Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (Transcend Services Inc)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted Tenant has advised Landlord that it does not desire to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept all of 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 and desires 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal remove some of the Furniture from the Subleased 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 referred to herein as the “Retained Furniture”). Landlord has agreed to do so, subject to the following terms and conditions:
a. All “cubes” and other similarly constructed furniture which is part of the Removed Furniture, shall, at the sole cost and expenses of Tenant, be disassembled by Tenant, and 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 and left there so that it can be re-used in the 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 c. above, and Tenant shall comply with all reasonable requests of Landlord, or its authorized agent, concerning such work;
e. Upon delivery of the Removed Furniture to the space identified by Landlord in Building 3, Exhibit C to the Lease shall be replaced in its entirety by Exhibit C attached hereto, and Tenant shall have no further rights or responsibilities with respect to the Removed Furniture; and
f. Tenant shall provide Landlord with evidence of the cost paid by Tenant to third parties to move the Removed Furniture as set forth above, and Landlord shall reimburse Tenant for one-half of said cost, up to a maximum of $10,000.00.
Appears in 2 contracts
Samples: Sublease Agreement (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). The Furniture consists of all of the furniture located on the first (1st) floor and the 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, but, in accordance with Section 5.2 above, Subtenant will not have the 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 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 use transfer ownership of the Furniture only to Subtenant 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 using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 a purchase price equal 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Sublandlord shall deliver a xxxx of sale to Subtenant, transferring ownership of all of the Furniture to Subtenant will effective as of the Expiration Date, and Subtenant shall be solely responsible for the timely removal of the Furniture from the Subleased PremisesPremises and, the Second Floor in accordance with the provisions of the Master Sublease.
Appears in 2 contracts
Samples: Sub Sublease (Ocz Technology Group Inc), Sub Sublease (Ocz Technology Group Inc)
Furniture. During Tenant shall have the right to use the furniture listed on Exhibit F (the “Furniture”) during the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”)additional cost except as hereinafter provided. Subtenant shall accept Tenant agrees that the Furniture is in its current “as is” condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges and in good order and satisfactory condition, and that there are no warranty is made representations or warranties by Sublandlord with respect to Landlord regarding the suitability for Tenant's use, the condition of or 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 other matter relating 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, care and repair of the FurnitureTenant, at Subtenant’s its sole cost and expense, shall maintain the Furniture in good condition and using maintenance contractors specified repair during the Term (reasonable wear and tear excepted) and in accordance with the conditions and requirements described in any warranties issued by Sublandlordthe manufacturer of the Furniture and delivered to Tenant. No item In the event of any damage to the Furniture, Tenant shall provide written notice to Landlord of such damage and Tenant shall make any and all repairs that are necessary at Tenant's sole cost and expense. If Tenant fails to make any repairs to the Furniture for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to eight percent (8%) of the cost of the repairs. At all times during the Term, Tenant shall cause the Furniture to be insured pursuant to the provisions of this Lease. Tenant agrees that notwithstanding anything to the contrary contained in this Lease, the Furniture is owned by Landlord and, upon the expiration or earlier termination of this Lease, all Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 returned 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 Landlord in the design same condition as of such furniture). On or about the date of expiration of this SubleaseLease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesreasonable wear and tear excepted.
Appears in 2 contracts
Samples: Office Space Lease Agreement, Office Space Lease Agreement (Extreme Networks Inc)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted have the right to use the existing modular Furniture during the term, and office furniture and cabling located shall return the Furniture to Sublandlord upon expiration or earlier termination of this Sublease in the Subleased Premises same condition as when delivered, ordinary wear and described in more particular detail in Exhibit C attached hereto (the “Furniture”)tear excepted. Subtenant shall accept the remove all of its personal property which is not 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 Delivery Date. At Sublandlord’s option, 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, care and repair of the FurnitureSubtenant, at Subtenant’s its sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will either be responsible for the timely removal replacement of any items that are lost, damaged or show wear and tear other than ordinary wear and tear, or Subtenant shall pay to Sublandlord within 10 days after written demand, (i) 100% of the cost of the item as set forth on Exhibit D attached hereto if the termination of the Lease or a default beyond applicable notice and cure periods occurs in the first twelve months of the Sublease Term, (ii) 66% of the cost of the item as set forth on Exhibit D if the termination of the Lease or a default beyond applicable notice and cure periods occurs in the second twelve months of the Sublease Term, or (iii) 33% of the cost of the item as set forth on Exhibit D if the termination of the Lease or a default beyond applicable notice and cure periods occurs after the 24th month of the Sublease Term. The Furniture shall at all times remain in the Subleased Premises, and Subtenant shall not at any time move the Furniture to any of its other space in the Building. 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 with respect thereto. Sublandlord makes no representations or warranties to Subtenant regarding the condition or fitness of the Furniture for Subtenant’s intended use. Subtenant shall indemnify, defend, and hold Sublandlord harmless from any and all injury, cost, loss, liability and expense, including without limitation, reasonable attorneys fees, arising out of or in connection with Subtenant’s use of the Subleased PremisesFurniture.
Appears in 2 contracts
Samples: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)
Furniture. During Promptly following the TermCommencement Date, Sublessor shall, at no charge to SubtenantSublessor’s cost, Subtenant shall be permitted to use order the existing modular and office following furniture and cabling located cause the same to be installed in the Subleased Premises and described in more particular detail in Exhibit C attached hereto Premises: 36 workstations (the “Furniture”). Subtenant The Furniture shall accept be consistent with the furniture procured by Sublessor in the remainder of the Premises. Sublessee shall pay to Sublessor as Additional Rent within thirty (30) days of invoice fifty (50%) of the cost incurred by Sublessor to purchase and install the Furniture including the cost to add electric feeds to the workstations (which electrical costs Sublessor understands to be $5,000-$10,000). Sublessee shall have the right to use during the Term following installation thereof, the Furniture at no additional cost. The Furniture is provided in its current condition “AS IS, WHERE IS” condition, without any representation or warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the 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 Sublessee shall use maintain the Furniture only for the purposes for which such Furniture is intended in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the proper maintenance, care and repair same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the Furnituredate the Furniture is installed, at Subtenant’s sole cost reasonable wear and expense, and using maintenance contractors specified by Sublandlordtear excepted. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant Sublessee shall not modify, reconfigure or relocate remove 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Furniture. During the Sublease Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling kitchen/pantry equipment located in the Subleased Premises and described in more particular detail in Exhibit C F attached hereto hereto, as well as all equipment and data cabling associated therewith (the “Furniture”), however, with respect to the Furniture depicted in Exhibit F attached hereto which is 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 that a third party subtenant will be occupying the Expansion Space prior to Sublandlord’s occupancy of the Expansion Space (assuming Sublandlord exercises the Expansion Option), and that Sublandlord’s obligation to deliver such Furniture 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 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 . Sublandlord represents and warrants that it has clean title to the 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 in the Furnituredisrepair. 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, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture of the Furniture except with the advanced advance written permission of SublandlordSublandlord (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 Furniture and whether such vendor is sufficiently experienced in the design of such furnitureFurniture). On No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent; which consent may be conditioned upon Subtenant using Sublandlord’s preferred contractor for the 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 about the date of expiration termination of this Sublease, Subtenant all at Subtenant’s sole cost and expense, to be paid as additional Rent hereunder; provided, however, that 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 case of storage facilities, security features, and, further, provided that in Sublandlord’s good faith determination the use of an alternate contractor/facility will purchase not void any warranties with respect to the Furniture from in question, Subtenant may use other contractors and storage facilities reasonably approved in writing by Sublandlord. Prior to or promptly following the expiration or earlier termination of this Sublease, Sublandlord in its then “asshall conduct a walk-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal through of the Subleased Premises to catalog any items of damage, disrepair, misuse or loss among the Furniture from the Subleased Premises(reasonable wear and tear and damage due to casualty 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).
Appears in 2 contracts
Samples: Sublease (Nerdwallet, Inc.), Sublease (Nerdwallet, Inc.)
Furniture. During The Original Lease is hereby amended by inserting the Termfollowing as a new Section 16.18: “Landlord’s Furniture. Landlord hereby leases to Tenant without separate charge, at no charge to Subtenantand Tenant hereby hires from Landlord, Subtenant shall be permitted to use the existing modular and office furniture and cabling personal property currently located in within the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “FurnitureIncluded Personal Property”). Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that Landlord makes no warranty is made by Sublandlord with respect 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 result of any cabling currently located injury, damage or other liability suffered in or serving connection with the Subleased Premises); for purposes of documenting Included Personal Property. Tenant shall (i) accept the current Included Personal Property in its “as is” condition as of the Furnituredate hereof, Subtenant as the same may be affected by reasonable wear and Sublandlord shalltear after the date hereof, prior to (ii) insure the Commencement Date, conduct a joint walk-through Included Personal Property against loss or damage by fire or other casualty (and all of the Subleased Premises in order provisions of this Lease applicable to inventory items of damage or disrepair insurance required to be carried by Tenant shall be applicable thereto), and (iii) surrender the Included Personal Property to Landlord in the FurniturePremises upon the expiration or sooner termination of this Lease in the same condition as of the date hereof, as the same may be affected by reasonable wear and tear. Subtenant If Tenant desires to remove any or all of the Included Personal Property from the Premises, it shall use notify Landlord of its intention with a specific list of the Furniture only for specified property. Landlord shall either inform Tenant that (i) Tenant shall dispose the purposes for applicable Included Personal Property, in which such Furniture is intended event the removal and disposal of the applicable Included Personal Property shall be responsible for the proper maintenance, care and repair of the Furniture, at SubtenantTenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture or (ii) Tenant shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modifymove, 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 its sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing and expense, the applicable Included Personal Property to a location at the Project designated by Sublandlord (such approval to be granted or withheld on Sublandlord’s good faith discretionLandlord. In the latter event, based upon Sublandlord’s assessment the cost and expense 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant storage will be responsible for borne by Landlord. Tenant shall have no obligation to replace or restore any such Included Personal Property so removed upon the timely removal of the Furniture from the Subleased PremisesExpiration Date.”
Appears in 2 contracts
Samples: Lease Agreement (Avago Technologies Finance Pte. Ltd.), Lease Agreement (Avago Technologies LTD)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular Sub-Sublandlord represents and office warrants that all furniture and cabling located in the Subleased Premises equipment listed and described in more particular detail in Exhibit C Schedule “B” attached hereto is within 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 there are no service contracts affecting the Existing Furniture. The parties acknowledge and agree that, upon the 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 accept be free to maintain and/or dispose the Existing Furniture as Sub-Subtenant so elects in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord sole discretion but subject to the terms hereof. The foregoing conveyance 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 Existing Furniture shall be self-executing and Sublandlord shall, prior to the Commencement Date, conduct a joint walk-through of the Subleased Premises no additional documentation shall be required in order to inventory items evidence the aforementioned assignment and conveyance of damage the Existing Furniture to Sub-Subtenant. Sub-Sublandlord makes no representation or disrepair in warranty as to the Furniturecondition, fitness or suitability of such Existing Furniture for Sub-Subtenant’s purposes. Sub-Subtenant may, as it deems appropriate or necessary, reconfigure the Existing Furniture to combine with any of Sub-Subtenant’s furniture and equipment. Sub-Sublandlord shall use the Furniture only have no obligation for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair or replacement of the any such Existing Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.
Appears in 2 contracts
Samples: Sub Sublease Agreement, Sub Sublease Agreement (Clementia Pharmaceuticals Inc.)
Furniture. During the Additional Subleased Premises Term, at no charge to Subtenant, Subtenant shall be permitted to use without charge the existing modular furniture (cased goods, workstations, break room furniture, and office furniture and cabling fixtures) that is located in within the Additional Subleased Premises and described in more particular detail in Exhibit C attached hereto (collectively, the “Additional Subleased Premises Furniture”), a listing of which is attached hereto as Exhibit C. Sublandlord shall remove from the Additional Subleased Premises all 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 accept have no right to use such Sublandlord Video Equipment and other personal property of Sublandlord. Sublandlord represents and warrants that Sublandlord is 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 owner of the Additional Subleased Premises Furniture and that Sublandlord has full right, power and authority to sell such Additional Subleased Premises Furniture, Subtenant and Sublandlord shall, prior to . On the Additional Subleased Premises Commencement Date, conduct Subtenant shall be permitted to acquire the Additional Subleased Premises Furniture from Sublandlord for a joint walk-through 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 Subtenant’s obligations under the Sublease, and in the event Subtenant shall default under the Sublease beyond any applicable notice and cure period, and 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 Additional Subleased Premises Term, then at the time of such default and termination of the Sublease or termination of Subtenant’s right of possession under the Sublease, Sublandlord shall be permitted to reacquire the Additional Subleased Premises Furniture from Subtenant in order to inventory items its then as-is condition for a repurchase price of damage or disrepair in the FurnitureOne Dollar ($1.00). Subtenant shall use agrees to keep the Additional Subleased Premises Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care in good condition and repair of during the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Additional Subleased Premises without Sublandlord’s prior written consentTerm, subject to normal wear and tear and damage by casualty. Subtenant shall not modify, reconfigure or relocate any furniture except with agrees that during 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). On or about the date of expiration of this SubleaseAdditional Subleased Premises Term, Subtenant will purchase the Furniture from Sublandlord not dispose of, convey, pledge, assign, or grant a security interest in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal any of the Furniture from the Additional Subleased PremisesPremises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.
Appears in 2 contracts
Samples: Sublease, Sublease (Appian Corp)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the remaining existing modular and office furniture and cabling located in the 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 PremisesPremises or with respect to the fitness of such cabling for Subtenant’s intend use thereof); for . For purposes of documenting the current condition of the Office Furniture, Subtenant and Sublandlord shall, prior to within ten (10) days after Sublandlord’s receipt of the Commencement DateFurniture Notice, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furnituredisrepair. 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, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture of the Furniture except with the advanced advance written permission of 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 using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to cost. No item of Furniture shall 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture removed from the Subleased PremisesPremises without Sublandlord’s prior written consent.
Appears in 2 contracts
Samples: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc)
Furniture. During the TermFor no additional charge, at no charge Landlord hereby leases to Subtenant, Subtenant shall be permitted to use the existing modular Tenant and office Tenant hereby leases from Landlord those items of furniture and cabling located artwork situated in the Subleased Premises (the "FURNITURE") and described in more particular detail in Exhibit C on the inventory list attached hereto as EXHIBIT C (the “Furniture”"INVENTORY LIST"). Subtenant shall accept Landlord hereby represents to Tenant that Landlord owns the Furniture and has the right to lease the Furniture to Tenant as described herein. Landlord and Tenant acknowledge that prior to the Lease Commencement Date the parties will conduct a "walk-through" inspection of the Premises in order to confirm the completeness and accuracy of the furniture shown on the Inventory List, and to give Tenant the opportunity to confirm that the Furniture is in good condition and repair. Subject to such "walk-through" inspection, Tenant accepts the Furniture in its current condition "as-is" condition, without any representation or warranty by Landlord. LANDLORD SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FURNITURE. During the Term of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord this Lease, Tenant shall maintain and repair the Furniture as reasonably necessary, and shall insure the same along with respect its other personal property pursuant to ARTICLE 10 hereof. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Furniture to Landlord in the same condition of any cabling currently located in or serving and repair as on the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Lease Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of reasonable wear and tear and 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisescasualty excepted.
Appears in 2 contracts
Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Furniture. During Sublessor shall not be responsible for furnishing the TermSublease Premises, at no charge however, Sublessor shall grant Sublessee the right to Subtenantutilize 102 cubicles and one hundred (100) chairs on the Fifth (5th) Floor Sublease Premises, Subtenant 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 be permitted have the option to use the existing modular and office other furniture and cabling furnishings (including but not limited to benches, tables, and chairs) currently located in the Subleased Sublease Premises and described in more particular detail in Exhibit C attached hereto the Expansion Sublease Premises subject to the same terms (the “Sublessor’s Furniture”). Subtenant Sublessor’s Furniture shall accept consist initially of those cubicles that are presently disassembled within 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 building, then shall utilize the cubicles presently located on the 4th floor to achieve 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 Furnituretotal requested cubicles. Subtenant shall use the Furniture only for the purposes for which such Furniture is intended and Sublessee shall be responsible for the proper maintenance, care cost of relocation within the Building and repair installation of said Sublessor’s Furniture. No warranty or guarantee of condition of said Sublessor’s Furniture is being provided by Sublessor to Sublessee. There shall be no charge to Sublessee for the use of Sublessor’s Furniture. Sublessee shall have access to the Sublease Premises and Expansion Sublease Premises upon full execution of the Furniture, at SubtenantSublease Agreement for the purpose of installing cubicles and furniture. Sublessee’s sole cost furniture vendor will be required to provide proof of reasonably suitable insurance for the effort to both relocate and expense, install Sublessor’s furniture. All Sublessor's Furniture including the loaned cubicles and using maintenance contractors specified by Sublandlord. No item of Furniture chairs shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except identified and listed with the advanced written permission of Sublandlord, their conditions 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 quantities in writing by Sublandlord (such approval Schedule D to be granted initialed and completed together by an employee of each party within 20 business days after Premises Commencement or withheld on Sublandlord’s good faith discretionthe Early Access Period, 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premiseswhichever comes first.
