipment during the Term. For the purposes of such security interest and lien, this Sublease shall replace constitute a “security agreement” within the meaning of the Uniform Commercial Code as in effect in the State of California. Notwithstanding anything to the contrary herein, such furniture security interest and lien on the Furniture and Equipment shall terminate from and after the Expiration Date (whether or not Sublandlord is in default hereunder) or earlier termination of the Sublease for any reason other than the default of Sublandlord; provided, however, that if Subtenant enters into the “Direct Lease” (as defined in the Consent to Sublease attached hereto as Exhibit-F) with substitute furniture Master Landlord, such security interest and lien and Subtenant’s rights and obligations under this Paragraph 6 shall continue through the expiration or earlier termination of equivalent qualitythe Direct Lease (but in no event beyond May 16, 2010).

Appears in 1 contract

Samples: Sublease (@Road, Inc)

Furniture. Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for A. During the Term of this the Sublease, Subtenant shall have the right to use the furniture currently existing in the Subleased Premises and outlined on Exhibit C-1 attached hereto (the "Furniture") and the equipment currently existing in the Subleased Premises and outlined on Exhibit C-2 (the "Equipment") throughout the Term at no additional cost or charge. Such Furniture and Equipment are provided by Sublandlord in their "AS IS" condition, with all faults and defects, and Subtenant shall use such Furniture and Equipment at Subtenant's sole risk. No representations or warranties whatsoever as to the Furniture's or the Equipment's condition or fitness for a particular purpose, express or implied, are made by Sublandlord. Subtenant shall maintain and repair the Furniture and Equipment, and shall surrender the Furniture at the expiration or earlier termination of the Sublease, in the same condition as received by Subtenant, reasonable wear and tear excepted. Subtenant, at its sole cost, may elect to remove from the Subleased Premises and from Training Room B store items of Furniture and Equipment subject to Sublandlord's prior written consent as to the Commencement Date all debris and personal property (including the video equipmentitems being removed, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. which consent shall not constitute be unreasonably withheld, conditioned or delayed. Sublandlord hereby approves of Subtenant's removal and storage of the cubicles in the Phase II Subleased Premises. Subtenant shall return (and reassemble) any removed items of Furniture and Equipment to the Subleased Premises Furnitureat the expiration or earlier termination of the Sublease, in the same condition as received by Subtenant, reasonable wear and tear excepted. B. Subtenant at its cost (i) shall maintain "All Risk" property insurance covering the Furniture and Equipment for the full replacement cost thereof and (ii) as Subtenant's Additional Rent hereunder, shall pay for any and all property taxes thereon. Upon notice from Sublandlord, Subtenant shall have no rights assign to use Sublandlord (or to any party designated by Sublandlord) all property insurance proceeds payable to Subtenant under Subtenant's insurance with respect to the Furniture and Equipment; provided if the estimated cost to replace such video equipmentFurniture and Equipment exceeds the amount of insurance proceeds received by Sublandlord from Subtenant's insurance carrier, monitors, projectors, etcthe excess cost of such replacement shall be paid by Subtenant to Sublandlord. Sublandlord hereby represents and warrants to Subtenant that it is Sublandlord has good and marketable title to the fee simple owner of the Subleased Premises Furniture and that it has full rights Equipment, free and authority to sell such Subleased Premises Furnitureclear of any liens, charges, encumbrances, security interests and adverse claims. On The Furniture and Equipment shall remain the Commencement Date personal property of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00)Sublandlord; provided, however, that Subtenant grants to Sublandlord a as security interest in for the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its all of Sublandlord's obligations under this Sublease, Sublandlord hereby assigns, pledges and in the event grants to Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any and a lien upon the Furniture and Equipment. Subtenant shall have the right to file a financing statement describing the Furniture and Equipment with the Secretary of State of the Subleased Premises FurnitureState of Delaware. Sublandlord shall give such notices and take such other actions, unless at Sublandlord's sole cost and expense, as may be necessary to prevent any third party from dispossessing Subtenant of its use of the Furniture and Equipment during the Term. For the purposes of such security interest and lien, this Sublease shall replace constitute a "security agreement" within the meaning of the Uniform Commercial Code as in effect in the State of California. Notwithstanding anything to the contrary herein, such furniture security interest and lien on the Furniture and Equipment shall terminate from and after the Expiration Date (whether or not Sublandlord is in default hereunder) or earlier termination of the Sublease for any reason other than the default of Sublandlord; provided, however, that if Subtenant enters into the "Direct Lease" (as defined in the Consent to Sublease attached hereto as Exhibit-F) with substitute furniture Master Landlord, such security interest and lien and Subtenant's rights and obligations under this Paragraph 6 shall continue through the expiration or earlier termination of equivalent qualitythe Direct Lease (but in no event beyond May 16, 2010).

