Common use of Furniture Clause in Contracts

Furniture. Tenant has advised Landlord that it does not desire to use all of the Furniture and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed on Exhibit J attached hereto and made a part hereof (the “Removed Furniture”) (The furniture listed on Exhibit J shall be 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.

Furniture. For no additional charge, Landlord hereby leases to Tenant has advised and Tenant hereby leases from Landlord that it does not desire to use all those items of furniture and artwork situated in the Furniture and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed on Exhibit J attached hereto and made a part hereof Premises (the “Removed FurnitureFURNITURE”) and described on the inventory list attached hereto as EXHIBIT C (The furniture listed on Exhibit J shall be referred to herein as the “Retained FurnitureINVENTORY LIST”). Landlord hereby represents to Tenant that Landlord owns the Furniture and has agreed the right to do so, subject lease the Furniture to Tenant as described herein. Landlord and Tenant acknowledge that prior to the following terms and conditions: a. All Lease Commencement Date the parties will conduct a “cubeswalk-through” 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 inspection of the Premises immediately above where it 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 currently located in good condition and left there so that it can be rerepair. Subject to such “walk-used 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 Term of this Lease, Tenant shall maintain and repair the Furniture as reasonably necessary, and shall insure the same 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 future; d. Landlord (and/or its authorized agent(s)) shall have the right to be present during the processes described in clauses a., b. same condition 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 repair as on the Lease shall be replaced in its entirety Commencement Date, reasonable wear and tear and damage 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 $10,000.00casualty excepted.

Furniture. The Original Lease is hereby amended by inserting the following as a new Section 16.18: “Landlord’s Furniture. Landlord hereby leases to Tenant has advised Landlord that it does not desire to use all of the Furniture and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession ofwithout separate charge, and to delete Tenant hereby hires from Landlord, the terms of personal property currently located within 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 Premises (the “Removed Furniture”) (The furniture listed on Exhibit J shall be referred to herein as the “Retained FurnitureIncluded Personal Property”). Landlord has agreed to do so, subject makes no representation as to the following terms and conditions: a. All “cubes” and other similarly constructed furniture which is part condition or usability of the Removed FurnitureIncluded Personal Property. Tenant shall indemnify and hold harmless Landlord, shalland 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 injury, damage or other liability suffered in connection with the Included Personal Property. Tenant shall (i) accept the Included Personal Property in its “as is” condition as of the date hereof, as the same may be affected by reasonable wear and tear after the date hereof, (ii) insure the Included Personal Property against loss or damage by fire or other casualty (and all of the provisions of this Lease applicable to insurance required to be carried by Tenant shall be applicable thereto), and (iii) surrender the Included Personal Property to Landlord in the Premises upon the expiration or sooner termination of this Lease in the same condition as of the date hereof, as the same may be affected by reasonable wear and tear. If Tenant desires to remove any or all of the Included Personal Property from the Premises, it shall notify Landlord of its intention with a specific list of the specified property. Landlord shall either inform Tenant that (i) Tenant shall dispose the applicable Included Personal Property, in which event the removal and disposal of the applicable Included Personal Property shall be at the Tenant’s sole cost and expenses of Tenantexpense, be disassembled by Tenant, and each piece or component thereof shall be labeled so that the pieces can be readily re-assembled; b. (ii) Tenant shall have moved move, at its sole cost and expense, the Removed Furniture applicable Included Personal Property to a location at the Project designated by Landlord on Landlord. In the first floor latter event, the cost and expense 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 storage will 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 borne by 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 obligation to replace or responsibilities with respect to restore any such Included Personal Property so removed upon 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 $10,000.00Expiration Date.”

Furniture. For no additional charge, Landlord hereby leases to Tenant has advised and Tenant hereby leases from Landlord those items of furniture and artwork situated in the Premises (the "FURNITURE") and described on the inventory list attached hereto as EXHIBIT C (the "INVENTORY LIST"). Landlord hereby represents to Tenant that it does not desire to use all of Landlord owns the Furniture and desires has the right to remove some 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 Furniture from Premises in order to confirm the Premises. In particular, Tenant has requested Landlord to take possession ofcompleteness and accuracy of the furniture shown on the Inventory List, and to delete from give Tenant the terms opportunity to confirm that the Furniture is in good 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 Term of this Lease, Tenant shall maintain and repair the Furniture as reasonably necessary, and shall insure the same 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 from Exhibit C to the Lease, all of the Furniture not listed on Exhibit J attached hereto tear 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 damage 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 $10,000.00casualty excepted.

