Transfer of Furniture. As of August 1, 2015 (the “Furniture Transfer Date”), and provided Subtenant is not in default under this Sublease, or at Sublandlord’s option following a termination of this Sublease before such date, Sublandlord shall be deemed to have transferred, conveyed, and delivered to Subtenant all of the Furniture then in the Premises in its “as is, where is condition, 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. Sublandlord and Subtenant hereby agree that little or no value will be attributable to the Furniture at the time of the transfer of the Furniture to Subtenant and that no part of the Fixed Rent payable by Subtenant hereunder will be attributable to the transfer of the Furniture by Sublandlord to Subtenant. Notwithstanding the foregoing, if sales tax is due to the City of Redwood City or State of California in connection with the transfer of the Furniture to Subtenant under this Sublease (“Sales Tax”), Subtenant hereby agrees to pay as and when due such amounts, and Subtenant further agrees to save, defend, indemnify and hold Sublandlord harmless from any obligation for any Sales Tax which may now or hereafter be imposed upon Sublandlord or Subtenant in connection with such transfer of the Furniture, including interest and penalties thereon, and any loss, liability, cost or expense that Sublandlord may incur by reason of Subtenant’s failure to pay the Sales Tax in a timely manner. The provisions of the preceding sentence shall survive the expiration or earlier termination of this Sublease. If this Sublease is terminated before the Furniture Transfer Date, as a result of a default by Subtenant, then Sublandlord shall retain ownership of the Furniture (unless Sublandlord elects to have transferred the Furniture to Subtenant as provided above) and Subtenant shall surrender the Furniture to Sublandlord 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.
Transfer of Furniture. Lessor acknowledges that Lessee intends to acquire certain items of furniture, fixtures, equipment, and other personal property from Prolumina LLC which are currently located in the Suite 1420 Expansion Premises (the “Prolumina FF&E”), and Lessee shall accept delivery of the Premises on the Suite 1420 Expansion Premises Commencement Date with the Prolumina FF&E in-place. Any such transfer and conveyance shall be at Lessee’s sole risk and expense, and Lessee shall indemnify, defend, and hold Lessor harmless from and against any losses, costs, demands, or claims relating to or arising in any way from the Prolumina FF&E, including without limitation any claims by Prolumina LLC. or any leasing company or other party as to title to or the condition thereof. Upon expiration or earlier termination of the Lease, the Prolumina FF&E shall be removed by Lessee from the Leased Premises at Lessee’s sole cost except as may otherwise be agreed to by the parties.
Transfer of Furniture. In consideration of a purchase price of $26,700.00 to be paid by Sublandlord to Subtenant, Subtenant shall convey to Sublandlord on the Reduction Date, title to the furniture owned by Subtenant and located in the Reduction Space, in its as-is condition as of the First Amendment Effective Date, as described in more particular detail in Schedule 1 of the xxxx of sale attached hereto as Exhibit B (the “Xxxx of Sale”) (the “Furniture”). In connection with such transfer of the Furniture, Subtenant shall execute the Xxxx of Sale.
