Common use of Commencing on the Clause in Contracts

Commencing on the. Second Expansion Premises Commencement Date and continuing during the Term, Tenant shall have the right to use the furniture belonging to Landlord located within the Second Expansion Premises on the Second Expansion Premises Commencement Date ("Landlord's Furniture"). Tenant shall have no right to remove any of Landlord's Furniture from the Second Expansion Premises without Landlord’s prior written consent and Landlord’s Furniture shall be returned to Landlord at the expiration or earlier termination of the Term in substantially the same condition as received by Tenant, except for ordinary wear and tear and casualty. Notwithstanding the foregoing, if, at any time during the Term, Tenant does not want to use certain items of Landlord’s Furniture, Tenant shall notify Landlord in writing of such item(s) (“Furniture Removal Notice”) and Landlord shall cause such item(s) of Landlord’s Furniture identified in the Furniture Removal Notice to be removed from the Premises. The cost of the removal of such item(s) of Landlord’s Furniture shall be the responsibility of Landlord only if Tenant delivers a Furniture Removal Notice to Landlord within 30 days after the Second Expansion Premises Commencement Date. Thereafter, the cost of the removal of such item(s) of Landlord’s Furniture shall be the responsibility of Tenant. Except as set forth in the Lease or this Fourth Amendment: (i) Tenant shall accept the Second Expansion Premises and Landlord’s Furniture in their condition as of the Second Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Second Expansion Premises or Landlord’s Furniture; and (iii) Tenant’s taking possession of the Second Expansion Premises and Landlord’s Furniture shall be conclusive evidence that Tenant accepts the Second Expansion Premises and Landlord’s Furniture, and that the Second Expansion Premises and Landlord’s Furniture were in good condition at the time possession was taken. Tenant agrees and acknowledges that, except as otherwise expressly set forth in this Fourth Amendment or in the Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Second Expansion Premises or Landlord’s Furniture, and/or the suitability of the Second Expansion Premises or Landlord’s Furniture for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Second Expansion Premises or Landlord’s Furniture are suitable for the Permitted Use.

Commencing on the. Second Expansion Premises Commencement Date and continuing during through the Term, Tenant shall have the right to use the furniture belonging to Landlord located within end of the Second Expansion Premises on Term: (a) Tenant shall pay Landlord, without any setoff or deduction, unless expressly set forth in the Lease, monthly Base Rent for the Second Expansion Premises Commencement Date in the amounts set forth in Schedule I attached hereto and incorporated herein; provided, however, that Tenant’s monthly Base Rent for any partial month shall be appropriately pro-rated. ("Landlord's Furniture"). Tenant shall have no right b) Tenant’s Pro Rata Share with respect to remove any of Landlord's Furniture from the Second Expansion Premises without Landlord’s prior written consent and Landlord’s Furniture shall be returned 5.59%. (c) The Base Year for Taxes with respect to Landlord at the expiration or earlier termination of the Term in substantially the same condition as received by Tenant, except for ordinary wear and tear and casualty. Notwithstanding the foregoing, if, at any time during the Term, Tenant does not want to use certain items of Landlord’s Furniture, Tenant shall notify Landlord in writing of such item(s) (“Furniture Removal Notice”) and Landlord shall cause such item(s) of Landlord’s Furniture identified in the Furniture Removal Notice to be removed from the Premises. The cost of the removal of such item(s) of Landlord’s Furniture shall be the responsibility of Landlord only if Tenant delivers a Furniture Removal Notice to Landlord within 30 days after the Second Expansion Premises Commencement Date. Thereaftershall be Fiscal Year 2007 (i.e., July 1, 2006 to June 30, 2007) and the cost Base Year for Expenses with respect to the Second Expansion Premises shall be Calendar Year 2007. (d) Tenant shall pay Tenant’s Pro Rata Share of Taxes and Expenses with respect to the Second Expansion Premises in accordance with Exhibit B of the removal Original Lease and at the same time and manner as required for Tenant’s Pro Rata Share of such item(s) of Landlord’s Furniture shall be Taxes and Expenses with respect to the responsibility of Tenant. Except Original Premises as set forth in the Lease or this Fourth Amendment: Original Lease. (ie) Tenant Electricity shall accept be distributed to the Second Expansion Premises and either by the electric utility company selected by Landlord to provide electricity service for the Building or, at Landlord’s Furniture option, by Landlord; and Landlord shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Expansion Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord’s charges as Additional Rent, which charges shall be based on meter readings from a submeter to the Second Expansion Premises. All electricity used during the performance of janitorial service, or the making of any alterations or repairs in their condition as or to the Expansion Premises, or the operation of any special air conditioning system serving the Second Expansion Premises, shall be paid by Tenant. Landlord reserves all rights with respect to electrical service to the Second Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Second Expansion Premises or Landlord’s Furniture; and (iii) Tenant’s taking possession of the Second Expansion Premises and Landlord’s Furniture shall be conclusive evidence that Tenant accepts the Second Expansion Premises and Landlord’s Furniture, and that the Second Expansion Premises and Landlord’s Furniture were in good condition at the time possession was taken. Tenant agrees and acknowledges that, except as otherwise expressly set forth in this Fourth Amendment or in the Original Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Second Expansion Premises or Landlord’s Furniture, and/or the suitability of the Second Expansion Premises or Landlord’s Furniture for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Second Expansion Premises or Landlord’s Furniture are suitable for the Permitted Use.