Appears in 2 contracts
Samples: Sublease Agreement (Credo Technology Group Holding LTD), Sublease Agreement (Credo Technology Group Holding LTD)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted have, as appurtenant to the Subleased Premises, the use of the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto as of the Commencement Date (the “Furniture”)) during the Term. 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 Promptly after the Commencement Date, conduct Sublandlord and Subtenant shall execute a joint walk-through of furniture inventory which shall list the Subleased Premises Furniture, substantially in order 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 inventory items of damage its condition or disrepair in usability. Sublandlord shall maintain property insurance for the Furniture. Subtenant shall use acknowledges that to the extent it deems appropriate Subtenant has inspected the Furniture only for and found the purposes for which such same to be in acceptable condition. Subject to Sublandlord’s insurance obligations herein, Subtenant shall repair and maintain the Furniture is intended so that it will remain in the same condition as when delivered to Subtenant, ordinary wear and shall be responsible for tear from proper use excepted. At the proper maintenance, care and repair expiration or earlier termination of the FurnitureTerm, Subtenant shall return the Furniture to Sublandlord in the condition required hereunder. Notwithstanding the foregoing or anything to the contrary contained in this Sublease, during the Term, Subtenant shall have the right, at Subtenant’s sole cost and expensecost, and using maintenance contractors specified by Sublandlord. No item to disassemble any or all of Furniture shall be removed from the partitions located in the Subleased Premises without as of the Commencement Date, Sublandlord shall, at Sublandlord’s prior written consent. Subtenant shall not modifysole cost, reconfigure or relocate any furniture except with remove 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture same from the Subleased Premises, and such partitions shall no longer be designated as Furniture that Subtenant is required to maintain during the Term or return to Sublandlord at the expiration or earlier termination of the Term.
Appears in 2 contracts
Samples: Sublease Agreement (Decibel Therapeutics, Inc.), Sublease Agreement (Decibel Therapeutics, Inc.)
Furniture. During the TermFor no additional charge, at no charge Landlord hereby leases to Subtenant, Subtenant shall be permitted to use the existing modular Tenant and office Tenant hereby leases from Landlord those items of furniture and cabling located artwork situated in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “FurnitureFURNITURE”) and described on the inventory list attached hereto as EXHIBIT C (the “INVENTORY LIST”). Subtenant shall accept Landlord hereby represents to Tenant that Landlord owns the Furniture and has the right to lease the Furniture to Tenant as described herein. Landlord and Tenant acknowledge that prior to the Lease Commencement Date the parties will conduct a “walk-through” inspection of the Premises in order to confirm the completeness and accuracy of the furniture shown on the Inventory List, and to give Tenant the opportunity to confirm that the Furniture is in good condition and repair. Subject to such “walk-through” inspection, Tenant accepts 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for condition, without any representation or warranty by Landlord. LANDLORD SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FURNITURE. During the sum Term of $10.00. Subtenant will be responsible for the timely removal of this Lease, Tenant shall maintain and repair the Furniture from as reasonably necessary, and shall insure the Subleased Premisessame along with its other personal property pursuant to ARTICLE 10 hereof. Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Furniture to Landlord in the same condition and repair as on the Lease Commencement Date, reasonable wear and tear and damage by casualty excepted.
Appears in 2 contracts
Samples: Sublease Agreement (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Furniture. During Subtenant shall be permitted to use without charge the Termexisting furniture (cased goods, at 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 charge rights to Subtenantuse 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 use acquire the existing modular and office furniture and cabling located 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 described performance of its obligations under this Sublease, and in more particular detail in Exhibit C attached hereto (the “Furniture”). event Subtenant shall accept the Furniture in its current condition without default under this Sublease beyond any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect applicable notice and cure period, and this Sublease or Subtenant’s right 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 possession 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, care and repair terminated prior to expiration of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration stated Term of this Sublease, Subtenant will purchase 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 Sublandlord Subtenant in its then “as-is” is condition for the sum a repurchase price of One Dollar ($10.001.00). Subtenant will be responsible for agrees to keep the timely removal Subleased Premises Furniture in good condition during the term of the Furniture from 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 PremisesPremises Furniture, unless Subtenant shall replace such furniture with substitute furniture of equivalent quality.
Appears in 2 contracts
Samples: Sublease, Sublease (Appian Corp)
Furniture. During As of the Delivery Date for each Suite and throughout the duration of the Sub-Sublease Term, at no charge to Subtenant, Sub-Subtenant shall be permitted have the right to use the existing modular and office furniture and cabling described in Schedule 4.4 attached hereto currently located in the Subleased Sub-Sublease Premises and described in more particular detail in Exhibit C attached hereto (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 obligated to maintain, repair and safeguard the Furniture, and shall obtain and maintain physical damage insurance with respect to the Furniture, covering “all risks” of physical loss or damage, for the 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 Sub-Sublease has not terminated prior to the Sub-Sublease Expiration Date, then upon the termination of this Sub-Sublease, Sub-Subtenant shall purchase the Furniture for One Dollar ($1.00) and it shall become the property of Sub-Subtenant, and Sub-Subtenant shall accept the Furniture same 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“AS IS, 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of Sublandlord, and any work of modifying any Furniture (includingWHERE IS” condition, without limitation, changing the configuration of, “breaking down” representation 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premiseswarranty whatsoever.
Appears in 2 contracts
Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)
Furniture. During (a) Sublessor agrees to lease the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office wooden furniture and cabling located in the Subleased Premises and described in more particular detail in listed on Exhibit C "E" attached hereto (the “"Wood Furniture”)") to Sublessee at no additional rent or fee for the term of the Lease. Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that Sublessor makes no warranty is made by Sublandlord representations or warranties with respect to the Wood Furniture, including but not limited to, any representations or warranties as to the condition or repair of the Wood Furniture. Upon the expiration of this Sublease without any cabling currently breach or default on the part of Sublessee or on termination of this Sublease pursuant to Section 2(b), Sublessee may elect to purchase the Wood Furniture for consideration of $1.00. Upon payment of $1.00 to Sublessor, Sublessor shall transfer all right, title and interest in and to the Wood Furniture to Sublessee in AS IS condition without representation or warranty. At Sublessor's request, Sublessee shall sign a UCC Financing Statement to be filed by Lessor to record its ownership interest in the Wood Furniture.
(b) On or before March 1, 1997, Sublessor and Sublessee shall agree upon and Sublessor shall sublease to Sublessee certain metal furniture to be identified by the parties which shall be listed on Exhibit "F" to be attached hereto (the "Metal Furniture") under the terms and conditions of that certain Lease dated June 29, 1995 between Sublessor, as lessee, and The First National Bank of Chicago, as lessor, which is attached hereto as Exhibit "G" (the "Metal Furniture Lease"). Sublessor hereby consents to and Sublessee shall have a license to use the metal furniture located in the Premises from December 1, 1996 through February 28, 1997. In consideration for such license, Sublessee shall pay to Sublessor on or serving before the Subleased Premises); for purposes first day 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 each month during which Sublessor shall use the Furniture only for such metal furniture, an amount equal to (i) the purposes for which such Furniture is intended and shall be responsible for monthly rent due under the proper maintenance, care and repair terms of the Furniture, at Subtenant’s sole cost Metal Furniture Lease multiplied by (ii) a fraction the numerator of which is the square footage of the Premises during such month and expense, and using maintenance contractors specified by Sublandlordthe denominator of which is the square footage of the Master Premises. No item The provisions of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 furniturethis Section 11(b) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval null and void if The First National Bank of Chicago agrees to be granted or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’s assessment of factors which include, without limitation, whether cancel the performance by such vendor will void applicable warranties for such furniture Metal Furniture Lease and whether such vendor is sufficiently experienced in the design of such furniture). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition enter into a lease with Sublessee for the sum Metal Furniture. In that event, Sublessor shall consent to termination of $10.00. Subtenant will be responsible the Metal Furniture Lease and the execution of a lease between The First National Bank of Chicago and Sublessee for the timely removal Metal Furniture. Upon execution of the lease, Sublessor shall have no further liability or obligation with respect to the Metal Furniture from or the Subleased PremisesMetal Furniture Lease.
Appears in 1 contract
Furniture. During (a) Sublessor hereby leases to Sublessee the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located items of personal property identified in the Subleased Premises and described in more particular detail in Exhibit C attached EXHIBIT D hereto (the “"Furniture”"). Subtenant The term of this lease of the Furniture shall accept commence on the Commencement Date, and shall be co-terminus with this Sublease. Possession of the Furniture shall be delivered to Sublessee on the Commencement Date and shall be returned to Sublessor upon the expiration or earlier termination of this Sublease.
(b) Sublessee accepts the Furniture in its current "as is" "where is" condition without any warranty of fitness from Sublandlord (Subtenant expressly and Sublessee acknowledges that Sublessor makes no warranty is made by Sublandlord with respect 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 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 (the proceeds of which shall be made available to Sublessee for repair or replacement of the Furniture during the Term of this Sublease). If Sublessee fails to procure such insurance, Sublessor shall have the right to procure such insurance at Sublessee's cost. Sublessee shall not take any cabling currently located 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 or serving the Subleased Premises); same condition as when received, ordinary wear and tear excepted, conditioned on the obligations set forth in the next sentence having been accomplished. Sublessee is responsible for purposes of documenting the current condition performing all maintenance, repair and cleaning of the Furniture, Subtenant which may be necessary to maintain the Furniture in the condition in which it was initially provided to Sublessee.
(e) The Furniture shall at all times be and Sublandlord remain the exclusive property of Sublessor, and 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 any person, firm or corporation without the prior written consent of Sublessor and any attempted assignment or transfer in violation hereof shall, prior to at the Commencement Dateoption of Sublessor, conduct a joint walk-through be void. Sublessee covenants that: (i) Sublessee will not assign, pledge, loan, mortgage, or part with possession 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, care and repair any of the Furniture, at Subtenant’s sole cost and expenseor in any other manner attempt to dispose of it, and using maintenance contractors specified or permit its use by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure others or relocate suffer 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” liens 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 legal process to be granted incurred or withheld levied thereon; (ii) Sublessee will not make any alterations or permit any alterations to be made on Sublandlord’s good faith discretionor to the Furniture without the written consent of Sublessor (or as otherwise contemplated in Exhibit B hereto); and (iii) Sublessee will keep and maintain the Furniture at the Premises.
(f) Sublessee shall, based upon Sublandlord’s assessment of factors which include, without limitation, whether during 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). On or about the date of expiration term of this Sublease, Subtenant will purchase 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 Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal ownership, leasing, renting, sale, possession or use of the Furniture from whether the Subleased Premisessame be assessed to Sublessor or Sublessee, together with any penalties or interest in connection therewith.
Appears in 1 contract
Samples: Sublease Agreement (Techwell Inc)
Furniture. During the TermFor no additional charge, at no charge Landlord hereby leases to Subtenant, Subtenant shall be permitted to use the existing modular Tenant and office Tenant hereby leases from Landlord those items of furniture and cabling located situated in the Subleased Premises (the "FURNITURE") and described in more particular detail in Exhibit C on the inventory list attached hereto as EXHIBIT C (the “Furniture”"INVENTORY LIST"). Subtenant shall accept Landlord and Tenant acknowledge that Tenant is currently using said Furniture and Tenants accepts the Furniture in its current condition "as-is" condition, without any representation or warranty by Landlord. LANDLORD SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FURNITURE. During the Term of fitness from Sublandlord this Lease, Tenant shall maintain and repair the Furniture as reasonably necessary; provided, however, that Tenant shall be entitled to remove and store and/or reconfigure the Furniture (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect e.g., cubicle density and design). Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Furniture to Landlord in substantially the same condition of any cabling currently located in or serving and repair as on the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant and Sublandlord shall, prior to the Lease Commencement Date, conduct a joint walk-through of reasonable wear and tear and damage by casualty excepted; provided, however, that Tenant shall not be required to relocate the Subleased Furniture to the same location within the Premises in order (but shall relocate the Furniture to inventory items of damage the Premises if it has been stored outside the Premises) nor restore the Furniture to the configuration and design as existed on the Lease Commencement Date. Any new or disrepair replacement furniture purchased by Tenant and placed into service in the Furniture. Subtenant Premises during the Lease Term shall use remain the Furniture only for the purposes for which such Furniture is intended personal property of Tenant and shall not be responsible for surrendered to Landlord on the proper maintenance, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure expiration 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). On or about the date of expiration earlier termination of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased PremisesLease.
Appears in 1 contract
Samples: Office Lease (3com Corp)
Furniture. During As of the TermEffective Date, Section 41 of the Lease is hereby deleted in its entirety and, inserted in lieu thereof is the following: “Landlord and Tenant acknowledge and agree that during the Term of this Lease, Landlord shall lease to Tenant, at no charge to Subtenantadditional cost or expense, Subtenant shall be permitted to use the existing modular and office certain furniture and cabling located in the Subleased Premises and described in more particular detail systems listed in Exhibit C J attached hereto and made a part hereof (the “Furniture”). Subtenant shall accept Such leasing of the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty to Tenant is made by Sublandlord with respect on an “AS-IS, WITH ALL FAULTS” basis and subject to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition all of the Furniture, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a joint walk-through terms 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of Sublandlord, and any work of modifying any Furniture this Lease (including, without limitation, changing the configuration ofArticle 10, “breaking down” of this Lease), without recourse, representation or reassembly warranty of cubicles any kind or other modular furniture) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors nature, express or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld on Sublandlord’s good faith discretionimplied, based upon Sublandlord’s assessment of factors which include, including without limitation, whether habitability, merchantability or fitness for a particular purpose. At any time prior to 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). On expiration or about the date of expiration earlier termination of this SubleaseLease, Subtenant will Tenant shall have the right to purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal all (but not less than all) of the Furniture for One Dollar ($1). In the event that Tenant elects to purchase the Furniture, (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 Subleased PremisesPremises 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 Tenant does not elect to purchase the Furniture, then, upon the expiration or earlier termination of the Lease, the Furniture shall be returned and surrendered to Landlord in the same condition received, reasonable wear and tear and damage by Landlord or by casualty, excepted. Landlord shall have no obligation to repair, maintain or insure any of the 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.”
Appears in 1 contract
Samples: Lease Agreement (Synplicity Inc)
Furniture. During the Term, at no charge to Subtenant, Subtenant Sub-Sublandlord shall be permitted to use leave in place the existing modular and office furniture and cabling located in currently within the Subleased Sub-Sublease Premises and described in more particular detail in as identified on Exhibit C D attached hereto and made a part hereof for Sub-Subtenant’s use during the Sub-Sublease Term (the “Sub-Sublease Premises Furniture”). Sub-Sublandlord makes no representation or warranty regarding the condition of the Sub-Sublease Premises Furniture. Sub-Subtenant shall agrees to accept the such Sub-Sublease Premises 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will and agrees to be responsible for the timely removal any repairs to keep in its condition as of the execution of this Sub-Sublease, reasonable wear and tear excepted. Sub-Subtenant hereby waives any claims against Sub-Sublandlord or liability to Sub-Sublandlord in connection with its use of the Sub-Sublease Premises Furniture. Prior to the end of the Sub-Sublease Term, Sub-Sublandlord shall convey ownership of the Sub-Sublease Premises Furniture from to Sub-Subtenant by bxxx of sale in its “as-is” condition exclusive of all warranties except that Sub-Sublandlord is the Subleased Premisesowner of the Sub-Sublease Premises Furniture and that no liens attach thereto, provided that in the event Sub-Subtenant is then in material Default of this Sub-Sublease (beyond all applicable notice and cure periods) on or prior to the end of the Sub-Sublease Term, then Sub-Sublandlord may elect not to convey ownership of the Sub-Sublease Premises Furniture to Sub-Subtenant.
Appears in 1 contract
Furniture. During Notwithstanding anything to the Termcontrary set forth herein, at no Sublessor shall 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 of the Furnishings equal to Subtenant$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, Subtenant use, personal property or similar tax (together with any related interest and penalties) imposed upon the Furnishings or the transfer and/or use thereof by Sublessee (and the foregoing obligation shall be permitted to use expressly survive the existing modular and office furniture and cabling located in termination of this Sublease). Upon the expiration of the term, Sublessee shall remove the Furnishings from the 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 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 same shall be responsible for deemed the proper maintenanceproperty of Sublessee. If this Sublease shall expire by reason of default by Sublessee, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture Furnishings shall not be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 returned 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 Sublessor in the design Subleased Premises at the termination of the Sublease; PROVIDED THAT if such furniture). On expiration by default shall occur on or about after the 1st anniversary of the Sublease, the Sublessee may elect, within ten (10) days following the date of such expiration and at its sole discretion, to pay to Sublessor the present value of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “asabove-is” condition described payments with respect to furnishings for the sum of $10.00. Subtenant will be responsible for the timely removal then remaining period of the Furniture from Lease, whereupon the Subleased PremisesFurnishings shall be the property of Sublessee.
Appears in 1 contract
Samples: Sublease (First Marblehead Corp)
Furniture. During (a) Building Three shall be delivered to Subtenant with the TermFurniture included for Subtenant's use during the Sublease term, at in accordance with and subject to the terms and conditions of this Paragraph and all other applicable provisions of this Sublease. The "Furniture" is defined as the furniture, fixtures, equipment and other personal property described on Exhibit D attached hereto and incorporated herein by this reference. Sublandlord shall deliver the Furniture to Subtenant AS IS and Subtenant agrees that it takes possession of the Furniture without relying on any representation or warranty by Sublandlord as to the condition of the Furniture or its operability. SUBLANDLORD DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sublandlord assumes no charge responsibility for providing additional maintenance for the Furniture. Subtenant acknowledges that any change in the current installation or configuration and any maintenance of the Furniture may require an investment of time and resources to Subtenantcomplete, and such efforts shall not serve to excuse Subtenant from the performance of any of its obligations under this Sublease. Subtenant conclusively agrees that for purposes of this Sublease, the total number of cubicle systems provided to Subtenant is as described in Exhibit D. Within thirty (30) days of the Sublease Commencement Date, Subtenant shall be permitted given an opportunity to use verify inventory as compared to Exhibit D. In the existing modular and office furniture and cabling located event that a discrepancy is identified in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). 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, 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of notify Sublandlord, and the parties shall cooperate reasonably with each other to make any work of modifying appropriate corrections. In no event shall Sublandlord have any Furniture (includingliability, without limitationnor shall Subtenant have any remedy against Sublandlord, changing the configuration offor any liability, “breaking down” claim, loss, damage or reassembly of cubicles expense caused directly or other modular furniture) shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing indirectly 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for or any deficiency or defect thereof or the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesmaintenance or repair thereof.