Furniture. For no additional charge, Landlord hereby leases to Tenant has advised and Tenant hereby leases from Landlord that it does not desire to use all those items of furniture situated in the Furniture Premises (the "FURNITURE") and desires to remove some of described on the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed on Exhibit J inventory list attached hereto and made a part hereof as EXHIBIT C (the “Removed Furniture”) (The furniture listed on Exhibit J shall be referred to herein as the “Retained Furniture”"INVENTORY LIST"). Landlord has agreed and Tenant acknowledge that Tenant is currently using said Furniture and Tenants 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 Term of this Lease, Tenant shall maintain and repair the Furniture as reasonably necessary; provided, however, that Tenant shall be entitled to do soremove and store and/or reconfigure the Furniture (e.g., subject 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 and repair as on the Lease Commencement Date, reasonable wear and tear and damage by casualty excepted; provided, however, that Tenant shall not be required to relocate the Furniture to the following terms and conditions: a. All “cubes” and other similarly constructed furniture which is part of same location within the Removed Furniture, shall, at Premises (but shall relocate 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 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 replacement furniture purchased by Tenant and placed into service in the Premises during the Lease Term shall remain the personal property of Tenant and shall not be surrendered to Landlord on the first floor expiration or earlier termination 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 $10,000.00this Lease.

Furniture. Tenant has advised Landlord that it does not desire to Throughout the Sublease Term, Subtenant shall have beneficial use all of the Furniture furniture, fixtures and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed on Exhibit J attached hereto and made a part hereof equipment (the “Removed Furniture”) (The furniture listed on Exhibit J shall be referred to herein as the “Retained Furniture”). Landlord Subtenant hereby accepts the Retained Furniture in their “as is” condition, and acknowledges that while Sublandlord maintains ownership of the Retained Furniture during the Term, Sublandlord has agreed to do so, subject made no representations or warranties of any kind with respect to the following terms and conditions: a. All “cubes” and other similarly constructed furniture which is part of the Removed 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 the its sole cost and expenses of Tenantexpense, be disassembled by Tenantmaintain and repair the Retained Furniture using a qualified third party vendor, and each piece or component thereof shall be labeled so that the pieces can be readily re-assembled; b. Tenant shall have moved Retained Furniture is in substantially the Removed Furniture to a location designated by Landlord same condition and repair on the first floor of Building 3 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 ProjectPrimary Lease) excepted. (a) If Subtenant elects to remove or dispose of any Retained Furniture during the Sublease Term, in a commercially reasonable manner so as to protect the Removed Furniture from damage; c. All wiring connected to the Removed Furniture Subtenant shall be pulled into the ceiling space notify Sublandlord of the same and provided Sublandlord does not remove the same from the Subleased Premises immediately above where it is currently located and left there so that it can be re-used in the future; d. Landlord within thirty (and/or its authorized agent(s)30) days following receipt of such notice from Subtenant, Subtenant shall have the right to be present 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 processes described in clauses a.term shall become the property of Subtenant. For the purposes herein, b. and c. above“Retained Furniture” means all furniture, fixtures, and Tenant shall comply with all reasonable requests of Landlordequipment listed on Exhibit D, or its authorized agentattached hereto and incorporated herein by reference. Sublandlord shall, concerning such work; e. Upon delivery of the Removed Furniture prior to the space identified by Landlord in Building 3Sublease Commencement Date, remove all furniture, fixtures and equipment located within the Premises and not listed on 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.D.