Appears in 1 contract

Samples: Sublease (Va Software Corp)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing furniture (cased goods, workstations, break room furniture, and fixtures) that is currently located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit C attached hereto, as well as all equipment and data cabling associated therewith (the “Furniture”). Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises). For purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a listing joint walk-through of which is attached hereto and incorporated herein as Exhibit F, the Subleased Premises in order to inventory items of damage or disrepair. Subtenant shall use the Furniture only for the Term purposes for which such Furniture is intended and shall be responsible for the proper maintenance, insurance, care and repair of this Subleasethe Furniture, at Subtenant’s sole cost and expense, using maintenance contractors specified by Sublandlord. Subtenant shall not modify, reconfigure or relocate any of the Furniture except with the advance written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’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). No item of Furniture shall remove be removed from the Subleased Premises without Sublandlord’s prior written consent. Prior to or promptly following the expiration or earlier termination of the Sublease, Sublandlord and from Training Room B prior to Subtenant shall conduct a joint walk-through of the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furnitureto catalog any items of damage, disrepair, misuse or loss among the Furniture (reasonable wear and tear excepted), and Subtenant shall have no rights to use such video equipmentbe responsible, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure at Subtenant’s payment of Rent sole cost and performance of its obligations under this Subleaseexpense, and in the event Subtenant shall default under this Sublease beyond for curing any applicable notice and cure periodsuch items (including, and this Sublease or Subtenant’s right with respect to possession of the Subleased Premises shall be terminated prior loss, replacing any lost item with a substantially similar new item reasonably acceptable to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00Sublandlord). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 1 contract

Samples: Sublease (Solid Biosciences Inc.)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture (cased goods, workstations, break room furniture, and fixtures) that is currently data and telephone cabling located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a listing joint walk-through of which is attached hereto and incorporated herein as Exhibit F, the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. Subtenant shall use the Furniture only for the Term purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of this Subleasethe Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. Sublandlord No item of Furniture shall remove be removed from the Subleased Premises and from Training Room B without Sublandlord’s prior to written consent. On or about the Commencement Date all debris and personal property (including date of expiration of the video equipmentTerm, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. the parties shall not constitute once again conduct a walk-through of the Subleased Premises Furnitureto catalog any items of damage, disrepair, misuse or loss among the Furniture (reasonable wear and tear excepted), and Subtenant shall have no rights be responsible, at Subtenant’s sole cost and expense, for curing any such items (including, with respect to use such video equipmentloss, monitors, projectors, etcreplacing any lost item with a substantially similar new item reasonably acceptable to Sublandlord). Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) shall be permitted performed at Subtenant's sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to acquire be granted or withheld on Sublandlord's good faith discretion, based upon Sublandlord's assessment of factors which include, without limitation, whether the Subleased Premises Furniture from performance by such vendor will void applicable warranties for such furniture and whether such vendor is sufficiently experienced in the design of such furniture). Notwithstanding the foregoing, Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest hereby approves the conceptual furniture changes in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and based on the drawings attached hereto as Exhibit E that is in accordance with the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant Improvements required in its then as-is condition for a repurchase price of One Dollar Block Plan 6 ($1.00Exhibit D). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

Appears in 1 contract

Samples: Sublease Agreement (Vitalstream Holdings Inc)