Appears in 1 contract
Furniture. During the Term, at no charge (a) Sublandlord agrees to lease to Subtenant, and Subtenant shall be permitted agrees to use lease from Sublandlord, the existing modular cubicles, furniture, break room and office training room furniture (if any), audio-visual equipment (if any), cable wiring, and cabling phone wiring located in the Subleased Sublease Premises and described in more particular detail in Exhibit C attached hereto as of April 15, 2005 (collectively, the “Furniture”)) for the duration of the Sublease Term at no additional Rent hereunder. The Furniture is currently located in the Sublease Premises. Sublandlord and Subtenant shall work together to create a list of the Furniture prior to the Sublease Commencement Date, and shall attach such list to this Sublease as Exhibit E hereto. Notwithstanding the foregoing, Subtenant shall not have the right to utilize Sublandlord’s phone system or phones. Subtenant shall accept install its own phone switch and incoming data lines from 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, care and repair of the Furniture, 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 been 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 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 actions. Subtenant accepts the Furniture in its “AS IS” condition, and using maintenance contractors specified by SublandlordSublandlord hereby disclaims any and all warranties with respect to the Furniture, including without limitation the warranty of merchantability and fitness for a specific use. No 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 accepted by, Sublandlord upon the expiration or earlier termination of the Sublease Term. If during the Sublease Term any item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modifybecome lost, reconfigure stolen, destroyed, damaged beyond repair or relocate rendered permanently unfit for use for any furniture except with the advanced written permission of Sublandlordreason (beyond normal wear and tear), 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 event of such furniture). On any condemnation, confiscation, theft or about the date seizure or requisition of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal title to or use of the Furniture from not caused by Sublandlord, Subtenant shall immediately pay to Sublandlord an amount equal to the Subleased Premisesvalue of such item at the time of such loss.
Appears in 1 contract
Samples: Sublease Agreement (Niku Corp)
Furniture. During the TermSublandlord and Subtenant acknowledge and agree that certain furniture, at no charge to Subtenantfixtures, Subtenant shall be permitted to use the existing modular and office furniture and cabling located equipment exists in the Subleased Sublease Premises and described in more particular detail in Exhibit C attached hereto as of the Sublease Commencement Date (collectively, the “Furniture”). Sublandlord and Subtenant have mutually prepared a list of all Furniture on or before the Commencement Date, a copy of which is annexed hereto as Exhibit B and made a part hereof. Sublandlord makes no representation or warranty whatsoever as to the condition of or title to the Furniture. Subtenant shall purchase all of the Furniture from Sublandlord, and Sublandlord shall convey the Furniture to Subtenant, on the Commencement Date through a bxxx of sale for a total sale price of One Dollar ($1.00). Subtenant (i) agrees to 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition as of the Commencement Date, (ii) shall maintain the Furniture in good condition and repair throughout the Term, and (iii) shall be solely responsible for any and all costs associated with the sum of $10.00Furniture (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 will be responsible for 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 timely removal use of the Furniture from by Subtenant, or any officer, agent, employee, contractor, servant, invitee or guest of Subtenant, and such obligations shall survive the Subleased Premisesexpiration or earlier termination of the Sublease.
Appears in 1 contract
Samples: Sublease Agreement (Kempharm, Inc)
Furniture. During the TermSo long as Subtenant is not in default under this Sublease beyond applicable notice and cure periods, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the 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 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 furniture, fixtures and equipment located within the purposes for which Premises and scheduled on the schedule attached to this Sublease as Exhibit "D" (the "FFE") at no cost during the term of this Sublease including any extensions or renewals thereof. Immediately prior to the expiration of the initial term of this Sublease (i.e., January 31, 2007), so long as Subtenant is not in default under this Sublease, Sublandlord shall convey all of its right, title and interest in and to the FFE to Subtenant by virtue of a xxxx of sale in the form attached to this Sublease as Exhibit "E" to convey all of Sublandlord's interest in and to such Furniture is intended FFE to Subtenant. Sublandlord and Subtenant acknowledge and agree that such conveyance by Sublandlord shall be responsible for the proper maintenancewithout representation or warranty of any kind to Subtenant, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 any warranties of merchantability, fitness for a particular purpose or any other thing or nature whatsoever. During 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). On or about the date of expiration term of this Sublease, including any extensions or renewals thereof. Subtenant will purchase the Furniture from shall be responsible to maintain such FFE in good condition and repair, reasonable wear and tear excepted, at Subtenant's sole cost and expense. Subtenant further acknowledges and agrees that Sublandlord is providing such FFE to Subtenant in its then “"as-is” " condition for and is not making any representation or warranty with respect to its condition to Subtenant hereunder. Following the sum expiration of $10.00. the term of this Sublease, or the earlier termination of this Sublease during the Extension Term (as hereinafter defined), Subtenant will shall be responsible for the timely removal to remove all of the Furniture such FFE from the Subleased PremisesPremises and repair any damage to the Premises or the Building resulting therefrom.
Appears in 1 contract
Samples: Sublease (Mai Systems Corp)
Furniture. During As of the Delivery Date for each Suite and throughout the duration of the Sublease Term, at no charge to Subtenant, Subtenant shall be permitted have the right to use the existing modular and office furniture and cabling described in Schedule 4.4 attached hereto currently located in the Subleased Sublease Premises and described in more particular detail in Exhibit C attached hereto (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, and all furniture located in Office Nos. 418 and 420 located on the 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 first (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 for any such Furniture that does not remain, such Furniture shall no longer be considered Furniture for purposes of this Sublease. Subtenant acknowledges and agrees that Sublandlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Furniture. 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 Sublease Premises and are hereby accepted by Subtenant, subject to and in accordance with the terms of this Section 4.4. Throughout the Sublease Term, Subtenant shall accept be obligated to maintain, repair and safeguard the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord Furniture, and shall obtain and maintain physical damage insurance 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 covering "all risks" of physical loss or damage, for the then fair market value of such previously used items, normal wear and Sublandlord shall, tear excepted. On the date prior to the Commencement DateSublease Expiration Date or upon the earlier termination of this Sublease for reasons other than Subtenant’s default, 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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) interest Sublandlord shall have in it shall ipso facto be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval deemed conveyed 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.001.00, which amount shall be deducted from the Security Deposit (as defined in Section 4.6 below). Subtenant will be responsible for the timely removal of shall pay all personal property taxes assessed against the Furniture from during the Subleased PremisesSublease Term.
Appears in 1 contract
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office The furniture and cabling located in the Subleased Premises and described in more particular detail in listed on Exhibit C 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 shall accept hereby accepts 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“as is” “where is” condition. Subtenant shall use maintain the Furniture only 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 the purposes for which such Furniture is intended a nominal consideration by means of a xxxx of sale and Subtenant shall be responsible for removing the proper maintenanceFurniture from the Premises on or before the Expiration Date; provided, care and repair however, if Subtenant exercises its Termination Option as provided in Section 3 above, Sublandlord shall retain ownership of the FurnitureFurniture and Subtenant shall have no obligation to remove the Furniture from the Premises at the end of the Term. Subtenant shall have the right, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate to move 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises, store the Furniture offsite or move within the Premises any of the Furniture which is built-in or otherwise attached to the Premises; provided, however, that if Subtenant takes any of the foregoing actions, Subtenant shall (i) shall repair any damage it has caused and (ii) be deemed to be the owner of the 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
Furniture. During In consideration of the Termmutual covenants and obligations under this Sublease, at no charge and provided Subtenant is not in default under this Sublease, Sublandlord hereby grants to Subtenant, Subtenant shall be permitted a license (“License”) to use and have the existing modular benefit of the workstations and office other furniture and cabling equipment currently located in the Subleased Premises and more particularly described in more particular detail in on Exhibit C attached hereto (the “FurnitureFurnishings”), for 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 accept not remove the Furniture Furnishings from the Premises and Subtenant shall maintain the Furnishings 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 good order 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 Furniturerepair. Subtenant shall use make the Furniture only for Furnishings available to Sublandlord, not later than the purposes for which such Furniture is intended 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, ordinary wear and tear excepted. Subtenant hereby releases Sublandlord from all, and shall be responsible for indemnify and hold Sublandlord harmless from and against any, losses, liabilities, claims, damages, and injuries caused by, arising out of or relating to, the proper maintenance, care and repair use of the FurnitureFurnishings 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 work stations located in the Premises and listed on Exhibit C attached hereto for the purchase price of $1.00, and using maintenance contractors specified by Sublandlord. No item upon payment of Furniture such amount (and any taxes related to such sale) the work stations shall be removed from the Subleased Premises without Sublandlord’s prior written consent. deemed transferred to Subtenant shall not modify, reconfigure or relocate and Sublandlord agrees to confirm such transfer by execution of any furniture except with the advanced written permission xxxx of Sublandlord, and any work of modifying any Furniture (includingsale, without limitationrepresentation or recourse, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) as may be reasonably requested by Subtenant. Such option shall be performed exercised, if at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord all, within ten (such approval to be granted or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’s assessment 10) days 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). On or about the date of expiration of this SubleaseSubtenant is required to vacate the Premises, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal time being of the Furniture from the Subleased Premisesessence.
Appears in 1 contract
Samples: Sublease (Monster Worldwide Inc)
Furniture. A. During the Term, at no charge to SubtenantTerm of the Sublease, Subtenant shall be permitted have the right to use the furniture currently existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in outlined on Exhibit C 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 accept 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 current sole cost, may elect to remove from the Subleased Premises and store items of Furniture and Equipment subject to Sublandlord's prior written consent as to the items being removed, which consent shall not 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 at the expiration or earlier termination of the Sublease, in the same condition without 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 warranty of fitness and all property taxes thereon. Upon notice from Sublandlord, Subtenant shall assign to Sublandlord (or to any party designated by Sublandlord) all property insurance proceeds payable to Subtenant expressly acknowledges that no warranty is made by Sublandlord under Subtenant's insurance with respect to the condition Furniture and Equipment; provided if the estimated cost to replace such Furniture and Equipment exceeds the amount of insurance proceeds received by Sublandlord from Subtenant's insurance carrier, the excess cost of such replacement shall be paid by Subtenant to Sublandlord. Sublandlord hereby represents and warrants to Subtenant that Sublandlord has good and marketable title to the Furniture and Equipment, free and clear of any cabling currently located liens, charges, encumbrances, security interests and adverse claims. The Furniture and Equipment shall remain the personal property of Sublandlord; provided, however, that as security for the performance of all of Sublandlord's obligations under this Sublease, Sublandlord hereby assigns, pledges and grants to Subtenant a security interest in or serving and a lien upon the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant Furniture 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 FurnitureEquipment. Subtenant shall use have the right to file a financing statement describing the Furniture only for and Equipment with the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair Secretary of State of the FurnitureState of Delaware. Sublandlord shall give such notices and take such other actions, at Subtenant’s Sublandlord's sole cost and expense, and using maintenance contractors specified by Sublandlord. No item as may be necessary to prevent any third party from dispossessing Subtenant of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal use of the Furniture and Equipment during the Term. For the purposes of such security interest and lien, this Sublease shall 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 security interest and lien on the Furniture and Equipment shall terminate from and after the Subleased PremisesExpiration 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 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 the 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 the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto 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 . 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 Furnituredisrepair. 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, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture of the Furniture except with the advanced 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 Furniture and whether such vendor is sufficiently experienced in the design of such furnitureFurniture). On or about the date No item of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will shall be responsible for the timely removal of the Furniture removed from the Subleased PremisesPremises without Sublandlord’s prior written consent. Prior to or promptly following the expiration or earlier termination of the Sublease, Sublandlord and Subtenant shall conduct a joint 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).
Appears in 1 contract
Samples: Sublease (Solid Biosciences Inc.)
Furniture. During (a) Subject to the Termterms and provisions of Section 1.7 of the Sublease instrument dated October 18, 2002, commencing on the Building One Expansion Premises Term Commencement Dates, Sublandlord shall lease to Subtenant and Subtenant shall lease from Sublandlord, at no charge to Subtenantadditional rent, Subtenant shall be permitted to use the existing modular and office furniture and cabling equipment located in the Subleased Building One Expansion Premises and described in more particular detail fully in Exhibit C B-1 and B-2 attached hereto (the “Building One Expansion Premises Furniture”). During the first thirty (30) days following the Building One Expansion Premises Delivery Date the Subtenant shall accept have the Furniture in its current condition without any warranty of fitness from right to give Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition notice of any cabling currently located in Building One Expansion Premises Furniture that is damaged and beyond ordinary reasonable use without repair. Sublandlord shall within ten (10) business days of receipt of such notice either elect to remove such damaged Building One Expansion Premises Furniture and dispose of or serving store 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, care and repair of the Furniture, same at SubtenantSublandlord’s sole cost and expense, and using maintenance contractors specified by expense or Sublandlord shall have the right to carry out such necessary repairs at Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 (and expense and 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 repaired Building One Expansion Premises Furniture shall remain in the design of such furniture). On or about Building One Expansion Premises during the date of expiration of this SubleaseBuilding One Expansion Premises Term.
(b) Upon written notice thereof delivered to Sublandlord at least ninety (90) days prior to the Sublease Expiration Date, Subtenant will may elect in its sole and absolute discretion to purchase the Furniture from Sublandlord for its “fair market value” payable in its then “as-is” condition for cash or other immediately available funds on or before the sum of $10.00Sublease Expiration Date. Subtenant will be responsible for If the timely removal 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 therefore 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 arbitration shall be deemed concluded. The arbitrator shall arrange for a simultaneous exchange of positions and a hearing. After the hearing, the arbitrator shall select which of the two proposed positions most closely approximates his determination of the correct position and shall have no right to propose 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, refusal, or inability of the arbitrator to act, his successor shall be appointed by JAMS, or, if JAMS fails to do so within five (5) business days, as provided by the Act. The arbitrator shall attempt to decide the issue within ten (10) business days after the hearing. Both parties shall share the fee and expenses of the arbitrator. The prevailing party shall be entitled to collect its reasonable (as determined by the arbitrator) attorneys’ fees and costs from the Subleased Premisesunsuccessful 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 without any representations or warranties. During the Term, Subtenant shall be responsible for, and if necessary shall reimburse Sublandlord with respect to, all costs and expenses related to the Furniture, including all insurance, maintenance, repair, replacement, and personal property tax costs.
Appears in 1 contract
Samples: Sublease (Ariba Inc)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C F attached hereto (the “Furniture”). At Subtenant’s election, to be set forth in a written notice delivered to Sublandlord at least thirty (30) days prior to the Commencement Date, Sublandlord 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 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, 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without 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 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 advanced 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 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.
Appears in 1 contract
Samples: Sublease (Glu Mobile Inc)
Furniture. During (a) Landlord hereby leases to Tenant the Termitems of personal property identified in Exhibit "F" hereto, at no charge to Subtenanttogether with all Cat 5 Wiring attached thereto (the "Furniture"). The term of this lease of the Furniture shall commence on the Commencement Date, Subtenant and shall be permitted co-terminus with the Lease. Possession of the Furniture shall be delivered to use Tenant on the existing modular Commencement Date and office furniture and cabling located in shall be returned to Landlord upon the Subleased Premises and described in more particular detail in Exhibit C attached hereto expiration or earlier termination of this Lease.
(the “Furniture”). Subtenant shall accept b) Tenant accepts the Furniture in its current "as is" "where is" condition without any warranty of fitness from Sublandlord (Subtenant expressly and Tenant acknowledges that Landlord makes no warranty is made by Sublandlord with respect as to the condition of any cabling currently located the Furniture or its present or future suitability for Tenant's purposes except as follows: Landlord hereby warrants that the Furniture is and will be in good working order and condition for the period commencing on the Commencement Date hereunder and expiring on the date thirty (30) days thereafter (the "Warranty Period"). Upon written notice given by Tenant to Landlord prior to the expiration of the Warranty Period, of a material defect in the operation, installation or serving the Subleased Premises); for purposes of documenting the current condition performance of the Furniture, Subtenant Landlord shall correct such defect at Landlord's sole cost and Sublandlord shallexpense.
(c) This lease of the Furniture is a net lease, prior and as such, Tenant shall pay maintenance, insurance and taxes on all Furniture leased hereunder. The Furniture shall be held at all times during the term hereof at the sole risk of Tenant from injury, loss or destruction with the obligation of restoration or reimbursement to Landlord. Tenant agrees to procure and maintain throughout the term of this Lease insurance covering the Furniture against all risk of physical loss, theft, damage and destruction, which insurance may be under the same policy required pursuant to Section 26(a)(ii) hereof. Such insurance shall be procured in commercially reasonable amounts naming Landlord as an additional insured. Tenant shall deliver to Landlord a certificate evidencing such insurance at the Commencement Date, conduct a joint walk-through . Such insurance shall provide for payment for loss to Landlord (the proceeds of any such policy shall be held by Landlord and made available to Tenant for repair or replacement of the Subleased Premises in order Furniture during the Term of this Lease). If Tenant fails to inventory items procure such insurance, Landlord shall have the right to procure such insurance at Tenant's cost. Tenant shall not take any steps or allow to be invalidated the insurance required to be maintained hereunder.