Furniture. Tenant has advised Landlord that it The furniture listed on Exhibit B attached hereto (the “Furniture”) and made a part hereof shall remain in the Premises and shall be available for use by Subtenant during the Term. Sublandlord makes no representation, express or implied, in respect of the condition of the Furniture. Subtenant hereby accepts the Furniture in its “as is” “where is” condition. Subtenant shall maintain the Furniture in the same good order, condition, and repair, as Sublandlord is delivering the Furniture to Subtenant, reasonable wear and tear excepted. If Subtenant does not desire exercise the Termination Option, Sublandlord shall convey the Furniture to use all Subtenant for a nominal consideration by means of a ▇▇▇▇ of sale and Subtenant shall be responsible for removing the Furniture from the Premises on or before the Expiration Date; provided, however, if Subtenant exercises its Termination Option as provided in Section 3 above, Sublandlord shall retain ownership of the Furniture and desires Subtenant shall have no obligation to remove some the Furniture from the Premises at the end of the Term. Subtenant shall have the right, at Subtenant’s sole cost and expense, to move any of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from store the terms of Furniture offsite or move within the Lease and from Exhibit C to the Lease, all Premises any of the Furniture not listed on Exhibit J which is built-in or otherwise attached hereto 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 made a part hereof (ii) be deemed to be the “Removed Furniture”) owner of the moved (The furniture listed on Exhibit J if moved from the Premises), stored or detached or disassembled Furniture and shall be referred obligated to herein as remove the “Retained Furniture”). Landlord has agreed to do so, subject same at or prior to the following terms and conditions: a. All “cubes” and other similarly constructed furniture which is part end 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 $10,000.00Term.

Furniture. Tenant has advised Landlord that it does So long as Subtenant is not desire in default of the terms and conditions of this Sublease, during the term of this Sublease, Subtenant shall be permitted to use all Sublandlord's furniture (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 maintain throughout the term of this Sublease insurance for the Furniture insuring the full replacement cost thereof, and such policy shall be issued by companies licensed to do business in New York and shall be rated “A”X or better by Best's Rating Guide, and Subtenant shall deliver to Sublandlord a fully paid for policy or certificate of insurance with respect 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, in the same condition as delivered to Subtenant on the Commencement Date, reasonable wear and tear accepted. Subtenant shall be responsible for any applicable transfer taxes imposed by any governmental authority (“Transfer Taxes”) upon the transfer of the Furniture upon the End of Term. Subtenant shall indemnify, defend and desires hold Sublandlord harmless from and against any loss, cost or expense incurred as a result of any damage to remove some the Furniture or any repairs required thereto, or any failure to pay the Transfer Taxes. Subtenant shall be responsible, at its sole cost and expense, for the repairs, maintenance and replacement, to the extent necessary, of the Furniture from during the Premisesterm of this Sublease. In particularExcept as otherwise set forth herein, 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 Subtenant (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)i) shall have no ownership interest in or to the right Furniture, (ii) shall not be entitled to be present during allow any other party to use the processes described in clauses a., b. and c. aboveFurniture, and Tenant (iii) shall comply with all reasonable requests not be entitled to dispose of, encumber or otherwise convey the Furniture. This Article shall survive the termination 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 $10,000.00this Sublease.

Furniture. For no additional charge, Landlord hereby leases to Tenant has advised and Tenant hereby leases from Landlord that it does not desire to use all those items of furniture situated in the Furniture Premises and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed on Exhibit J attached hereto and made a part hereof Interim Premises (the “Removed Furniture”) and described on the inventory list attached hereto as Exhibit C (The furniture listed on Exhibit J shall be referred to herein as the “Retained FurnitureInventory List”). Landlord has agreed and Tenant acknowledge that Tenant is currently using said Furniture and Tenants 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 Term of this Lease, Tenant shall maintain and repair the Furniture as reasonably necessary; provided, however, that Tenant shall be entitled to do soremove and store and/or reconfigure the Furniture (e.g., subject 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 Interim Premises not being relocated to the following terms Premises), Tenant shall surrender the Furniture to Landlord in substantially the same condition and conditions: a. All “cubes” repair as on the Lease Commencement Date, reasonable wear and other similarly constructed tear and damage by casualty excepted; provided, however, that Tenant shall not be required to relocate the Furniture to the same location within the Premises or Interim Premises (but shall relocate the Furniture to the Premises or 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 Premises during the Lease Term shall remain the personal property of Tenant and shall not be surrendered to Landlord on the expiration or earlier termination of this Lease, provided, however, that any new or replacement furniture for which is part Landlord’s Contribution (hereinafter defined) was applied shall constitute Furniture and shall be surrendered to Landlord on the expiration or earlier termination of this Lease in accordance with this Section 1.4. Notwithstanding the Removed Furnitureforegoing to the contrary, shallin 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 Tenant shall dispose of such replaced Furniture at the Tenant’s sole cost and expenses of Tenant, be disassembled by Tenant, and each piece or component thereof shall be labeled so that expense. After 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 completion 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. Initial Installations 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 update the furniture inventory list in Exhibit C. If, during the Lease Term and any renewals thereof, Tenant determines that Furniture that is at least five (5) years old is at an end of Landlordlife stage due to ordinary wear and tear or casualty and is not economically feasible to repair (“Obsolete Furniture”), or its authorized agent, concerning such work; e. Upon delivery of the Removed Furniture to the space identified by Tenant shall so notify Landlord in Building 3writing and give Landlord the opportunity to take possession of such Obsolete Furniture. In the event that Landlord does not elect to take possession of said Obsolete Furniture, Exhibit C to the Lease Tenant shall be replaced in its entirety by Exhibit C attached hereto, allowed to dispose of said Obsolete Furniture at Tenant’s sole cost and expense and Landlord and Tenant shall have no further rights or responsibilities with respect update the inventory of Furniture listed on Exhibit C, provided, however, that if Tenant sells any of such Obsolete Furniture, all sales proceeds net of any usual and customary, third-party out-of-pocket costs relating to the Removed Furniture; and f. Tenant such sale shall provide Landlord with evidence of the cost paid by Tenant be promptly remitted 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 $10,000.00Landlord.

