Common use of Landlord’s Furniture Clause in Contracts

Landlord’s Furniture. Effective as of the Removal Date (defined below), Exhibit F-1 to the Lease is hereby deleted and replaced with the “Exhibit F-1” attached hereto as Exhibit A and thereafter “Landlord’s Furniture” shall mean the furniture shown on Exhibit A hereto. Landlord shall remove the portion of Landlord’s Furniture shown on the original Exhibit F-1 to the Lease that is not included on Exhibit A hereto (the “Excess Furniture”) from the Premises at Landlord’s expense following the full execution and delivery of this Amendment. Notwithstanding anything in Section 18 of the Lease to the contrary, Landlord shall be entitled to enter the Premises to remove the Excess Furniture during normal business hours without prior notice, provided that Landlord and Tenant shall cooperate with each other in order to enable Landlord to remove the Excess Furniture in a timely manner and with as little inconvenience to the operation of Tenant’s business as is reasonably possible. Notwithstanding any contrary provision of the Lease or this Amendment, any delay in the removal of the Excess Furniture or inconvenience suffered by Tenant during such removal shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of rent or other sums payable under the Lease. For purposes hereof, the “Removal Date” shall mean the date that Landlord has completed the removal of the Excess Furniture from the Premises in accordance with this Section 1.1.

Landlord’s Furniture. Effective During Tenant’s occupancy of the Expansion Premises under the Achaogen Sublease and during the Term of the Lease with respect to the Expansion Premises, Tenant shall have the right to use in the Premises the furniture belonging to Landlord located within the Expansion Premises as of the Removal Date date of this Second Amendment (defined below), Exhibit F-1 to the Lease is hereby deleted and replaced with the “Exhibit F-1” attached hereto as Exhibit A and thereafter “Landlord’s Furniture” ”). If, any time after the date of this Second Amendment, Tenant does not want to use certain items of Landlord’s Furniture, Tenant shall mean the furniture shown on Exhibit A hereto. notify Landlord in writing of such item(s) of Landlord Furniture that Tenant does not want to use and Landlord shall inform Tenant whether Tenant may remove the portion such item(s) of Landlord’s Furniture shown on the original Exhibit F-1 to the Lease that is not included on Exhibit A hereto (the “Excess Furniture”) from the Premises and, if Landlord authorizes the removal of such item(s) of Landlord’s Furniture, any reasonable requirements, if any, of Landlord in connection with Tenant’s removal from the Premises of such item(s) of Landlord’s Furniture. If Landlord does not authorize Tenant to remove such item(s), Landlord shall cause such item(s) to be removed, at Landlord’s expense following the full execution and delivery sole cost, within 10 business days of this Amendment. Notwithstanding anything in Section 18 of the Lease to the contrary, Landlord shall be entitled to enter the Premises to remove the Excess Furniture during normal business hours without prior notice, provided that Landlord and Tenant shall cooperate with each other in order to enable Landlord to remove the Excess Furniture in a timely manner and with as little inconvenience to the operation receipt of Tenant’s business written request for such removal by Landlord. Except as is reasonably possibleotherwise set forth in this Second Amendment, (i) Tenant shall accept Landlord’s furniture in its condition as of the date Tenant occupies the Expansion Premises pursuant to the Achaogen Sublease, (ii) Landlord shall have no obligation for any defects in Landlord’s Furniture, and (iii) Tenant’s taking possession of the Expansion Premises under the Achaogen Sublease shall be conclusive evidence that Tenant accepts Landlord’s Furniture and that Landlord’s Furniture was in good condition at the time possession was taken. Notwithstanding any contrary provision of Tenant agrees and acknowledges that, except as otherwise set forth in the Lease or this Second Amendment, neither Landlord nor any delay in the removal agent of the Excess Furniture or inconvenience suffered by Tenant during such removal shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of rent or other sums payable under the Lease. For purposes hereof, the “Removal Date” shall mean the date that Landlord has completed made any representation or warranty with respect to the removal condition of the Excess Furniture from the Premises in accordance with this Section 1.1Landlord’s Furniture.