(d) Upon the termination of damage or disrepair this Lease, Tenant shall return the Furniture to Landlord in the same condition as when received, ordinary wear and tear excepted (it being understood that occasionally chairs, drawer mechanisms and other mechanical features may malfunction over time with normal use), conditioned on the obligations set forth in the next sentence having been accomplished. Tenant is responsible for performing all maintenance, repair and cleaning of the Furniture, which may be necessary to maintain the Furniture in the condition in which it was initially provided to Tenant. Subtenant Tenant shall use the Furniture only for the purposes for which such Furniture is intended in a careful and proper manner, and shall be responsible for comply with all laws and regulations relating to the proper maintenancepossession and use of the Furniture. Landlord shall have the right to inspect the Furniture during business hours, care and repair subject to the provisions of Section 42.
(e) Tenant covenants that: (i) Tenant will not, without the prior written consent of Landlord, assign, pledge, loan, mortgage, or part with possession of any of the Furniture, or in any other manner attempt to dispose of it, or permit its use by others (other than to another occupant of the Premises as permitted under Section 44) or suffer any liens or legal process to be incurred or levied thereon; (ii) Tenant will not make any alterations or permit any alterations to be made on or to the Furniture (other than reconfigurations of the Furniture within the Premises) without the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; and (iii) Tenant will keep and maintain the Furniture at Subtenant’s 0000 Xxxxxxx Xxxxxxx, Fremont, California and will not permit any of the Furniture to removed from such location without Landlord's prior written consent.
(i) In addition to any other obligations of Tenant hereunder, Tenant shall indemnify and hold harmless Landlord from and against any and all claims arising from Tenant's use of the Furniture, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon written notice from Landlord, shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons arising from any cause connected with the Furniture and waives all claims in respect thereof against Landlord. This paragraph shall not include anything resulting from Landlord's own negligence or willful misconduct.
(ii) In addition to any other obligation of Tenant hereunder, Tenant agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person occasioned by or in connection with Tenant's possession of use of any of the Furniture, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents, or contractors occasioned by or in connection with Tenant's possession or use of any of the Leased Furniture.
(g) The Furniture shall at all times be and remain the exclusive property of Landlord, and Tenant shall have no title therein. Tenant shall, at its sole cost and expense, at all times protect and using maintenance contractors specified by Sublandlord. No item defend the title of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 Landlord 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord and against all liens, claims and legal processes of the creditors of Tenant and keep the Furniture free of such liens, claims and encumbrances. The Furniture or any of Tenant's rights under this Lease shall not be assigned or transferred by Tenant to any person, firm or corporation without the prior written consent of Landlord (except pursuant to Section 44) and any attempted assignment or transfer in violation thereof shall, at the option of Landlord, be void. Nothing contained herein, however, shall be deemed to limit or otherwise restrict Landlord's right to transfer in any manner its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal interest in any or all of the Furniture or in this Lease, subject to the rights of Tenant under this Lease.
(h) Tenant shall, during the term of this Lease, 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 assessed to Landlord or Tenant, together with any penalties or interest in connection therewith, excepting Federal, state or local governmental taxes, or payments in lieu thereof, imposed upon or measured by the income of Landlord. If any tax is, by law, to be assessed or billed to Landlord, Tenant at its expense will do any and all things required to be done by Landlord in connection with the levy, assessment, billing or payment of such taxes and is hereby authorized by Landlord to act for and on behalf of Landlord in any and all respects. Tenant will cause all xxxxxxxx of such taxes to Landlord to be made to it in care of Tenant and will from time to time, on request of Landlord, submit written evidence of the Subleased Premisespayment of all of the governmental obligations mentioned in this paragraph.
Appears in 1 contract
Samples: Industrial Lease Agreement (Altigen Communications Inc)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall 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 advanced 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 on 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). On or about Notwithstanding the date of expiration of this Subleaseforegoing, Subtenant Sublandlord will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the remove any Furniture from the Subleased PremisesPremises requested by Subtenant prior to the Commencement Date 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 (10) business days prior to the Commencement Date or mutually agreed upon date; provided that in no event will Sublandlord be required to expend in excess of $10,000.00 to perform such removal work. Following such removal, any such items so removed will no longer be deemed to be included with the definition of “Furniture” and, at Landlord’s option, the parties will jointly execute a revised Exhibit C reflecting the revised Furniture Inventory.
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
Furniture. During the TermProvided this Lease is then in full force and effect and there shall exist no Default of Tenant, at no charge to SubtenantLandlord, Subtenant shall be permitted permit Tenant to use the existing modular and office furniture and cabling located in the Subleased Premises and as of the Date of this Lease as described in more particular detail in on Exhibit C A-2 attached hereto (hereinafter, the “Furniture”)) during the term of this Lease, subject to the provisions of this Lease. Subtenant shall Tenant acknowledges that it has been given adequate opportunity to inspect the Furniture and Tenant agrees to 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 on the Commencement DateDate “As-Is” and “Where-Is.” LANDLORD MAKES NO WARRANTIES, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the FurnitureEXPRESS OR IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FURNITURE HEREUNDER. Subtenant Tenant shall use maintain the Furniture only for in good repair and condition throughout the purposes for which such Furniture is intended term. Tenant agrees to indemnify, defend and shall be responsible for the proper maintenancehold Landlord harmless from any claim, care and repair of the Furnituredemand, at Subtenant’s sole judgment, loss, cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed or expense arising from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal use of the Furniture by Tenant, its employees, agents and invitees. Tenant shall surrender the Furniture at the expiration or earlier termination of the term in the same condition as it is required to maintain the same during the term, reasonable wear and tear and damage by fire or other casualty excepted. Notwithstanding the foregoing, if Tenant gives Landlord notice that Tenant does not desire to continue using any portion of the Furniture and identifying such Furniture Tenant does not wish to use, then Landlord shall have a period of at least thirty (30) days after delivery of such notice to remove from the Subleased PremisesPremises all or any of the Furniture designated in Tenant’s notice. To the extent Landlord fails to remove any such Furniture by the expiration of such thirty-day period, Tenant may dispose of it as it wishes.
Appears in 1 contract
Samples: Lease (Curis Inc)
Furniture. During Upon the Term, at no charge to SubtenantAdditional Premises Commencement Date and through the Additional Premises Expiration Date, Subtenant shall be permitted have the right to use the existing modular to use certain personal property, equipment, and office furniture business and cabling located in the Subleased Premises and trade fixtures described in more particular detail in Exhibit C attached hereto or then located within the Additional Premises (the “"19th Floor Furniture”"), for its intended purposes, at no additional cost or expense to Subtenant, provided that Subtenant shall insure, maintain (normal wear and tear excepted), and replace 19th Floor Furniture if damaged. Subtenant shall accept 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 Subtenant shall not be required to remove (or to pay the 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 sum of Ten Dollars ($10.00). If Subtenant purchases the 19th Floor Furniture, the 19th Floor Furniture shall be sold to Subtenant in its current "as is, where is, with all faults, if 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 their fitness or suitability for Subtenant's purposes (but with a warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord that as of the date of such sale, Sublandlord has good title to and the right and authority to so sell the 19th Floor Furniture). If Subtenant shall so request, Sublandord shall execute and deliver a xxxx of sale with respect to the condition 19th Floor Furniture. If there is an Event of Default after Subtenant purchases the 00xx Xxxxx Xxxxxxxxx, Xxxxxxxxxxx shall have the right to purchase 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 19th Floor Furniture then in the Furniture. Additional Premises from 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 using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of Ten Dollars ($10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises).
Appears in 1 contract
Samples: Sublease Agreement (Federal Home Loan Bank of Chicago)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C D 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 joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. 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 's sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s '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 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 like-new item reasonably acceptable to Sublandlord). Subtenant shall not modify, reconfigure or relocate any furniture the 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 's sole cost using Sublandlord’s 's specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld on Sublandlord’s 's good faith discretion, based upon Sublandlord’s '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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.
Appears in 1 contract
Furniture. A. During the Term, at no charge to SubtenantTerm of the Sublease, Subtenant shall be permitted have the right to use the furniture currently existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in outlined on Exhibit C 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 accept 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 current sole cost, may elect to remove from the Subleased Premises and store items of Furniture and Equipment subject to Sublandlord’s prior written consent as to the items being removed, which consent shall not 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 at the expiration or earlier termination of the Sublease, in the same condition without 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 warranty of fitness and all property taxes thereon. Upon notice from Sublandlord, Subtenant shall assign to Sublandlord (or to any party designated by Sublandlord) all property insurance proceeds payable to Subtenant expressly acknowledges that no warranty is made by Sublandlord under Subtenant’s insurance with respect to the condition Furniture and Equipment; provided if the estimated cost to replace such Furniture and Equipment exceeds the amount of insurance proceeds received by Sublandlord from Subtenant’s insurance carrier, the excess cost of such replacement shall be paid by Subtenant to Sublandlord. Sublandlord hereby represents and warrants to Subtenant that Sublandlord has good and marketable title to the Furniture and Equipment, free and clear of any cabling currently located liens, charges, encumbrances, security interests and adverse claims. The Furniture and Equipment shall remain the personal property of Sublandlord; provided, however, that as security for the performance of all of Sublandlord’s obligations under this Sublease, Sublandlord hereby assigns, pledges and grants to Subtenant a security interest in or serving and a lien upon the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant Furniture 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 FurnitureEquipment. Subtenant shall use have the right to file a financing statement describing the Furniture only for and Equipment with the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair Secretary of State of the FurnitureState of Delaware. Sublandlord shall give such notices and take such other actions, at SubtenantSublandlord’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item as may be necessary to prevent any third party from dispossessing Subtenant of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal use of the Furniture and Equipment during the Term. For the purposes of such security interest and lien, this Sublease shall 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 security interest and lien on the Furniture and Equipment shall terminate from and after the Subleased PremisesExpiration 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 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 the Direct Lease (but in no event beyond May 16, 2010).
Appears in 1 contract
Samples: Sublease (@Road, Inc)
Furniture. During In consideration of the Termobligations of Subtenant under this Sublease, at no charge Sublandlord grants a license to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling furnishings located in within the Subleased Premises and described in more particular detail in Exhibit C attached hereto Sublease Space as of the Commencement Date (the “Furniture”). Subtenant agrees to accept the 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 accept (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 and working order as when delivered to Subtenant, subject to reasonable wear and tear and damage by fire or other casualty. Upon request by Sublandlord, Subtenant 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 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 current condition “as is, where is condition, with all faults”, and without any representation or warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect any kind, nature or description relative to the condition 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 any cabling currently located in or serving the Subleased Premises); for purposes this Sublease, Sublandlord will transfer ownership of documenting the current condition 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 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, care and repair of the Furnituremay, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlorddiscard, sell or otherwise dispose of such Removal Furniture. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. In any event, 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). On or about the date of expiration of this Sublease, Subtenant will purchase remove the Furniture from at the end of the Sublease Term. Upon request by Subtenant, Sublandlord in its then “as-is” condition for agrees to deliver a xxxx of sale to Subtenant upon the sum of $10.00transfer date. Sublandlord and Subtenant hereby agree that little or no value will be responsible for attributable to the timely removal 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, Sublandlord shall have no liability to Subtenant on account of any malfunction, stoppage, breakage or failure of any of the Furniture to perform for their intended use or for the inability of Subtenant to use any of said Furniture, and Subtenant hereby releases Sublandlord from any liability to Subtenant for any loss or damage incurred by Subtenant arising out of any such malfunction, stoppage, breakage, failure or the Subleased Premisesinability of use.
Appears in 1 contract
Samples: Sublease (Everbridge, Inc.)
Furniture. During the TermFor no additional charge, at no charge Landlord hereby leases to Subtenant, Subtenant shall be permitted to use the existing modular Tenant and office Tenant hereby leases from Landlord those items of furniture and cabling located situated in the Subleased Premises and described in more particular detail in Exhibit C attached hereto the Interim Premises (the “Furniture”) and described on the inventory list attached hereto as Exhibit C (the “Inventory List”). Subtenant shall accept Landlord and Tenant acknowledge that Tenant is currently using said Furniture and Tenants accepts the Furniture in its current condition “as-is” condition, without any representation or warranty by Landlord. LANDLORD SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FURNITURE. During the Term of fitness from Sublandlord this Lease, Tenant shall maintain and repair the Furniture as reasonably necessary; provided, however, that Tenant shall be entitled to remove and store and/or reconfigure the Furniture (Subtenant expressly acknowledges that no warranty is made by Sublandlord e.g., cubicle density and design). Upon the expiration or earlier termination of this Lease (or on or before the last day of the Transition Period with respect to Furniture in the condition of any cabling currently located in or serving Interim Premises not being relocated to the Subleased Premises); for purposes of documenting , Tenant shall surrender the current Furniture to Landlord in substantially the same condition of and repair as on the Furniture, Subtenant and Sublandlord shall, prior to the Lease Commencement Date, conduct a joint walk-through of reasonable wear and tear and damage by casualty excepted; provided, however, that Tenant shall not be required to relocate the Subleased Furniture to the same location within the Premises in order or Interim Premises (but shall relocate the Furniture to inventory items of damage the Premises or disrepair Interim Premises if it has been stored outside the Premises or Interim Premises) nor restore the Furniture to the configuration and design as existed on the Lease Commencement Date. Any new or replacement furniture purchased by Tenant and placed into service in the Furniture. Subtenant Premises during the Lease Term shall use remain the Furniture only for personal property of Tenant and shall not be surrendered to Landlord on the purposes expiration or earlier termination of this Lease, provided, however, that any new or replacement furniture for which such Landlord’s Contribution (hereinafter defined) was applied shall constitute Furniture is intended and shall be responsible for surrendered to Landlord on the proper maintenanceexpiration or earlier termination of this Lease in accordance with this Section 1.4. Notwithstanding the foregoing to the contrary, care in the event Tenant replaces any Furniture in the Premises in connection with the Initial Installations, Tenant shall not surrender such replaced Furniture to Landlord and repair Tenant shall dispose of the Furniture, such replaced Furniture at SubtenantTenant’s sole cost and expense. After the completion of the Initial Installations Landlord and Tenant shall update the furniture inventory list in Exhibit C. If, during the Lease Term and using maintenance contractors specified by Sublandlordany renewals thereof, Tenant determines that Furniture that is at least five (5) years old is at an end of life stage due to ordinary wear and tear or casualty and is not economically feasible to repair (“Obsolete Furniture”), Tenant shall so notify Landlord in writing and give Landlord the opportunity to take possession of such Obsolete Furniture. No item In the event that Landlord does not elect to take possession of Furniture said Obsolete Furniture, Tenant shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission allowed to dispose of Sublandlord, and any work of modifying any said Obsolete Furniture (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture) shall be performed at SubtenantTenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord (such approval to be granted or withheld and expense and Landlord and Tenant shall update the inventory of Furniture listed on Sublandlord’s good faith discretionExhibit C, based upon Sublandlord’s assessment of factors which includeprovided, without limitationhowever, whether the performance by such vendor will void applicable warranties for such furniture and whether such vendor is sufficiently experienced in the design that if Tenant sells any of such furniture). On or about the date Obsolete Furniture, all sales proceeds net of expiration of this Subleaseany usual and customary, Subtenant will purchase the Furniture from Sublandlord in its then “asthird-is” condition for the sum of $10.00. Subtenant will party out-of-pocket costs relating to such sale shall be responsible for the timely removal of the Furniture from the Subleased Premisespromptly remitted to Landlord.
Appears in 1 contract
Samples: Office Lease (3com Corp)
Furniture. During For the TermSublease Term and subject to the terms of Xxxxxxxxx 00, at no charge to Subtenant, Subtenant Xxxxxxxxx shall be permitted entitled to use all existing furniture currently located at the existing modular and office Sublease Premises, which is shown on the furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C layout attached hereto as EXHIBIT E (the “"Furniture”"). Subtenant In the event that Sublessee requires additional furniture, fixtures or equipment, Sublessee shall accept acquire such furniture, fixtures or equipment at its sole cost and expense. Sublessee agrees to take possession of the Furniture in its current condition "AS IS", without relying on any representation or warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect Sublessor as 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 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 only for the purposes conduct of Sublessee's business or for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of the Furnitureany other purpose. Sublessee agrees, at Subtenant’s its sole cost and expense, to maintain the Furniture in the same condition and using maintenance contractors specified by Sublandlordrepair, allowing for reasonable wear and tear. No item In accordance with the terms of Section 12 the Master Lease, Sublessee shall maintain insurance on the Furniture during the Sublease Term in an amount not less than the full replacement cost thereof. In the event that the Furniture is damaged during the Sublease Term, Sublessor shall be given the insurance proceeds for the replacement cost of the Furniture damaged; provided, however, Sublessor shall be under no obligation to replace the damaged Furniture. Any installations, replacements, and substitutions of parts or accessories with respect to any of the Furniture shall be removed from paid for by Sublessee and shall constitute accessions and shall become part of the Subleased Premises without Sublandlord’s prior written consentFurniture and shall be the property of Sublessor. Subtenant Sublessor shall not modifybe under any liability or obligation in any manner to provide service, reconfigure maintenance, replacements or relocate any furniture except with repairs for the advanced written permission Furniture. The Furniture shall remain at all times the property of SublandlordSublessor, 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 used by Sublandlord (such approval Sublessee during the Sublease Term free of charge; provided, however, if during the entire Sublease Term Sublessee fully and faithfully performs every provision of this Sublease to be granted or withheld on Sublandlord’s good faith discretionperformed by it, based upon Sublandlord’s assessment then following Sublessee's surrender 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 Sublease Premises in the design of such furniture). On or about the date of expiration of condition required by this Sublease, Subtenant will purchase Sublessor shall transfer all right, title and interest in the Furniture from Sublandlord in its then “as-is” condition to Sublessee for the sum no additional consideration and shall execute a xxxx of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisessale acknowledging such transfer (with all transfer taxes to by paid by Sublessee).