Furniture. Tenant has advised Landlord that it does not desire to use all During the term of the Furniture and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the this 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 right, at no additional charge, to a location designated use any or all furniture systems and associated wiring currently located within the Building and owned by Landlord on Landlord, and the first floor of Building 3 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 Projectfurniture Tenant has elected to use is described in Exhibit F, in a commercially reasonable manner so which has not been prepared as of the date of this Lease, but which will be prepared by Tenant and delivered to protect Landlord within 60 days after the Removed Furniture from damage; c. All wiring connected date of this Lease. Once such furniture list is delivered to the Removed Furniture Landlord it shall be pulled into the ceiling space attached hereto as Exhibit F and incorporated herein. All such furniture and wiring shall only be used solely in connection with Tenant’s use of the Initial Premises immediately above where during term of this Lease, as it is currently located and left there so that it can may be re-used in the future; d. Landlord (and/or its authorized agent(s)) extended. Tenant shall have the right to be present during purchase such furniture systems and equipment at the processes described expiration of this Lease, for the sum of $1.00, 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. All furniture systems and wiring are being made available to Tenant in clauses a.their current as-is condition, b. without any representations or warranties by Landlord regarding the condition of the furniture and c. abovewiring or their suitability for Tenant’s use, and Tenant shall comply with all reasonable requests of Landlordshall, or at its authorized agentexpense, concerning maintain such work; e. furniture and equipment in good condition and repair during the Term, normal wear and tear and casualty damage excepted. Upon delivery completion of the Removed Furniture to Tenant’s Work in the space identified by Landlord in Building 3Initial Premises, 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 select additional furniture for use in 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 $10,000.00Initial Premises.