Furniture. All furniture (including modular furniture) and existing cabling and equipment located in the Premises on the Commencement Date shall remain in the Premises during the Term, and shall, effective as of the expiration of sooner termination of this Lease, become Tenant’s sole and exclusive personal property (free and clear of all liens and encumbrances) unless, at least thirty (30) days prior to such time, Subtenant delivers written notice to Sublandlord stating that it does not desire to retain any of such furniture, cabling and equipment (it being understood that Tenant may not elect to keep only certain items thereof). At Subtenant’s request, Sublandlord will deliver a commercially reasonable xxxx of sale conveying the furniture to Subtenant, in then-existing “as is, where” is condition, and without any representation or warranty of any kind (and expressly disclaiming any implied warranties of fitness or merchantability), other than that Sublandlord is the owner thereof and may lawfully convey the same to Subtenant free of all liens, equipment leases or other financing arrangements. Unless Subtenant timely so elects, all such furniture, cabling and equipment shall immediately become Trade Fixtures, as defined in Section 18, and shall be permitted subject to use the provisions of Section 18. No representations or warranties are made herein by Sublandlord (other than as to Sublandlord’s ownership and right to convey), including, without charge limitation, as to the existing furniture (cased goods, workstations, break room condition of such furniture, and fixtures) that is currently located on cabling or equipment, the 11th Floor and suitability thereof for Subtenant’s use, or any compliance of the 17th Floorsame with applicable law. As a part of Sublandlord’s Work, and the conference tables currently located within Training Room B (“Subleased Premises Furniture”), a listing of which is attached hereto and incorporated herein as Exhibit F, for the Term of this Sublease. Sublandlord shall will remove from the Subleased Premises and from Training Room B prior to the Commencement Date all debris and personal property (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner those items of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.listed on Exhibit D.

Appears in 1 contract

Samples: Sublease (Chiasma, Inc)

Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular and office furniture (cased goods, workstations, break room furniture, and fixtures) that is currently cabling located on in the 11th Floor and the 17th Floor, and the conference tables currently located within Training Room B (“Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Such Furniture shall be delivered in its current “as-is” condition. Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a listing joint walk-through of which is attached hereto and incorporated herein as Exhibit F, the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. Subtenant shall use the Furniture only for the Term purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of this Subleasethe Furniture, at Subtenant’s sole cost and expense. Sublandlord No item of Furniture shall remove be removed from the Subleased Premises without Sublandlord’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 Subleased Premises to catalog any items of damage, disrepair, misuse or loss among the Furniture (reasonable wear and tear, casualty and condemnation excepted), and Subtenant shall be responsible, at Subtenant’s sole cost and expense, for curing any such items (including, with respect to loss, replacing any lost item with a substantially similar item reasonably acceptable to Sublandlord). Subtenant shall not modify, reconfigure or relocate any furniture except with the advance written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) and any maintenance of the same shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld in Sublandlord’s good faith discretion, based upon Sublandlord’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). Notwithstanding anything to the contrary herein, Sublandlord will remove any Furniture from Training Room B the Subleased Premises requested by Subtenant prior to the Commencement Date all debris and personal property Date, provided that Subtenant delivers to Sublandlord notice specifying the items to be removed at least ten (including the video equipment, monitors, projectors, etc.), and such video equipment, monitors, projectors, etc. shall not constitute Subleased Premises Furniture, and Subtenant shall have no rights 10) business days prior to use such video equipment, monitors, projectors, etc. Sublandlord represents and warrants that it is the fee simple owner of the Subleased Premises Furniture and that it has full rights and authority to sell such Subleased Premises Furniture. On the Commencement Date Date. Following such removal, any such items so removed will no longer be deemed to be included with the definition of this Sublease, Subtenant shall be permitted to acquire the Subleased Premises Furniture from Sublandlord for a purchase price of One Dollar ($1.00); provided, however, that Subtenant grants to Sublandlord a security interest in the Subleased Premises Furniture to secure Subtenant’s payment of Rent and performance of its obligations under this Sublease, and in the event Subtenant shall default under this Sublease beyond any applicable notice and cure period, and this Sublease or Subtenant’s right to possession of the Subleased Premises shall be terminated prior to expiration of the stated Term of this Sublease, then at the time of such default and termination of this Sublease or termination of Subtenant’s right of possession under this Sublease, Sublandlord shall be permitted to reacquire the Subleased Premises Furniture from Subtenant in its then as-is condition for a repurchase price of One Dollar ($1.00). Subtenant agrees to keep the Subleased Premises Furniture in good condition during the term of the Sublease, subject to normal wear and tear and damage by casualty. Subtenant agrees that during the term of the Sublease, Subtenant will not dispose of, convey, pledge, assign, or grant a security interest in any of the Subleased Premises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.

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Samples: Sublease (Pain Therapeutics Inc)