Appears in 1 contract
Furniture. During Pursuant to the Termterms and conditions of the Xxxx of Sale attached hereto as Exhibit B, at no charge Landlord shall sell to Subtenant, Subtenant shall be permitted to use Tenant the existing modular and office movable furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto as of the Commencement Date (the “Movable 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 In addition to the condition foregoing, Tenant shall have the right to use the furniture affixed to the Premises as 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 any modular workstations (the configuration of“Affixed Furniture”, and together with the Movable Furniture, the “breaking down” Existing Furniture”). Landlord and Tenant acknowledge and agree that the list of furniture attached hereto as Exhibit C is generally the parties’ understanding of the furniture included within the definition of Existing Furniture. Notwithstanding the foregoing, Landlord does not make any express or reassembly implied representation or warranty that Exhibit C is an accurate or correct representation of cubicles or other modular furniture) the furniture included within the definition of Existing Furniture. Tenant shall be performed maintain the Affixed Furniture in substantially the same condition and repair as it is on the Commencement Date and 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 the end 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 Term shall surrender the Affixed Furniture in the design of such furniture). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord same condition as it was in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal as of the Commencement Date (normal wear and tear and damage by casualty excepted), which Landlord acknowledges is in used condition. Notwithstanding the foregoing, Tenant may remove any Affixed Furniture from the Subleased PremisesPremises that is in unusable condition or becomes worn in the ordinary course of business such that it is no longer appropriate for Tenant’s use, as reasonably determined by Tenant, and shall not have an obligation to surrender such Affixed Furniture at the end of the Term.
Appears in 1 contract
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and data and telephone cabling located in the 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall 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 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). 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 '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 's good faith discretion, based upon Sublandlord’s '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). On or about Notwithstanding the date of expiration of this Subleaseforegoing, Subtenant will purchase Sublandlord hereby approves the Furniture from Sublandlord conceptual furniture changes in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased PremisesPremises based on the drawings attached hereto as Exhibit E that is in accordance with the Subtenant Improvements required in Block Plan 6 (Exhibit D).
Appears in 1 contract
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition I n consideration for the sum of $10.001.00 and the promises exchanged herein, and pursuant to the Xxxx of Sale attached hereto as Exhibit C ("Xxxx of Sale"), Sublandlord transfers to Subtenant all of its right, title and interest in and to the furniture, fixtures and equipment (collectively, the "Furniture") located within the Subleased Premises as of the Commencement Date, and as listed on Schedule One to the Xxxx of Sale. Upon expiration of the Sublease Term, Subtenant will shall be responsible for removing the timely removal Furniture to the extent required under the Master Lease. 9. SUBTENANT DEFAULT. Subtenant shall be in default under this Sublease if any one or more of the Furniture following events ("Defaults") shall happen and be continuing, following any specified notice and cure period: (i) Subtenant fails to make payment when due of the Base Rent within five (5) business days of receipt of written notice from Sublandlord, or Subtenant fails to perform or observe any other covenant or condition to be performed or complied with by Subtenant under this Sublease or the Master Lease within thirty (30) days after receipt of notice from Sublandlord, providing that, if Subtenant is diligently pursuing a cure of such default, said thirty (30) day period shall be extended for up to an additional thirty (30) days as long as Subtenant works continuously to cure such default; (ii) Subtenant shall have an attachment or execution levied upon Subtenant's mlerest under this Sublease and same is not vacated within sixty (60) days upon receipt of written notice thereof by Subtenant; (iii) Subtenant makes an assignment for the benefit of its creditors, or the interest of Subtenant in the Subleased Premises.Premises is sold under recourse, execution or other legal process; (iv) Subtenant files or there is filed against Subtenant a petition in bankruptcy or a petition or answer seeking reorganization under the Federal bankruptcy law or any other applicable statute and same is not dismissed within sixty (60) days; or (v) an order is entered adjudicatlng Subtenant a banlaupt or approving an involuntary petition seeking reorganization of Subtenant under the Federal bankmptcy law or any other applicable statute or appointing a receiver, trustee or conservator for all or any substantial part ofthe property of Subtenant; then, and in any of these events, 8
Appears in 1 contract
Samples: Sublease Agreement (Progyny, Inc.)
Furniture. During Subject to the terms herein, Subtenant shall have the right to use the Furniture (as such term is defined herein) located in the Sublease Premises in its existing AS-IS condition (provided, that Subtenant shall not have the right to use the Furniture located in the Phase II Sublease Premises until the Phase II Commencement Date). Subtenant agrees to maintain the Furniture in the same order and condition as received, reasonable wear and tear excepted. Upon the expiration or earlier termination of the Sublease Term, at no charge Sublandlord shall sell the Personal Property to SubtenantSubtenant 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 delivers the Xxxx of Sale as provided herein, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept responsible, at its cost, for removing the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty the Sublease Premises. Notwithstanding the foregoing, if this Sublease is made terminated by Sublandlord 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 with respect regard 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 the suitability thereof for any particular purpose and Sublandlord shallshall have no obligation to repair, prior replace or otherwise maintain the Furniture during the Sublease Term. Notwithstanding the foregoing, Sublandlord represents that it has title to the Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage Furniture without any liens 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesencumbrances.
Appears in 1 contract
Furniture. During (a) Landlord hereby leases to Tenant the Term, at no charge to Subtenant, Subtenant shall be permitted to use items of personal property identified as the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail Furniture in Exhibit C attached H hereto (the “Furniture”). Subtenant The term of this lease of the Furniture shall accept commence on the Commencement Date, and shall be co-terminus with this Lease. Subject to the terms of Exhibit B, possession of the Furniture shall be delivered to Tenant on the Commencement Date and shall be returned to Landlord upon the expiration or earlier termination of this Lease.
(b) Tenant accepts the Furniture in its current “as is” “where is” condition without any warranty of fitness from Sublandlord (Subtenant expressly and Tenant acknowledges that Landlord makes no warranty is made by Sublandlord with respect as to the condition of the Furniture or its present or future suitability for Tenant’s purposes.
(c) The Furniture shall be held at all times during the term hereof at the sole risk of Tenant from injury, loss or destruction with the obligation of restoration or reimbursement to Landlord. Further, Tenant agrees to either self insure or procure and maintain throughout the term of this Lease insurance covering the Furniture against all risk of physical loss, theft, damage and destruction, the costs of which shall be borne by Tenant. Such insurance shall be procured in commercially reasonable amounts agreed to by the parties from time to time in their good faith, reasonable discretion. Such insurance shall provide for payment for loss to Landlord (or if self insured, Tenant shall pay such loss amounts to Landlord) and the proceeds thereof shall be made available to Tenant for repair or replacement of the Furniture during the Term of this Lease. Tenant shall not take any cabling currently located steps or allow to be invalidated the insurance acquired by Tenant hereunder.
(d) Upon the termination of this Lease, Tenant shall return the Furniture to Landlord in or serving the Subleased Premises); same condition as when received, ordinary wear and tear excepted, conditioned on the obligations set forth in the next sentence having been accomplished. Tenant is responsible for purposes of documenting the current condition performing all maintenance, repair and cleaning of the Furniture, Subtenant and Sublandlord shall, prior which may be necessary to maintain the Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair Furniture in the Furniturecondition in which it was initially provided to Tenant. Subtenant shall If at any time Tenant determines that it no longer wishes to use the Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair lease any of the Furniture, then Tenant will provide Landlord notice thereof and Landlord may either remove such Furniture at SubtenantLandlord’s sole cost and expenseor permit Tenant to dispose of such Furniture as Tenant deems appropriate, at Tenant’s cost, and using maintenance contractors specified by Sublandlordin either event, have such Furniture excluded from the obligations under and no longer be subject to the terms and conditions of this Lease. No item The notice shall provide that Landlord shall have thirty (30) days to either notify Tenant of its election to remove and to remove such Furniture or to notify Tenant of its election to abandon such Furniture, and after receipt of such abandonment notice or lapse of thirty (30) days without notice, Tenant may dispose of such Furniture as it deems appropriate without any obligation to reimburse Landlord for such property.
(e) The Furniture shall at all times be removed from and remain the Subleased Premises exclusive property of Landlord, and Tenant shall have no title therein. The Furniture or any of Tenant’s rights under this Lease shall not be assigned or transferred by Tenant to any person, firm or corporation without Sublandlord’s the prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission consent of Sublandlord, Landlord and any work attempted assignment or transfer in violation hereof shall, at the option of modifying Landlord, be void. Tenant covenants that: (i) Tenant will not assign, pledge, loan, mortgage, or part with possession of any of the 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) Tenant will not make any alterations or permit any alterations to be made on or to the Furniture without the written consent of Landlord (includingor as otherwise contemplated in Exhibit B hereto); and (iii) Tenant will keep and maintain the Furniture at the Premises.
(f) Landlord shall, without limitationduring the term of this Lease, changing 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 configuration ofownership, “breaking down” leasing, renting, sale, possession or reassembly use of cubicles or other modular furniture) the Furniture, the costs of which shall be performed at Subtenant’s sole cost using Sublandlord’s specified vendors or an alternate vendor approved in writing borne by Sublandlord (such approval to Tenant. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, DEMAND, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. NOTWITHSTANDING, NO SUCH PAYMENT BY TENANT SHALL RELIEVE LANDLORD OF ANY OF ITS OBLIGATIONS SET FORTH IN THIS LEASE, AND TENANT SHALL NOT BE PRECLUDED FROM ENFORCING ANY OF ITS RIGHTS OR REMEDIES UNDER THIS LEASE OR AT LAW AGAINST LANDLORD IN THE EVENT OF ANY BREACH BY LANDLORD HEREUNDER. This Lease is executed on the respective dates set forth below, but for reference purposes, this Lease shall be granted or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’s assessment dated as 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). On or about the date of expiration of first above written. If the execution date is left blank, this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will Lease shall be responsible for the timely removal deemed executed as of the Furniture from the Subleased Premisesdate first written above. LANDLORD: NOVELLUS SYSTEMS, INC., a California corporation By: /s/ Xxxxxxx X Xxxxxxx Name: Xxxxxxx X Xxxxxxx Title: Executive Vice President, CAO Execution Date: May 11, 2010 TENANT: INTERMOLECULAR, INC., a Delaware corporation By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Chief Financial Officer Execution Date:
Appears in 1 contract
Samples: Lease Agreement (Intermolecular Inc)
Furniture. During It is understood and agreed between the Termparties, at no charge to Subtenant, Subtenant shall be permitted to that the Sub-Tenant will use the existing modular and office furniture and cabling located presently in the Subleased Premises and described in more particular detail in Exhibit C attached hereto Premises, with the exception of the conference room chairs (which are excluded), (hereinafter referred as to the “Furniture”). Subtenant shall accept , List of furniture and photos of the Furniture are annexed hereto as Schedule “C”. The Furniture shall be used by the Sub-Tenant and shall remain in its current condition without any warranty the Subleased Premises at the end of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect the Term. The Furniture will at all times during the Term remain the property of the Sub-Landlord. No cost or rent shall be charged to the condition of any cabling currently located in or serving Sub-Tenant for the Subleased Premises); for purposes of documenting the current condition use of the Furniture. However, Subtenant and Sublandlord shall, prior to the Commencement Date, conduct a joint walkSub-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 Tenant shall be responsible for purchasing insurance and for maintaining the proper maintenanceFurniture in good conditions, care subject to reasonable wear and repair of tear, throughout the Furniture, at Subtenant’s sole cost and expenseTerm. Notwithstanding anything to the contrary in this Section 13.5, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant provided Sub-Tenant shall not modify, reconfigure or relocate be in default of 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 obligation contained in the design Sublease Agreement or the Head Lease either upon the giving of such furniture). On notice (as hereinafter provided) or about upon the date of expiration of this Subleaseexpiry date, Subtenant will the Sub-Tenant shall have the right to purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00EIGHT THOUSAND DOLLARS (S8.000.00) plus all applicable taxes (hereinafter referred to as “Furniture Purchase Amount”). Subtenant will be responsible for Sub-Tenant shall give written notice to Sub-Landlord of its election to purchase the timely removal Furniture, along with the Furniture Purchase Amount, not less than NINETY (90) days prior to the expiry date of the Sublease Agreement. Subject to Sub-Tenant delivering timely notice and not then being in default of any obligation contained in the Sublease Agreement, title to the Furniture from shall transfer to Sub-Tenant upon the Subleased Premisesexpiry date.
Appears in 1 contract
Samples: Sublease Agreement (BioAmber Inc.)
Furniture. During On the TermSub-Sublease Term Commencement Date, at no charge to SubtenantSub-Sublandlord shall deliver the Premises with the furniture identified on Exhibit B attached hereto (the “Sub-Sublandlord’s Furniture”) in its “AS IS,” where is, Subtenant condition. As of the Sub-Sublease Term Commencement Date, Sub-Sublandlord’s Furniture shall be permitted sold to use the existing modular and office furniture and cabling located Sub-Subtenant for One Dollar ($1.00) under a xxxx of sale in the Subleased Premises and described in more particular detail form provided in Exhibit C attached hereto (the “FurnitureXxxx of Sale”). , and Sub-Subtenant shall accept be required to remove Sub-Sublandlord’s Furniture at the Furniture in its current condition without any warranty end of fitness from the Sub-Sublease Term. Sub-Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect shall deliver title to the condition Sub-Sublandlord’s Furniture free and clear of all liens, judgments, security interests and encumbrances. Sub-Sublandlord shall deliver the Xxxx of Sale to Sub-Subtenant within ten (10) business days following the Sub-Sublease Term Commencement Date. Sub-Subtenant acknowledges and agrees that Sub-Sublandlord is not obligated to provide any cabling currently located other furniture, furnishings, or equipment in or serving the Subleased Premises); for purposes of documenting the current condition of the Premises other than Sub-Sublandlord’s Furniture, and Sub-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 agrees that it will be solely responsible for the proper maintenanceproviding any other furniture, care furnishings, and repair of the Furniture, at equipment necessary for Sub-Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesoccupancy.
Appears in 1 contract
Furniture. For no additional charge, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those items of furniture and artwork situated in the Premises and the Building (the "FURNITURE") and described on the inventory list attached hereto as EXHIBIT C (the "INVENTORY LIST"). Landlord and Tenant acknowledge that prior to the Lease Commencement Date the parties will conduct a "walk-through" inspection of the Premises and the Building in order to confirm the completeness and accuracy of the furniture shown on the Inventory List, and to give Tenant the opportunity to confirm that the Furniture is in acceptable condition and repair. Subject to such "walk-through" inspection, Tenant accepts the Furniture in its "as-is" condition, without any representation or warranty by Landlord. LANDLORD SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND/OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FURNITURE. During the TermTerm of this Lease, at Tenant shall maintain and repair the Furniture as reasonably necessary, reasonable wear and tear, damage caused by fire or other casualty, and damage caused by Landlord Fault, as defined in SECTION 6.4.3 excepted. Provided there is no charge to SubtenantDefault Condition (as defined in SECTION 2.2, Subtenant below) the Furniture shall become the property of Tenant, for nominal consideration, on December 31, 2010. During the Term of the Lease, Tenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept reconfigure and/or move the Furniture in within the Premises, and shall not be required to restore the Furniture to its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect original location within the Premises. Prior to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of date Tenant acquires title to the Furniture, Subtenant and Sublandlord shallTenant shall be permitted to store the Furniture outside the Premises in a commercially reasonable manner at a location approved by Landlord (which approval shall not be unreasonably withheld or delayed), provided that Tenant shall relocate the Furniture into the Premises prior to the Commencement Date, conduct a joint walk-through expiration or earlier termination of the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. Subtenant shall use Lease (unless the Furniture only for the purposes for has theretofore been conveyed to Tenant in which such Furniture is intended and case Tenant shall be responsible for the proper maintenance, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of remove the Furniture from the Subleased Premises). Upon termination of this Lease, if the Furniture has not theretofore been conveyed to Tenant and Landlord is not then required to, and/or does not then convey the Furniture to Tenant, Tenant shall surrender the Furniture to Landlord in the same condition and repair as on the Lease Commencement Date, reasonable wear and tear, damage by fire or other casualty, and damage caused by Landlord Fault excepted.
Appears in 1 contract
Samples: Office Lease (Cytyc Corp)
Furniture. During the TermTerm of this Sublease, at 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. 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 charge 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 Subtenantany 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, Subtenant 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 permitted 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 existing modular and office furniture and cabling artwork or plants presently located in the 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 Sublessee 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 Sublessor shall remove such artwork and Sublandlord shall, plants 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.
Appears in 1 contract
Furniture. During As a material consideration for entering into this Sublease by Sublessee, Sublessee shall have full and exclusive use of the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located fixtures listed in Exhibit A, excluding furniture and fixtures shown in the Subleased Premises conference rooms and described in more particular detail in Exhibit C attached hereto (offices, for 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 duration of the Furniture, Subtenant Initial and Sublandlord shall, prior to any Renewal Term. Sublessee shall use such furniture only for its intended purpose and shall maintain such furniture in the same condition as at the Sublease Commencement Date, conduct a joint walk-through reasonable wear and tear excepted. At the expiration of the Initial Term or the Renewal Term, Sublessor shall take possession of such furniture at its expense. Sublessor warrants that it is the 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 in order by Sublessor to inventory items Sublessee, Sublessee shall pay to Sublessor the amount 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of Sublandlord, and any work of modifying any Furniture Twenty Five Thousand dollars (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniture$25,000) 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 used as a Security Deposit on Sublandlord’s good faith discretion, based upon Sublandlord’s assessment of factors which include, without limitation, whether the performance furniture to be used by such vendor will void applicable warranties for such furniture and whether such vendor is sufficiently experienced in Sublessee during the design of such furniture). On or about the date of expiration term of this Sublease. Said Security Deposit shall be returned to Sublessee upon the termination of this Sublease and the surrender of the furniture by Sublessee. Deductions from the Security Deposit shall only occur in the event any furniture is missing, Subtenant will purchase or in the Furniture from Sublandlord event Sublessee has caused damage to the furniture beyond normal wear and tear, and in its then “as-is” condition for such an event the sum of $10.00. Subtenant deduction will be responsible for limited to the timely removal then current value of the Furniture from the Subleased Premisesfurniture in question absent such damage.