Furniture. Landlord acknowledges that Tenant has advised Landlord that it does not desire to may use all certain furniture, equipment, and/or other items either owned by the previous tenant and/or occupants of the Furniture and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed 14 C▇▇▇▇▇ Premises (as shown on Exhibit J Schedule 2.2.1 attached hereto and made a part hereof (incorporated herein by this reference, the “Removed Furniture”) (The furniture listed on Exhibit J shall be referred to herein as the “Retained 14 C▇▇▇▇▇ Premises Furniture”). Landlord has agreed acknowledges and agrees that Tenant shall be entitled to do soown, subject to the following terms use, maintain, and conditions: a. All “cubes” and other similarly constructed furniture which is part may dispose of the Removed 14 C▇▇▇▇▇ Premises Furniture at its own discretion. Tenant acknowledges and agrees that Landlord shall not be liable for any repair, maintenance, replacement or other cost or expenses associated with such 14 C▇▇▇▇▇ Premises Furniture. Tenant shall release Landlord from any and all liability, shalldamages, at the sole cost costs and expenses of Tenantin connection with said 14 C▇▇▇▇▇ Premises Furniture. It is hereby understood and agreed that Landlord makes no representations or warranties, be disassembled by Tenantexpress, and each piece implied, 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 Projectotherwise, 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 connection with such 14 C▇▇▇▇▇ 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. aboveFurniture, and Tenant shall comply remove the 14 C▇▇▇▇▇ Premises Furniture on the expiration date hereof or such earlier termination of the Lease. In addition, on or prior to January 31, 2022, Landlord and Tenant shall jointly select furniture, fixtures, equipment and other property from the 18 C▇▇▇▇▇ Building for Tenant’s use in the 18 C▇▇▇▇▇ Premises (the “18 C▇▇▇▇▇ Premises Furniture”), and Landlord shall provide Tenant a list of the selected and finalized 18 C▇▇▇▇▇ Premises Furniture prior to the 18 C▇▇▇▇▇ Commencement Date. Landlord acknowledges and agrees that Tenant shall be entitled to own, use, maintain, and may dispose of the 18 C▇▇▇▇▇ Premises Furniture at its own discretion. Tenant acknowledges and agrees that Landlord shall not be liable for any repair, maintenance, replacement or other cost or expenses associated with such 18 C▇▇▇▇▇ Premises Furniture. Tenant shall release Landlord from any and all reasonable requests of Landlordliability, damages, costs and expenses in connection with said 18 C▇▇▇▇▇ Premises Furniture. It is hereby understood and agreed that Landlord makes no representations or warranties, express, implied, or its authorized agentotherwise, concerning in connection with 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 hereto18 C▇▇▇▇▇ Premises Furniture, and Tenant shall have no further rights remove the 18 C▇▇▇▇▇ Premises Furniture on the expiration date hereof or responsibilities with respect to the Removed Furniture; and f. Tenant shall provide Landlord with evidence such earlier termination 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 $10,000.00Lease.

Furniture. (a) Landlord hereby leases to Tenant has advised Landlord that it does not desire to use all the items of personal property identified as the Furniture and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from in Exhibit C to the Lease, all of the Furniture not listed on Exhibit J attached H hereto and made a part hereof (the “Removed Furniture”) (The furniture listed on Exhibit J shall be referred to herein as the “Retained Furniture”). The term of this lease of the Furniture shall 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 has upon the expiration or earlier termination of this Lease. (b) Tenant accepts the Furniture in its “as is” “where is” condition and Tenant acknowledges that Landlord makes no warranty 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 do soby 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 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 the 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 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. If at any time Tenant determines that it no longer wishes to use and lease any of the Furniture, then Tenant will provide Landlord notice thereof and Landlord may either remove such Furniture at Landlord’s sole cost or permit Tenant to dispose of such Furniture as Tenant deems appropriate, at Tenant’s cost, and in either event, have such Furniture excluded from the obligations under and no longer be subject to the following terms and conditions: a. All “cubes” conditions of this Lease. The notice shall provide that Landlord shall have thirty (30) days to either notify Tenant of its election to remove and other similarly constructed furniture which is part to remove such Furniture or to notify Tenant of the Removed its election to abandon such Furniture, shalland after receipt of such abandonment notice or lapse of thirty (30) days without notice, at the sole cost and expenses Tenant may dispose of Tenant, be disassembled by Tenant, and each piece or component thereof shall be labeled so that the pieces can be readily re-assembled;such Furniture as it deems appropriate without any obligation to reimburse Landlord for such property. 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 (e) The Furniture shall at all times be pulled into and remain 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 exclusive property 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 title therein. The Furniture or any of Tenant’s rights under this Lease shall not be assigned or responsibilities with respect to the Removed Furniture; and f. Tenant shall provide Landlord with evidence of the cost paid transferred by Tenant to third parties any person, firm or corporation without the prior written consent of Landlord and any attempted assignment or transfer in violation hereof shall, at the option of 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 move 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 Removed Furniture without the written consent of Landlord (or as otherwise contemplated in Exhibit B hereto); and (iii) Tenant will keep and maintain the Furniture at the Premises. (f) Landlord 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, the costs of which shall be borne by 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 dated as of the date first above written. If the execution date is left blank, this Lease shall be deemed executed as of the date first written above. LANDLORD: NOVELLUS SYSTEMS, and Landlord shall reimburse Tenant for one-half of said costINC., up to a maximum of $10,000.00California corporation By: /s/ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ Title: Executive Vice President, CAO Execution Date: May 11, 2010 TENANT: INTERMOLECULAR, INC., a Delaware corporation By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: Chief Financial Officer Execution Date:

Furniture. Tenant has advised Landlord that it does not desire Subtenant shall have, as appurtenant to the Sublet Premises, the use all during the Term of the Furniture furniture and desires to remove some equipment located in the Sublet Premises as of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not Term Commencement Date as more fully listed on Exhibit J attached hereto and made a part hereof C (collectively, the “Removed Furniture”) (The furniture listed on Exhibit J shall be referred to herein as the “Retained Furniture”). Landlord Subtenant acknowledges that it has agreed had the opportunity to do so, subject to inspect the following terms Furniture and conditions: a. All shall accept the Furniture in its “cubesas is” and other similarly constructed furniture which is part condition of the Removed FurnitureTerm 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 ▇▇▇▇▇▇▇▇▇ shall be constituted as conveying to Subtenant any interest in the Furniture other than its interest as a Subtenant. Subtenant shall, at its expense, protect and defend the interest of Sublandlord in the Furniture against all third party claims; keep the Furniture free and clear of any mortgage, security interest, pledge, lien, charge, claim, or other encumbrance (collectively, a “Lien”), except any Lien arising solely through acts of Sublandlord. The Furniture shall be used by Subtenant only at the Premises and in the ordinary conduct of its business. In the event Subtenant elects at any time during the Term not to utilize any of the Furniture, Subtenant shall notify Sublandlord in writing of the items of furniture Tenant elects not to use and Subtenant shall be responsible, at Subtenant’s sole cost and expenses of Tenantexpense, be disassembled by Tenant, and each piece or component thereof shall be labeled so that for transporting the pieces can be readily re-assembled; b. Tenant shall have moved the Removed Furniture it elects not to use to a storage location designated in writing by Landlord on Sublandlord. Subtenant shall, at its expense, maintain and replace 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 remains in the future; d. Landlord (and/or its authorized agent(s)) shall have the right same condition as when delivered to be present during the processes described in clauses a.Subtenant, b. ordinary wear and c. abovetear from proper use excepted, and Tenant shall comply with all reasonable requests of Landlord, surrender the Furniture in such condition upon the expiration or its authorized agent, concerning such work; e. Upon delivery earlier termination of the Removed Furniture to the space identified by Landlord in Building 3Term. In addition, Exhibit C to the Lease shall be replaced in its entirety by Exhibit C attached heretoSubtenant hereby assumes all other risks and liabilities, including without limitation personal injury or death and Tenant shall have no further rights or responsibilities property damage, arising with respect to the Removed Furniture (unless solely through Sublandlord’s gross negligence or willful misconduct), howsoever arising, in connection with any event occurring prior to such Furniture; and f. Tenant ’s return in accordance herewith. Subtenant hereby assumes liability for, and shall provide Landlord with evidence pay when due, all fees, taxes, and governmental charges (including without limitation interest and penalties) of any nature imposed upon or in any way relating to the Furniture. In addition, as Sublandlord is not the manufacturer or vendor of the cost paid by Tenant Furniture, it makes no other representation or warranty, express or implied, as to third parties any matter whatsoever, including without limitation the design or condition of the Furniture, its merchantability, durability, suitability or fitness for any particular purpose, the quality of the material or workmanship of the Furniture, or the conformity of the Furniture to move the Removed Furniture as set forth aboveprovisions or specifications of any purchase order relating thereto, and Landlord shall reimburse Tenant for one-half of said cost, up to a maximum of $10,000.00Sublandlord hereby disclaims any and all such representations and warranties.

Furniture. For no additional charge, Landlord hereby leases to Tenant has advised 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 it does not desire prior to use all 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 desires 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 Term of this Lease, 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 Default Condition (as defined in SECTION 2.2, 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 reconfigure and/or move the Furniture within the Premises, and shall not be required to restore the Furniture to its original location within the Premises. Prior to the date Tenant acquires title to the Furniture, Tenant 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 expiration or earlier termination of the Lease (unless the Furniture has theretofore been conveyed to Tenant in which case Tenant shall remove some of the Furniture from the Premises). In particularUpon 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 has requested shall surrender the Furniture to Landlord to take possession ofin the same condition and repair as on the Lease Commencement Date, reasonable wear and tear, damage by fire or other casualty, 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 damage caused 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 $10,000.00Fault excepted.