Appears in 1 contract
Furniture. During the Term, Landlord shall furnish for Tenant's use at no charge cost and ---------------------- expense to SubtenantTenant during the term of the this Lease certain furniture ("Furniture") including but not limited to acoustical panels, Subtenant shall be permitted to use the existing modular desks, chairs, credenzas and office furniture filing cabinets described and cabling located in the Subleased Premises listed on Exhibit "H" Tenant acknowledges and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept agrees that the Furniture is being provided to Tenant in its current condition "as-is" condition, without warranty or representation, and any warranty of merchantability or fitness from Sublandlord (Subtenant is hereby expressly acknowledges that no warranty is made by Sublandlord with respect excluded. Tenant shall be responsible to repair and maintain the Furniture during the Term of this Lease and shall return the Furniture to Landlord upon expiration or termination of the Lease in the same like condition in which existed at the Commencement of this Lease, normal wear and tear only excepted. In the event the Building and Land are sold during the Term of this Lease, the Furniture shall be sold and ownership transferred 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 Tenant for the purposes for which such Furniture is intended and sum of One Dollar ($1.00). Tenant shall thereafter be responsible for the proper maintenance, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.Leased Premises upon Lease Expiration. EXECUTED as of the date first above written, in multiple counterpart copies each being deemed an original and all of which shall be deemed to constitute one instrument, to be governed by and construed in accordance with the laws of the State of Maryland, to take effect as a SEALED INSTRUMENT. LANDLORD: TENANT: DIGITAL EQUIPMENT CORPORATION YURIE SYSTEMS, INC. By:/s/ Xxxx X. Xxxxxx By:/s/ Xxxx X. XxXxxxxxx --------------------------------- ------------------------- Name: Xxxx X. Xxxxxx Name: Xxxx X. XxXxxxxxx Title: Manager, Real Title: Corporate Counsel Estate Acquisitions & Secretary and Dispositions EXHIBIT B --------- LEGAL DESCRIPTION OF LAND ------------------------- Lots numbered One (1) and Two (2) in Block lettered "B", in the subdivision known as "Lots 1 & 2, Block `B' "METRO EAST" as per plat thereof recorded among the Land Records of Prince George's County , Maryland , in Plat Book NLP 100 at Plat 81 20th Election District. EXHIBIT C --------- CONSTRUCTION INSURANCE PROVISIONS ---------------------------------
1. Minimum Coverages -----------------
(a) Workmen's Compensation Insurance in statutory limits for the State in which the Premises are located, together with "All States" and "Voluntary Compensation" and "Foreign Compensation" coverage;
Appears in 1 contract
Samples: Lease Agreement (Yurie Systems Inc)
Furniture. During Subject to the terms herein, Subtenant shall have the right to use the Furniture (as such term is defined herein) located in the Sublease Premises in its existing AS-IS condition (provided, that Subtenant shall not have the right to use the Furniture located in the Phase II Sublease Premises until the Phase II Commencement Date). Subtenant agrees to maintain the Furniture in the same order and condition as received, reasonable wear and tear excepted. Upon the expiration or earlier termination of the Sublease Term, at no charge Sublandlord shall sell the Personal Property to SubtenantSubtenant 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 delivers the Bxxx of Sale as provided herein, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept responsible, at its cost, for removing the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty the Sublease Premises. Notwithstanding the foregoing, if this Sublease is made terminated by Sublandlord 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 with respect regard 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 the suitability thereof for any particular purpose and Sublandlord shallshall have no obligation to repair, prior replace or otherwise maintain the Furniture during the Sublease Term. Notwithstanding the foregoing, Sublandlord represents that it has title to the Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage Furniture without any liens 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesencumbrances.
Appears in 1 contract
Samples: Sublease Agreement
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted have, as appurtenant to the Sublet Premises, the use during the existing modular and office Term of the furniture and cabling equipment located in the Subleased Sublet Premises and described in as of the Term Commencement Date as more particular detail in fully listed on Exhibit C attached hereto (collectively, the “Furniture”). Subtenant acknowledges that it has had the opportunity to inspect the Furniture and 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 “as is” condition of the Term 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 cabling currently located 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 Furniture free and clear of any mortgage, security interest, pledge, lien, charge, claim, or serving other encumbrance (collectively, a “Lien”), except any Lien arising solely through acts of Sublandlord. The Furniture shall be used by Subtenant only at the Subleased Premises); for purposes Premises and in the ordinary conduct of documenting its business. In the current condition event Subtenant elects at any time during the Term not to utilize any of the Furniture, Subtenant and shall notify Sublandlord shall, prior to the Commencement Date, conduct a joint walk-through in writing of the Subleased Premises in order to inventory items of damage or disrepair in the Furniture. furniture Tenant elects not to use and 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 Furnitureresponsible, at Subtenant’s sole cost and expense, and using maintenance contractors specified for transporting the Furniture it elects not to use to a storage location designated in writing by Sublandlord. No item 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 shall 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 shall be removed from the Subleased Premises without (unless solely through Sublandlord’s gross negligence or willful misconduct), howsoever arising, in connection with any event occurring prior written consentto such Furniture’s return in accordance herewith. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of Sublandlordhereby assumes liability for, and shall pay when due, all fees, taxes, and governmental charges (including without limitation interest and penalties) of any work nature imposed upon or in any way relating to the Furniture. In addition, as Sublandlord is not the manufacturer or vendor of modifying the Furniture, it makes no other representation or warranty, express or implied, as to any Furniture (includingmatter whatsoever, 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 limitation the design or condition of such furniture). On the Furniture, its merchantability, durability, suitability or about fitness for any particular purpose, the date quality of expiration the material or workmanship of this Subleasethe Furniture, Subtenant will purchase or the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal conformity of the Furniture from to the Subleased Premisesprovisions or specifications of any purchase order relating thereto, and Sublandlord hereby disclaims any and all such representations and warranties.
Appears in 1 contract
Samples: Sublease Agreement (Demandware Inc)
Furniture. During The parties acknowledge that (i) under Section 4.8 of the Term--------- Lease, at no charge Tenant is prohibited from removing the Furniture from the Premises without Landlord's prior written consent and (ii) Tenant has moved on a temporary basis some of the Furniture out of the Premises without Landlord's consent, however Landlord hereby waives any right to Subtenantclaim a breach or default as a result of Tenant having temporarily moved some of the Furniture prior to the Effective Date. Attached hereto as Exhibit C is a list of all of the --------- Furniture that was in the Premises on the Commencement Date that has since been moved out of the Premises, Subtenant which Tenant hereby represents and warrants is true, complete and correct. Tenant shall have the right to continue to move on a temporary basis reasonable amounts of Furniture from the Premises so long as Tenant obtains Landlord's prior written consent thereto and first delivers to Landlord a list of the Furniture to be removed, together with a certification by Tenant that the list is true, complete and correct. Prior to the expiration of the Lease Term or sooner termination of the Lease, Landlord shall return to the Premises all of the Furniture that was in the Premises on the Commencement Date in the condition required under Section 4.8 of the Lease. In the event that Tenant fails to return any of the Furniture to the Premises and surrender such Furniture upon the expiration of the Lease or earlier termination of the Lease Term as required under Section 4.8 of the Lease, the fair market value of such Furniture as of the expiration or earlier termination of the Lease (without regard to Landlord's purchase price therefor under Section 4.8 of the Lease), as reasonably determined by Landlord and Tenant, shall constitute Additional Rent under the Lease, and Landlord shall be permitted to use deduct the existing modular and office furniture and cabling located in the 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed amount thereof from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased PremisesSecurity Deposit.
Appears in 1 contract
Samples: Lease (Borland Software Corp)
Furniture. During So long as Subtenant is not in default of the Termterms and conditions of this Sublease, at no charge to Subtenantduring the term of this Sublease, Subtenant shall be permitted to use the existing modular and office Sublandlord's furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “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 shall become the property of Subtenant; provided, however, that: (i) Subtenant acknowledges and agrees that the Furniture is being delivered to Subtenant 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 accept 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 its current condition without any warranty New York and shall be rated “A”X or better by Best's Rating Guide, and Subtenant shall deliver to Sublandlord a fully paid for policy or certificate of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord insurance 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, thereto prior to the Commencement Date; and (iii) the Furniture shall remain upon and be delivered to Sublandlord at the termination of this Sublease if the same shall occur prior to the End of Term, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furnituresame condition as delivered to Subtenant on the Commencement Date, reasonable wear and tear accepted. Subtenant shall use the Furniture only for the purposes for which such Furniture is intended and shall be responsible for any applicable transfer taxes imposed by any governmental authority (“Transfer Taxes”) upon the proper maintenance, care and repair transfer of the FurnitureFurniture upon the End of Term. Subtenant shall indemnify, defend and hold Sublandlord harmless from and against any loss, cost or expense incurred as a result of any damage to the Furniture or any repairs required thereto, or any failure to pay the Transfer Taxes. Subtenant shall be responsible, at Subtenant’s its sole cost and expense, for the repairs, maintenance and using maintenance contractors specified by Sublandlord. No item replacement, to the extent necessary, of the Furniture shall be removed from during the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration term of this Sublease. Except as otherwise set forth herein, Subtenant will purchase (i) shall have no ownership interest in or to the Furniture from Sublandlord in its then “as-is” condition for Furniture, (ii) shall not be entitled to allow any other party to use the sum Furniture, and (iii) shall not be entitled to dispose of, encumber or otherwise convey the Furniture. This Article shall survive the termination of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesthis Sublease.
Appears in 1 contract
Samples: Sublease (Ramp Corp)
Furniture. During the Term, Landlord hereby leases to Tenant at no charge to Subtenant, Subtenant shall be permitted to use additional cost the existing modular and office furniture and cabling located cubicles currently in the Subleased Premises and described in more particular detail in as set forth on Exhibit C attached hereto (the “Furniture”).
(a) The term of this lease for the Furniture shall commence on the Commencement Date and shall be co-terminus with the Lease. Subtenant Possession of the Furniture shall accept be delivered to Tenant on the Commencement Date and shall be returned to Landlord upon the expiration or earlier termination of this lease.
(b) Tenant accepts the Furniture in its current “as is” “where is” condition without any warranty of fitness from Sublandlord (Subtenant expressly and Tenant acknowledges that Landlord makes no warranty is made by Sublandlord with respect as to the condition of any cabling currently located the Furniture or its present or future suitability for Tenant’s purposes.
(c) This lease of Furniture is a net lease, and as such, Tenant shall pay maintenance, insurance and taxes on all Furniture leased hereunder. The Furniture shall be held at all times during the term hereof at the sole risk of Tenant from injury, loss or destruction with the obligation of restoration or reimbursement to Landlord.
(d) Upon the termination of this Lease, Tenant shall return the Furniture to Landlord in or serving the Subleased Premises); same condition as when received, ordinary wear and tear excepted, conditioned on the obligations set forth in the next sentence having been accomplished. Tenant is responsible for purposes of documenting the current condition performing all maintenance, repair and cleaning of the Furniture, Subtenant and Sublandlord shall, prior which may be necessary to maintain the Commencement Date, conduct a joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair Furniture in the Furniturecondition in which it was initially provided to Tenant. Subtenant Tenant shall use the Furniture only for the purposes for which such Furniture is intended in a careful and proper manner, and shall be responsible for comply with all laws and regulations relating to the proper maintenancepossession and use of the Furniture. Landlord shall have the right to inspect the Furniture during business hours upon prior notice.
(e) Tenant covenants that: (i) Tenant will not, care and repair without the prior written consent of Landlord, assign (other than pursuant to an approved transfer under Section 12 hereof), pledge, loan, mortgage, or part with possession of any of the 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) Tenant will not make any alterations or permit any alternations to be made on or to the Furniture without the written consent of the Landlord and (iii) Tenant will keep and maintain Furniture at Subtenantthe Premises and will not permit any of the Furniture to be removed from such location without Landlord’s prior written consent.
(f) In addition to any other obligations of Tenant hereunder, Tenant shall indemnify and hold harmless Landlord from and against any and all claims arising from Tenant’s use of the Furniture, and from and against all costs, attorneys’ fees, expenses and liabilities incurred in the defense of such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon written notice from Landlord, shall defend the same at Tenant’s expense and by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons arising from any cause connected with Furniture and waives all claims in respect there of against Landlord.
(g) In addition to any other obligation of Tenant hereunder, Tenant agrees that Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant’s employees, invitees, customers or any other person occasioned by in or connection with Tenant’s possession of use of any of the Furniture, nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents or contractors occasioned by or in connection with Tenant’s possession or use of any of the Leased Furniture.
(h) The Furniture shall at all times be and remain the exclusive property of Landlord, and Tenant shall have no title therein. Tenant shall, at its sole cost and expense, at all times protect and using maintenance contractors specified defend the title of t Landlord in the Furniture from and against all liens, claims and legal processes of the creditors of Tenant and keep the Furniture free of such liens, claims and encumbrances,. The Furniture or any of Tenant’s rights under this Lease shall not be assigned or transferred by Sublandlord. No item of Furniture shall be removed from Tenant to any person, firm or corporation without the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission consent of SublandlordLandlord other than to a Permitted Transferee as set forth in Section 12.4 hereof, and any work attempted assignment or transfer in violation hereof shall, at the option of modifying any Furniture (includingLandlord, without limitationbe void. Nothing contained herein, changing the configuration ofhowever, “breaking down” or reassembly of cubicles or other modular furniture) shall be performed at Subtenantdeemed to limit or otherwise restrict Landlord’s sole cost using Sublandlord’s specified vendors right to transfer in any manner its interest in any 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal all of the Furniture or in this Lease.
(i) Tenant shall, during the term of this Lease, 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 assessed to Landlord or Tenant, together with any penalties or interest in connection therewith, excepting Federal, state or local governmental taxes, or payments in lieu thereof, imposed upon or measured by the income of Landlord. If any tax is, by law, to be assessed or billed to Landlord, Tenant at is expense will do any and all things required to be done by Landlord in connection with the levy, assessment, billing or payment of such taxes and is hereby authorized by Landlord to act for and on behalf of Landlord in any and all respects. Tenant will cause all xxxxxxxx of such taxes to Landlord to be made to it in care of Tenant and will from time to time, on request of Landlord, submit written evidence of the Subleased Premisespayment of all of the governmental obligations mentioned in this paragraph.
(j) Tenant is Responsible for wiring of the Furniture.
(k) Landlord represents and warrants that Landlord has full power, right and authority to lease the Furniture to Tenant and Landlord is lawfully possessed of good title thereto free and clear of all liens, encumbrances and creditors’ rights.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Opnext Inc)
Furniture. During Throughout the Sublease Term, at no charge to Subtenant, Subtenant shall be permitted to have beneficial use of the existing modular furniture, fixtures and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto equipment (the “Retained Furniture”). Subtenant shall accept hereby accepts the Retained Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly their “as is” condition, and acknowledges that while Sublandlord maintains ownership of the Retained Furniture during the Term, Sublandlord has made no warranty is made by Sublandlord representations or warranties of any kind with respect to the Retained Furniture, other than to represent that same is owned by Sublandlord, free and clear of all security interests or chattel mortgages, or its condition, and Sublandlord shall have no obligation to Subtenant at any time for any repair or replacement with respect to the Retained Furniture. Subtenant shall, at its sole cost and expense, maintain and repair the Retained Furniture using a qualified third party vendor, so that the Retained Furniture is in substantially the same condition and repair on the Expiration Date as it was on the date hereof, reasonable wear and tear and damage from Casualty (to the extent such Casualty is covered by Section 15 (Casualty; Taking) of the Primary Lease) excepted.
(a) If Subtenant elects to remove or dispose of any cabling currently located in or serving Retained Furniture during the Sublease Term, Subtenant shall notify Sublandlord of the same and provided Sublandlord does not remove the same from the Subleased Premises); for purposes Premises within thirty (30) days following receipt of documenting such notice from Subtenant, Subtenant shall have the current condition right to remove or dispose of the same without obligation or liability to Sublandlord.
(b) At the end of the Sublease Term, the Retained Furniture that has not been removed or disposed of during the term shall become the property of Subtenant. For the purposes herein, “Retained Furniture” means all furniture, Subtenant fixtures, and equipment listed on Exhibit D, attached hereto and incorporated herein by reference. Sublandlord shall, prior to the Sublease Commencement Date, conduct a joint walk-through of remove all furniture, fixtures and equipment located within 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 listed 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premises.Exhibit D.
Appears in 1 contract
Furniture. During 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 no charge 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, Subtenant shall be permitted to use the in then-existing modular “as is, where” is condition, and office furniture and cabling located in the 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 representation or warranty of any kind (and expressly disclaiming any implied warranties of fitness from or merchantability), other than that Sublandlord (is the owner thereof and may lawfully convey the same to Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition free of any all liens, equipment leases or other financing arrangements. Unless Subtenant timely so elects, all such furniture, cabling currently located and equipment shall immediately become Trade Fixtures, as defined in or serving the Subleased Premises); for purposes of documenting the current condition of the FurnitureSection 18, 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 subject to the proper maintenance, care and repair provisions of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by SublandlordSection 18. No item of Furniture shall be removed from the Subleased Premises without representations or warranties are made herein by Sublandlord (other than as to Sublandlord’s prior written consent. Subtenant shall not modifyownership and right to convey), reconfigure or relocate any furniture except with the advanced written permission of Sublandlord, and any work of modifying any Furniture (including, without limitation, changing as to 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 condition of such furniture). On , cabling or about equipment, the date of expiration of this Subleasesuitability thereof for Subtenant’s use, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal or any compliance of the Furniture same with applicable law. As a part of Sublandlord’s Work, Sublandlord will remove from the Subleased Premises.Premises those items of furniture listed on Exhibit D.