Furniture. (a) During the Term of this Lease, Tenant has advised Landlord that it does not desire shall have the right, at no cost to Tenant, to use all of the Furniture furniture that was previously located within the Premises and desires to remove some of the Furniture from the Premises. In particular, Tenant has requested Landlord to take possession of, and to delete from the terms of the Lease and from Exhibit C to the Lease, all of the Furniture not listed as identified on Exhibit J attached H hereto and made a part hereof (collectively, 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 conditions contained in this Paragraph 55. Landlord shall cause 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 be installed within the Premises, but 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 obligation for any wiring or responsibilities 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 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 lien, encumbrance, mortgage, pledge, attachment or security interest on or with respect to the Removed FurnitureFurniture ; andand (vi) use the Furniture solely in the conduct of Tenant’s business and keep the Furniture within the Premises. f. Tenant (c) TENANT ACKNOWLEDGES THAT LANDLORD IS NOT THE MANUFACTURER OR SUPPLIER OF THE FURNITURE, NOR THE AGENT THEREOF, AND THAT LANDLORD MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO ANY MATTER WHATSOEVER IN CONNECTION WITH THE FURNITURE, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY OF THE FURNITURE, ITS FITNESS FOR A PARTICULAR PURPOSE, ITS DESIGN OR CONDITION, ITS CAPACITY OR DURABILITY, OR THE QUALITY OF THE MATERIAL OR WORKMANSHIP IN THE MANUFACTURE OR ASSEMBLY OF THE FURNITURE. Landlord is not responsible for any repairs or service to Furniture , defects therein or failures in the operation thereof. Landlord shall provide Landlord have no liability in connection with evidence or arising out of the cost paid furnishing, performance or use of the Furniture or, in any event, any special, indirect, incidental or consequential damages of any character, including, without limitation, loss of use of production facilities or equipment, loss of profits, property damage or lost production, whether suffered by Tenant to or any 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 $10,000.00party.

Furniture. Landlord hereby leases to Tenant has advised Landlord that it does not desire to use all at no additional cost the furniture and cubicles currently in the Premises as set forth on Exhibit C (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. Possession of the Furniture shall be delivered to Tenant on the Commencement Date and desires shall be returned to remove some Landlord upon the expiration or earlier termination of this lease. (b) Tenant accepts the Furniture in its “as is” “where is” condition and Tenant acknowledges that Landlord makes no warranty as to the condition of the Furniture from the Premises. In particularor its present or future suitability for Tenant’s purposes. (c) This lease of Furniture is a net lease, and as such, Tenant has requested Landlord to take possession ofshall pay maintenance, insurance and to delete from the terms of the Lease and from Exhibit C to the Lease, taxes on all of the Furniture not listed on Exhibit J attached hereto and made a part hereof (the “Removed Furniture”) (leased hereunder. The furniture listed on Exhibit J Furniture shall be referred to herein as held at all times during 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, term hereof at the sole cost 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 the same condition as when received, ordinary wear and expenses tear excepted, 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, be disassembled by Tenant. Tenant shall use the Furniture in a careful and proper manner, and each piece or component thereof shall be labeled so that comply with all laws and regulations relating to 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 possession and use 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. Furniture. Landlord (and/or its authorized agent(s)) shall have the right to be present inspect the Furniture during business hours upon prior notice. (e) Tenant covenants that: (i) Tenant will not, without the processes described in clauses a., b. and c. above, and Tenant shall comply with all reasonable requests prior written consent of Landlord, assign (other than pursuant to an approved transfer under Section 12 hereof), pledge, loan, mortgage, or its authorized agent, concerning such work; e. Upon delivery part with possession of any of the Removed 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 the 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 space identified 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 in Building 3, Exhibit C shall not be liable for injury to Tenant’s business or any loss of income therefrom or for damage to the Lease 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 replaced liable for injury to the person of Tenant, Tenant’s employees, agents or contractors occasioned by or in its entirety by Exhibit C attached heretoconnection 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 further title therein. Tenant shall, at its sole cost and expense, at all times protect and 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 responsibilities transferred by Tenant to any person, firm or corporation without the prior written consent of Landlord other than to a Permitted Transferee as set forth in Section 12.4 hereof, and any attempted assignment or transfer in violation hereof 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 interest in any or 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 respect 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 Removed Furniture; and f. 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 shall provide will cause all ▇▇▇▇▇▇▇▇ of such taxes to Landlord with to be made to it in care of Tenant and will from time to time, on request of Landlord, submit written evidence of the cost paid by payment 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 third parties lease the Furniture to move the Removed Furniture as set forth above, Tenant and Landlord shall reimburse Tenant for one-half is lawfully possessed of said costgood title thereto free and clear of all liens, up to a maximum of $10,000.00encumbrances and creditors’ rights.

Furniture. Provided this Lease is then in full force and effect and there shall exist no Default of Tenant, Landlord, shall permit Tenant has advised Landlord to use the furniture in the Premises as of the Date of this Lease as described on Exhibit A-2 attached hereto (hereinafter, the “Furniture”) during the term of this Lease, subject to the provisions of this Lease. Tenant acknowledges that it has been given adequate opportunity to inspect the Furniture and Tenant agrees to accept the Furniture on the Commencement Date “As-Is” and “Where-Is.” LANDLORD MAKES NO WARRANTIES, EXPRESS 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. Tenant shall maintain the Furniture in good repair and condition throughout the term. Tenant agrees to indemnify, defend and hold Landlord harmless from any claim, demand, judgment, loss, cost or expense arising from 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 use all continue using any portion of the Furniture and desires 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 some from the Premises all or any of the Furniture from designated in Tenant’s notice. To the Premises. In particularextent Landlord fails to remove any such Furniture by the expiration of such thirty-day period, Tenant has requested Landlord to take possession of, and to delete from the terms may dispose 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 it 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 $10,000.00wishes.

Furniture. Tenant has advised Landlord that it does not desire to use all As of the Furniture and desires to remove some of the Furniture from the Premises. In particularEffective Date, Tenant has requested Landlord to take possession of, and to delete from the terms Section 41 of the Lease is hereby deleted in its entirety and, inserted in lieu thereof is the following: “Landlord and from Exhibit C to Tenant acknowledge and agree that during the Term of this Lease, all of the Furniture not Landlord shall lease to Tenant, at no additional cost or expense, certain furniture systems listed on in 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 Such leasing of the Furniture to do soTenant is on an “AS-IS, WITH ALL FAULTS” basis and subject to the following terms and conditions: a. All “cubes” and other similarly constructed furniture which is part all of the Removed Furnitureterms of this Lease (including, shallwithout limitation, at the sole cost and expenses Article 10, of Tenantthis Lease), be disassembled by Tenantwithout recourse, and each piece representation or component thereof shall be labeled so that the pieces can be readily re-assembled; b. Tenant shall have moved the Removed Furniture to warranty of any kind or nature, express or implied, including without limitation, habitability, merchantability or fitness for 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 particular purpose. At any time prior to the Removed Furniture shall be pulled into the ceiling space expiration or earlier termination 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)) this Lease, Tenant shall have the right to purchase 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 ▇▇▇▇ of sale to effectuate such purchase (b) the Furniture shall be present during the processes described in clauses a.sold to Tenant on an “AS-IS, b. WITH ALL FAULTS” basis and c. abovewithout recourse, representation or warranty of any kind or nature, express or implied, including without limitation, habitability, merchantability or fitness for a particular purpose, and (c) the Furniture shall promptly be removed from the Premises by Tenant shall comply with all reasonable requests of Landlord, upon the expiration or its authorized agent, concerning such work; e. Upon delivery earlier termination of the Removed 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 space identified same condition received, reasonable wear and tear and damage by Landlord in Building 3or by casualty, Exhibit C to the Lease shall be replaced in its entirety by Exhibit C attached hereto, and Tenant excepted. Landlord shall have no further rights obligation to repair, maintain or responsibilities with respect 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 Removed Furniture; and f. 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 provide Landlord with evidence of pay any taxes and assessments attributable to 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 $10,000.00Furniture.”