Appears in 1 contract
Samples: Sublease (Chiasma, Inc)
Furniture. During (a) Subject to the Termterms 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 lease from Sublandlord, at no charge to Subtenant, Subtenant shall be permitted to use additional rent the existing modular and office furniture and cabling equipment located in the Subleased Premises and described in more particular detail in Building One Premises, which Sublandlord has identified on Exhibit C 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 Subtenant and Subtenant shall lease from Sublandlord, at no additional rent the furniture and equipment located on the second floor of the Building One Expansion Space, which Sublandlord has identified on Exhibit C-2 attached hereto (the “Building One Expansion Space Furniture”). Subtenant From and after the Building One Premises Delivery Date, the term “Furniture” as used in the Sublease and this First Amendment shall accept be deemed also to include the Furniture Building One Furniture. From and after the Building One Expansion Space Delivery Date, if applicable, the term “Furniture” as used in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect the Sublease and this First Amendment shall be deemed also to include the Building One Expansion Space Furniture. Prior to the condition of any cabling currently located in or serving the Subleased Premises); for purposes of documenting the current condition of the FurnitureBuilding One Premises Delivery Date, Subtenant and Sublandlord shallshall conduct a walkthrough of the Building One Premises and the Building 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 Commencement Sublease Expiration Date, conduct a joint walk-through 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 Subleased Premises Furniture within thirty (30) days after Subtenant makes such election, either party hereto may submit the issue to arbitration with JAMS, LLC (“JAMS”) in order San Jose, California, pursuant to inventory items Section 1280, et seq. of damage 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 arbitration shall be deemed concluded. The arbitrator shall arrange for a simultaneous exchange of positions and a hearing. After the hearing, the arbitrator shall select which of the two proposed positions most closely approximates his determination of the correct position and shall have no right to propose a middle ground or disrepair in 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, refusal, or inability of the arbitrator to act, his successor shall be appointed by JAMS, or, if JAMS fails to do so within five (5) business days, as provided by the Act. The arbitrator shall attempt to decide the issue within ten (10) business days after the hearing. Both parties shall share the fee and expenses of the 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. Subtenant , Sublandlord shall use transfer the Furniture only for to Subtenant pursuant to a xxxx of sale in its as-is condition and without any representations or warranties. During the purposes for which such Furniture is intended and Term, Subtenant shall be responsible for the proper maintenancefor, care and repair of if necessary shall reimburse Sublandlord with respect to, all costs and expenses related to the Furniture, at Subtenant’s sole cost and expenseincluding all insurance, maintenance, repair, replacement, and using maintenance contractors specified by Sublandlord. No item personal property tax costs.
(d) Paragraph 1.7(e) of Furniture the Sublease shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesdeleted.
Appears in 1 contract
Samples: Sublease (Ariba Inc)
Furniture. During 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 allocated to the lease of the Furniture hereunder, which amount shall be deemed to be consideration reasonably attributable to reimburse Sublessor for Sublessor's personal property. Upon the expiration of the Sublease Term, at no charge and provided Sublessee has made all payments of Rent hereunder and Sublessee is not otherwise then in default hereunder, title to Subtenantthe Furniture shall pass to Sublessee, Subtenant shall be permitted to use the existing modular free and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”)clear of any liens, claims or encumbrances of Sublessor. Subtenant Sublessee 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"as-through of the Subleased Premises in order to inventory items of damage or disrepair in the Furnitureis" condition. Subtenant Sublessee shall use the Furniture only for the purposes for which such Furniture is intended in a careful and proper manner and shall be responsible for comply with all laws, ordinances, and regulations relating to the proper maintenancepossession, care and repair use, or maintenance of the Furniture. Sublessee, at Subtenant’s sole Sublessee's own cost and expense, shall keep the Furniture in good repair, condition, and using maintenance contractors specified by Sublandlordworking order. No item Sublessee shall ensure that the Furniture is not subjected to careless or needlessly rough usage. Sublessee, without prior written consent of Sublessor, shall not permit the Furniture shall to be removed from the Subleased Premises without Sublandlord’s Premises. If this Sublease is terminated prior written consent. Subtenant to the expiration of the Sublease Term, Sublessee shall not modifyreturn the Furniture to Sublessor in good repair, reconfigure or relocate any furniture except with the advanced written permission of Sublandlordordinary wear and tear resulting from proper use alone excepted, 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 manner as may be specified by Sublessor. Sublessee assumes all risk of such furniture)loss of and damage to the Furniture from any cause. On No loss or about damage to the date Furniture will impair any obligation of expiration of Sublessee under this Sublease, Subtenant which will purchase continue in full force and effect. In the event of loss of or damage to the Furniture from Sublandlord in its then “as-is” condition for during the sum Sublease Term, Sublessee, at the option of $10.00. Subtenant will be responsible for the timely removal of Sublessor, shall (a) place the Furniture from in good repair or (b) replace the Subleased PremisesFurniture 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 Sublease Term remain, the sole property of Sublessor, and Sublessee shall have no right, title, or interest in the Furniture except as expressly set forth in this Sublease.
Appears in 1 contract
Furniture. During As of the Sublease Commencement Date and continuing throughout the Sublease Term, at no charge to Subtenant, Subtenant shall be permitted entitled to use the existing modular and office use, free of charge, of such furniture and cabling located as is in the Subleased Sublease Premises and described in more particular detail in Exhibit C attached hereto as of the Sublease Commencement Date (the “Furniture”). SUBTENANT HEREBY AGREES THAT IT WILL ACCEPT THE FURNITURE IN ITS “AS IS, 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 accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord be responsible for maintaining personal property insurance and for paying personal property taxes with respect to the condition of any cabling currently located in or serving the Subleased PremisesFurniture (if any); , and 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 keeping such Furniture is intended in good existing order, condition and shall be responsible for the proper maintenancestate of repair (ordinary wear and tear excepted), care and repair of the Furniture, all at Subtenant’s sole cost and expense. Subtenant has no right to grant or place a lien on or permit another party to have a security interest in the Furniture, and using maintenance contractors specified by Sublandlord. No item Subtenant shall not dispose of or remove any of the Furniture shall be removed from the Subleased Premises without first obtaining Sublandlord’s prior written consent. Subtenant shall , such consent 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 unreasonably withheld, conditioned or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’s assessment of factors which include, without limitation, whether delayed. Provided Subtenant is not in Breach at 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). On expiration or about the date of expiration earlier termination of this Sublease, Sublandlord and Subtenant will purchase have agreed that upon surrender of the Sublease Premises, Sublandlord shall transfer the Furniture from Sublandlord to Subtenant and Subtenant shall accept such Furniture by execution of a Quit-Claim Xxxx of Sale in its then “as-is” condition for the sum form set forth on Exhibit C, attached hereto and by this reference made a part hereof. The terms and provisions of $10.00. Subtenant will be responsible for this Section 1.4 shall survive the timely removal expiration or earlier termination of the Furniture from the Subleased Premisesthis Sublease.
Appears in 1 contract
Furniture. (a) During the TermTerm of this Lease, Tenant shall have the right, at no charge cost to SubtenantTenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling that was previously located in within the Subleased Premises and described in more particular detail in as identified on Exhibit C attached H hereto (collectively, the “Furniture”), subject to the terms and conditions contained in this Paragraph 55. Subtenant Landlord shall accept cause the Furniture to be installed within the Premises, but Landlord shall have no obligation for any wiring or cabling to the Furniture, all of which shall be performed by Tenant in accordance with the terms of this Lease.
(b) Tenant shall: (i) at its current 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 item of Furniture issued at any time by the vendor and/or manufacturer thereof; (ii) maintain conspicuously on any of Furniture such labels, plates, decals or other markings as Landlord may reasonably place thereon, stating that Landlord is the owner of the same; (iii) furnish to Landlord such information concerning the condition, location, use and operation of the 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 unreasonably withheld; (v) not, directly or indirectly, create, incur or permit to exist any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord lien, encumbrance, mortgage, pledge, attachment or security interest on or with respect to the condition of any cabling currently located in or serving the Subleased Premises)Furniture ; 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 (vi) use the Furniture only for solely in the purposes for which such 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 intended and shall be not responsible for any repairs or service to Furniture , defects therein or failures in the proper maintenance, care and repair operation thereof. Landlord shall have no liability in connection with or arising out of the Furniturefurnishing, at Subtenant’s sole cost and expenseperformance or use of the Furniture or, and using maintenance contractors specified by Sublandlord. No item in any event, any special, indirect, incidental or consequential damages of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modifyany character, 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 ofloss of use of production facilities or equipment, “breaking down” loss of profits, property damage 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 limitationlost production, whether the performance suffered by such vendor will void applicable warranties for such furniture and whether such vendor is sufficiently experienced in the design of such furniture). On Tenant or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisesany third party.
Appears in 1 contract
Furniture. During For the TermSublease Term and subject to the terms of Article 14, at no charge to Subtenant, Subtenant Sublessee shall be permitted entitled to use the existing modular and office furniture and cabling currently located in at the Subleased Premises and described in more particular detail in Exhibit C Sublease Premises, which is shown on the Final Furniture Plan attached hereto as EXHIBIT D (the “Furniture”"FURNITURE"). Subtenant In the event that Sublessee requires additional furniture, fixtures or equipment, Sublessee shall accept acquire such furniture, fixtures or equipment at its sole cost and expense. Sublessee agrees to take possession of the Furniture in its current condition "AS IS", without relying on any representation or warranty of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect Sublessor as 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 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 only for the purposes conduct of Sublessee's business or for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of the Furnitureany other purpose. Sublessee agrees, at Subtenant’s 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 using maintenance contractors specified by Sublandlordrepair, allowing for reasonable wear and tear. No item In the event that the Furniture is damaged during the Sublease Term, Sublessor shall be under no obligation to service, maintain, repair or replace the damaged Furniture. Any installations, replacements, and substitutions of parts or accessories with respect to any of the Furniture shall be removed from paid for by Sublessee and shall constitute accessions and shall become part of the Subleased Premises without Sublandlord’s prior written consentFurniture and shall be the property of Sublessor. Subtenant The Furniture shall not modify, reconfigure or relocate any furniture except with remain at all times the advanced written permission property of SublandlordSublessor, 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 used by Sublessee during the Sublease Term free of charge. Upon the expiration 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). On or about the date of expiration earlier termination of this Sublease, Subtenant will purchase Sublessee shall return the Furniture from Sublandlord in its then “as-is” the same configuration, condition for and repair as the sum of $10.00Furniture was delivered to Sublessee, excepting only ordinary wear and tear; provided, however, that the configuration may be changed if Sublessor agrees to such change in writing, in Sublessor's sole discretion. Subtenant The Furniture will be responsible for delivered to Sublessee in the timely removal configuration shown on the Final Furniture Plan, except that if Sublessee notifies Sublessor of changes needed to such configuration prior to the commencement of Sublessee's reconfiguration by Sublessor's contractor, and such needed changes do not increase the estimated cost of such reconfiguration, Sublessor shall endeavor to incorporate the requested changes into the Final Furniture from Plan which shall then be modified/confirmed with the Subleased PremisesCommencement Date Memorandum.
Appears in 1 contract
Samples: Lease (Pc Tel Inc)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described as shown in more particular detail in the diagram attached hereto as 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense; and, and using if an applicable warranty for a particular piece of furniture is in effect, Subtenant shall use maintenance contractors specified by SublandlordSublandlord for said item. No item of Furniture shall 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 excepted), and Subtenant shall not modifybe responsible, reconfigure or relocate at Subtenant’s sole cost and expense, for curing any furniture except such items (including, with the advanced written permission of respect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Sublandlord, and any ). 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 in Sublandlord’s reasonable and 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). On or about Notwithstanding the date of expiration of this Subleaseforegoing, Subtenant Sublandlord will purchase the Furniture from Sublandlord in remove, at its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the own cost, any Furniture from the Subleased PremisesPremises requested by Subtenant prior to the Commencement Date or prior to a mutually agreed upon date, provided that Subtenant delivers to Sublandlord notice specifying the items to be removed at least ten (10) days prior to the Commencement Date or mutually agreed upon date. Following such removal, any such items so removed will no longer be deemed to be included with the definition of “Furniture” and, at Landlord’s option, the parties will jointly execute a revised Exhibit C reflecting the revised Furniture Inventory.
Appears in 1 contract
Samples: Sublease (Guidewire Software, Inc.)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C E attached hereto 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 Excepted Items, Subtenant shall either retain the Excepted Items in their respective conference rooms or may store the Excepted Items at a facility reasonably acceptable to Sublandlord, but shall not dispose of the same. At the expiration or sooner termination of this Sublease, Subtenant shall return the Excepted Items to Sublandlord in the same condition and location in the Subleased Premises as when received, reasonable wear and tear excepted. 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will cause any Furniture which Subtenant uses (including all Excepted Items) to be responsible for insured under Subtenant's policy of property insurance and will provide Sublandlord with evidence reasonably satisfactory to Sublandlord of Subtenant's compliance with the timely removal provisions of the Furniture from the Subleased Premisesthis sentence.
Appears in 1 contract
Samples: Sub Sublease (Aquantive Inc)
Furniture. During the Term, at no charge to SubtenantSubtenant except as expressly set forth in this Section 14, Subtenant shall be permitted to use the existing modular and office furniture and cabling located supplemental air conditioning unit existing in the Subleased Premises and described in (as more particular detail in particularly set forth on Exhibit C A attached hereto (hereto, the “Furniture”). Subtenant shall accept the Furniture in its current condition without any warranty condition, “AS-IS, WHERE-IS,” with no representations or warranties on behalf of fitness from Sublandlord, except as otherwise provided in this Sublease. Sublandlord (Subtenant expressly acknowledges represents that no warranty is made by Sublandlord with respect it holds title to all of the condition Furniture free and clear of any cabling currently located in liens, claims 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 Furnitureencumbrances. Subtenant shall use the Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care care, insurance and repair of the Furniture, at Subtenant’s sole cost and expense, 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 absolute discretion, unless the item of Furniture is replaced with an equivalent substitute. Subtenant shall not modify, reconfigure or relocate any furniture Furniture except with the advanced prior written permission consent 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 furnitureany 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 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 right, title and 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 (regardless of the 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 void and of no force or effect whatsoever. If Sublandlord will retain ownership of the Furniture, then on or about the Expiration Date or any earlier termination of the Term, the parties shall conduct a walk-through of the 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 using 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’s specified vendors ), which obligation shall survive the expiration 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal any earlier termination of the Furniture from the Subleased PremisesTerm.
Appears in 1 contract
Samples: Sublease (Ecotality, Inc.)
Furniture. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense; and, and using if an applicable warranty for a particular piece of furniture is in effect, Subtenant shall use maintenance contractors specified by SublandlordSublandlord for said item. No item of Furniture shall 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 excepted), and Subtenant shall not modifybe responsible, reconfigure or relocate at Subtenant’s sole cost and expense, for curing any furniture except such items (including, with the advanced written permission of respect to loss, replacing any lost item with a substantially similar new item reasonably acceptable to Sublandlord, and any ). 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 in Sublandlord’s reasonable and 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). On or about Notwithstanding the date of expiration of this Subleaseforegoing, Subtenant Sublandlord will purchase the Furniture from Sublandlord in remove, at its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the own cost, any Furniture from the Subleased PremisesPremises requested by Subtenant prior to the Commencement Date or prior to a mutually agreed upon date, provided that Subtenant delivers to Sublandlord notice specifying the items to be removed at least ten (10) days prior to the Commencement Date or mutually agreed upon date. Following such removal, any such items so removed will no longer be deemed to be included with the definition of “Furniture” and, at Landlord’s option, the parties will jointly execute a revised Exhibit C reflecting the revised Furniture Inventory.
Appears in 1 contract
Samples: Sublease (Guidewire Software, Inc.)
Furniture. During the Sublease Term, at no charge to Subtenant, Subtenant shall be permitted have the right to use the existing modular furniture, fixtures, equipment, audio visuals, IT and office furniture and cabling located in the Subleased Premises and described in more particular detail in security equipment listed on Exhibit C attached hereto B to this Sublease (the “Furniture”). Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that ) at no warranty is made by Sublandlord with respect additional Rent payable 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 FurnitureSublandlord. 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 using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition and Sublandlord makes no representations or warranties, express or implied, with regard to the condition 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 Furniture. Upon expiration or earlier termination of this Sublease, Sublandlord shall execute a Xxxx of Sale (the “Xxxx of Sale”), attached hereto as Exhibit D, to Subtenant for consideration of $1.00 from Subtenant for the sum of $10.00. Furniture, and Subtenant will be responsible for the timely removal of the shall remove all such Furniture and other personal property belonging to Subtenant from the Subleased Sublease Premises, including any wiring located in the Sublease Premises as more particularly set forth on Schedule I, and repair any damage caused by such removal; provided, that, in the event of an early termination of this Sublease as a result of a Default by Subtenant, Sublandlord shall have no obligation to deliver the Xxxx of Sale.
Appears in 1 contract
Samples: Sublease Agreement (PubMatic, Inc.)
Furniture. During the Termterm of this Lease, at no charge to Subtenant, Subtenant Tenant shall be permitted have the right to use the existing modular work stations and office furniture and cabling currently located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant Tenant shall accept the such 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition without any representation or warranty by Landlord. Tenant’s insurance as required under this Lease shall include an all risk property insurance policy for the sum Furniture for its full replacement value, and Tenant shall maintain the Furniture in good condition during the term hereof. At the expiration or earlier termination of $10.00. Subtenant will be responsible for this Lease, Tenant shall at Landlord’s option (i) return the timely removal of Furniture to Landlord in the same condition received, ordinary wear and tear excepted, or (ii) remove the Furniture from the Subleased Premises, in which case Landlord shall transfer title thereto to Tenant. Landlord and Tenant have executed and delivered this Lease as of the Lease Date specified in the Basic Lease Information. Landlord: Harbor Investment Partners, a California general partnership By: Embarcadero Road Investors LLC, a Delaware limited liability company, General Partner By: UBS Realty Investors llc, a Massachusetts limited liability company its Manager By: /s/ Txxxxxx X. Xxxxxx Name: Txxxxxx X. Xxxxxx Title: Director - Asset Management Tenant: NovaRay, Inc., a Delaware Corporation By: /s/ Mxxx X. Xxxxx Name: Mxxx X. Xxxxx Title: CEO This exhibit, entitled “Rules and Regulations,” is and shall constitute Exhibit B to the Lease Agreement, dated as of the Lease Date, by and between Landlord and Tenant for the Premises. The terms and conditions of this Exhibit B are hereby incorporated into and are made a part of the Lease. Capitalized terms used, but not otherwise defined, in this Exhibit B have the meanings ascribed to such terms in the Lease.
1. Tenant shall not use any method of heating or air conditioning other than that supplied by Landlord without the consent of Landlord.
2. All window coverings installed by Tenant and visible from the outside of the building require the prior written approval of Landlord.
3. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the Premises, except to the extent that Tenant is permitted to use the same under the terms of Paragraph 32 of the Lease.
4. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord.
5. Tenant shall not make any duplicate keys without the prior consent of Landlord.
6. Tenant shall park motor vehicles in Parking Areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, Tenant shall not unreasonably interfere with traffic flow around the Building or the Project and loading and unloading areas of other tenants. Tenant shall not park motor vehicles in designated Parking Areas after the conclusion of normal daily business activity.
7. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or the Project and shall cooperate to prevent same.
8. No person shall go on the roof without Landlord’s permission.
9. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration.
10. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight.
11. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such trailers will be permitted in the Parking Areas or on streets adjacent thereto.
12. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt.
13. Tenant is responsible for the storage and removal of all trash and refuse. All such trash and refuse shall be contained in suitable receptacles stored behind screened enclosures at locations approved by Landlord.
14. Tenant shall not store or permit the storage or placement of goods or merchandise in or around the common areas surrounding the Premises. No displays or sales of merchandise shall be allowed in the parking lots or other common areas.
15. Tenant shall not permit any animals, including, but not limited to, any household pets, to be brought or kept in or about the Premises, the Building, the Project or any of the common areas.
Appears in 1 contract
Furniture. During (a) As of the Term, at no charge to SubtenantCommencement Date and during the Term of this Sublease, Subtenant shall be permitted entitled to use use, at no additional charge, the existing modular and office furniture and cabling located existing in the Subleased Premises 3rd Floor Space as of the date of the Xxxxxx Skyway IV Letter of Intent between Sublandlord and described 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 more particular detail in Exhibit C attached hereto their “as-is” condition (the “Furniture”). The Furniture shall remain in the Subleased Premises 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 protect and 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 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 accept maintain, at its own expense, the Furniture in its current condition without any warranty good and working condition, ordinary wear and tear excepted. Subtenant shall assume all risk of fitness from 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 (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect to the condition of any cabling currently located in material damage to or serving the Subleased Premises); for purposes of documenting the current condition loss 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 If the Furniture only for is lost, injured, damaged or shows wear and tear other than ordinary wear and tear during the purposes for which such Furniture is intended and shall be responsible for the proper maintenanceTerm of this Sublease, care and repair of the Furniturethen, at Sublandlord’s option, Subtenant’s , at its sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any furniture except with the advanced written permission of Sublandlord, and any work of modifying any Furniture either (including, without limitation, changing the configuration of, “breaking down” or reassembly of cubicles or other modular furniturei) 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal 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 from at the Subleased Premisesend 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 beyond any applicable notice and cure period under this Sublease at the time Subtenant’s Furniture Notice is delivered or on the then applicable expiration date of this Sublease. If Subtenant’s Furniture Notice is timely received, then Sublandlord shall convey to Subtenant, upon payment of the amount of $100,000, title to the Furniture through a Xxxx of Sale in a form reasonably agreed upon by the parties.
Appears in 1 contract
Furniture. During Effective from and after the Term, at no charge to SubtenantCommencement Date and until the Expiration Date, Subtenant shall be permitted have the right to use the existing modular furniture, fixtures and office furniture and cabling equipment, if any, located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (collectively, the “Furniture”), as listed on Exhibit D attached hereto and made a part hereof, as of the Commencement Date. Subtenant shall accept the Furniture in its current condition without any warranty of fitness from Sublandlord (Subtenant expressly acknowledges that Sublessor makes no warranty is made by Sublandlord representations with respect to the Furniture or the condition of any cabling currently located in thereof. Subtenant acknowledges and agrees that: (i) Sublessor has made no representations or serving warranties whatsoever as to the Subleased Premises); for purposes of documenting the current title or condition of the Furniture, Subtenant except that Sublessor represents that Sublessor is the owner of, there are no encumbrances against, and Sublandlord shallSublessor has the right to permit use of , 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. ; (ii) Subtenant shall use has examined 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 using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord accepts same in its then “as-is” condition in all respects; (iii) Subtenant shall neither sell nor transfer all or any portion of the Furniture; (iv) the Minimum Rent and Additional Rent payable by Subtenant pursuant to this Sublease does not include any charge whatsoever for Subtenant’s use of the sum Furniture; (v) Subtenant shall repair and maintain the Furniture throughout the term of $10.00. the Sublease, at its sole cost and expense; and (vi) the Furniture shall remain upon and be surrendered with the Subleased Premises at the expiration of the term of this Sublease, subject to ordinary wear and tear, and Subtenant will be responsible for the timely removal shall not remove any of the Furniture from the Subleased PremisesPremises upon vacating and surrendering the Subleased Premises at the expiration or earlier termination of the term of this Sublease. Anything to the contrary hereinabove notwithstanding, Sublessor agrees that it shall remove certain items of furniture, 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. During the Term, at no charge to Subtenant, Subtenant shall be permitted to use the existing modular and office furniture and cabling located in the 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 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall 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 advanced 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 on 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). On or about Notwithstanding anything to the date of expiration of this Subleasecontrary herein, Subtenant Sublandlord will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the remove any Furniture from the Subleased PremisesPremises requested by Subtenant prior to the Commencement Date, provided that Subtenant delivers to Sublandlord notice specifying the items to be removed at least ten (10) business days prior to the Commencement Date. Following such removal, any such items so removed will no longer be deemed to be included with the definition of “Furniture”.
Appears in 1 contract
Samples: Sublease (Pain Therapeutics Inc)
Furniture. During In consideration of the Termsum of Three Thousand Dollars ($3,000), at no charge the receipt of which is hereby acknowledged, and for entering into this Sublease, Sublessor does hereby grant to Subtenant, Subtenant shall be permitted to use the existing modular Sublessee all of Sublessor’s office and office conference room furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto as of August 8, 2016 (the “Furniture”). Subtenant shall accept Sublessor and Sublessee acknowledge that an inventory of the Furniture has been provided to Sublessee from Sublessor a copy of which is annexed hereto as Exhibit B. The Furniture is provided 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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). On or about the date of expiration of this Sublease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition and “where-is” condition, without representation or warranty of any type, expressed or implied, including merchantability or fitness for a particular purpose, except that Sublessor hereby represents and warrants that it has legal right, title and interest in and to the Furniture, the Furniture is free and clear of all liens and encumbrances, and Sublessor has the power and authority to sell the Furniture to Sublessee. Sublessor hereby expressly waives any obligation to repair, maintain or replace the Furniture which shall be the sole and exclusive obligation of Sublessee. Sublessee, as the sole owner of the Furniture, shall be obligated to remove the same upon termination of the Sublease or such earlier time as Sublessee may elect. Sublessor shall provide xxxx of sale for the sum same, which shall be without any representation or warranty, except as expressly provided above. Sublessee acknowledges that as part of $10.00. Subtenant will be responsible for the timely removal Landlord’s approval of the Furniture from Sublease, Sublessor is hereby conveying ownership to the Subleased Premisesgenerator used in connection with the Master Premises to Landlord and such generator shall not be included in the Furniture.
Appears in 1 contract
Furniture. During Subtenant acknowledges that Sublandlord shall deliver possession of the TermSubleased Premises with the furniture (some of which is disassembled) identified on the furniture list attached as Exhibit B hereto ("Leased Furniture"), exclusive of Sublandlord's trade fixtures, business equipment, computer systems, and telephone system and employee's furnishings, except as otherwise expressly provided in this Sublease. The Leased Furniture will remain the property of Sublandlord at no charge to Subtenantall times. Upon the Expiration Date, Subtenant or the earlier termination of this Sublease, it shall be permitted Subtenant's obligation to use remove Subtenant's other furniture, fixtures, business equipment and employee possessions (i.e. other than the existing modular and office furniture and cabling located in Leased Furniture) from the Subleased Premises and described in more particular detail in Exhibit C attached hereto (to deliver the “Furniture”). Subtenant shall accept the Subleased Premises and Leased Furniture in its current present condition without any warranty and repair, subject to ordinary wear and tear (and damage by fire or other casualty excepted if Subtenant has properly insured same and provided the proceeds of fitness from Sublandlord (Subtenant expressly acknowledges that no warranty is made by Sublandlord with respect such coverage are paid over to the condition Sublandlord at the expiration or sooner termination of this Sublease, unless Subtenant has used such proceeds to replace such furniture), in broom clean condition, and free of other personal property and debris. Sublandlord has not and does not now make any cabling currently located representations or warranties, express or implied, with regard to the Leased Furniture and the Subtenant agrees to accept same in or serving its present "as is" condition, subject to ordinary wear and tear between the Subleased Premises); for purposes of documenting the current condition of the Furniture, Subtenant date hereof 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. Subtenant shall not modify, reconfigure or relocate any dismantle and/or remove the furniture provided hereunder except with Sublandlord's consent (and if consent is so granted 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) same shall be performed stored and insured as reasonably required by Sublandlord at Subtenant’s sole 's cost using Sublandlord’s specified vendors or an alternate vendor approved in writing by Sublandlord and expense); provided, however, if within sixty (such approval to be granted or withheld on Sublandlord’s good faith discretion, based upon Sublandlord’s assessment 60) days of factors which include, without limitation, whether the performance by such vendor will void applicable warranties for such furniture full execution and whether such vendor is sufficiently experienced in the design of such furniture). On or about the date of expiration delivery of this Sublease, Subtenant shall request that not more than 10% of the furniture be removed, the same shall be stored or disposed of at Sublandlord's cost and expense (in which event, Subtenant will purchase not have an obligation to return or maintain such furniture during the term; nor will Sublandlord have an obligation to reinstall it). Sublandlord shall not have any obligation to remove and store Leased Furniture from Sublandlord in its then “as-is” condition during the prosecution of the Initial Alterations, except for the sum of $10.00. furniture which Subtenant will may request to be responsible for permanently removed as provided in the timely removal of the Furniture from the Subleased Premisesimmediately preceding sentence.
Appears in 1 contract
Samples: Sublease (Dial Global, Inc. /De/)
Furniture. During the Termterm of this Lease, Tenant shall have the right, at no charge additional charge, to Subtenantuse any or all furniture systems and associated wiring currently located within the Building and owned by Landlord, Subtenant and the right to use any additional furniture systems located elsewhere in the Park and owned by Landlord, that are necessary to complete the Tenant’s Work in the Initial Premises and furnish the same. All of the furniture Tenant has elected to use is 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 permitted to use the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto (the “Furniture”)as Exhibit F and incorporated herein. 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 All such furniture and whether 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 vendor is sufficiently experienced in furniture systems and equipment at the design of such furniture). On or about the date of expiration of this SubleaseLease, Subtenant will purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.001.00, but shall not have such right to purchase if Tenant elects to terminate this Lease early pursuant to Sections 2.5 or 2.7 hereof. Subtenant will be responsible for All furniture systems and wiring are being made available to Tenant in their current as-is condition, without any representations or warranties by Landlord regarding the timely removal condition of the Furniture from furniture and wiring or their suitability for Tenant’s use, and Tenant shall, at its expense, maintain such furniture and equipment in good condition and repair during the Subleased Term, normal wear and tear and casualty damage excepted. Upon completion of the Tenant’s Work in the Initial Premises, Tenant shall have no further rights to select additional furniture for use in the Initial 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 the existing modular and office furniture and cabling located in the Subleased Premises and described in more particular detail in Exhibit C attached hereto hereto, as well as all equipment and cabling associated therewith (the “Furniture”). Subtenant shall have the right, by written notice delivered to Sublandlord prior to the Commencement Date, to notify Sublandlord of any items of the Furniture which Subtenant does not want to use in the Subleased Premises and, 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, and using maintenance contractors specified by Sublandlord. No item The policy limits of Subtenant’s insurance for the Furniture shall be removed from at least $500,000 on an occurrence form basis under Subtenant’s business personal property policy which Subtenant is obligated to maintain under the Subleased Premises without Sublandlord’s prior written consentMaster 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). On 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 SubleaseSection 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 will shall have the right to purchase the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. 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 will 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 timely proper removal of the Furniture from the Subleased PremisesPremises and the Building in accordance with the terms and provisions of the Master Lease.
Appears in 1 contract
Samples: Sublease (Glu Mobile Inc)
Furniture. During (i) Not later than two business days after Landlord has executed this Sublease to evidence its consent thereto, Sublessor shall sell to Sublessee and Sublessee shall purchase from Sublessor all of the Termfurniture listed on Exhibit D to this Sublease (the "Personal Property"), at no charge for a total purchase price of $100,000. Sublessor represents and warrants to SubtenantSublessee as of the execution of this Sublease and as of the date of transfer, Subtenant that Sublessor has 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 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 be permitted transfer title to use the existing modular and office furniture and cabling located Personal Property by a Bill of Sale which shall include the warranties set forth above. Subxxxxor shall remove the two television sets in the Subleased Premises Conference Room and described the television set in more particular detail in Exhibit C attached hereto (the “Furniture”). Subtenant shall accept the Furniture in its current condition without lobby, and restore any warranty of fitness damage resulting 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 Furnituresuch removal, Subtenant and Sublandlord shall, prior to within ten business days after the Commencement Date, conduct a joint walk-through and if Sublessor fails to do so, Sublessee shall have the right to do so and offset the costs thereof against any and all amounts due to Sublessor hereunder.
(ii) Sublessee grants to Sublessor, effective upon completion of the Subleased Premises in order purchase and sale of the Personal Property, a license to inventory use those items of damage or disrepair the Personal Property which are located 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, care and repair of the Furniture, at Subtenant’s sole cost and expense, and using maintenance contractors specified by Sublandlord. No item of Furniture shall be removed from the Subleased Premises without Sublandlord’s prior written consent. 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 Remaining Space 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). On or about the date of the execution of this Sublease by Sublessor and Sublessee, without additional charge, in Sublessor's business operations in the Remaining Space during the balance of First Sublease Period. Sublessor shall keep such items in good order and repair, reasonable wear and tear and casualty excepted, and shall surrender the same to Sublessee at the conclusion of the First Sublease Period. Such license shall be irrevocable during the First Sublease Period unless there has occurred a default (after expiration of any applicable period for cure) by Sublessor under this Sublease, Subtenant will purchase Sublease or the Furniture from Sublandlord in its then “as-is” condition for the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased PremisesMaster Lease.
Appears in 1 contract
Samples: Sublease (Genta Incorporated /De/)
Furniture. During the Term, at no charge to SubtenantTerm of this Sublease, Subtenant shall be permitted to have the use of the existing modular and office furniture and cabling located in the Subleased Sublease Premises and described in more particular detail in listed on Exhibit C "C" attached hereto and made a part hereof (the “"Existing 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 joint walk-through of the Subleased Premises in order to inventory items of damage or disrepair Any furniture in the Furniture. Subtenant shall use Sublease Premises not included in the Existing Furniture only for the purposes for which such Furniture is intended and shall be responsible for the proper maintenance, care and repair of the Furnitureremoved by Sublandlord, at Subtenant’s its sole cost and expense, prior to the Sublease Commencement Date. Subtenant acknowledges that Subtenant is leasing the Existing Furniture in its "as-is" condition, and using maintenance contractors specified by SublandlordSublandlord is not making any representation or warranty concerning the condition of the Existing Furniture. No item Subtenant agrees that Sublandlord shall have no liability whatsoever for any claims arising in connection with Subtenant's use of Furniture 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 removed from the Subleased Premises without Sublandlord’s prior written consentperformed by a contractor designated by Sublandlord at Subtenant's sole cost and expense. Subtenant shall not modifyreturn to Sublandlord all such Existing Furniture on the expiration or earlier termination of this Sublease in the same condition as same were in on the date the Sublease Premises were first made available by Sublandlord to Subtenant, reconfigure or relocate any furniture except with reasonable wear and tear and damage by casualty excepted, unless Subtenant purchases the advanced written permission Existing Furniture at the end of the Term pursuant to the terms hereof. During the Term of the Sublease, the Existing Furniture shall remain the property of Sublandlord, and any work . Prior to the end 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). On or about the date of expiration 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 from within ten (10) days of receipt of the Removal Notice. If Subtenant elects to purchase the Existing Furniture, Sublandlord and Subtenant shall 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 arbitrator shall be appointed within fifteen (15) days after the Outside Agreement Date. Sublandlord and Subtenant may consult with 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 the 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 its then “as-is” condition for connection with the sum of $10.00. Subtenant will be responsible for the timely removal of the Furniture from the Subleased Premisessale thereof to Subtenant, including sales and use taxes, if any.
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Samples: Sublease Agreement (Planetout Inc)