Existing Furniture. During the Sublease Term, Subtenant may use any lab benches and other items of furniture, fixtures and equipment owned by Sublandlord, located within the 110 Building on the Commencement Date of this Sublease, and more particularly described in Exhibit C attached hereto (the “Existing Furniture”). Subtenant hereby agrees and acknowledges that Subtenant shall accept and use such Existing Furniture in its “AS IS” condition, “with all faults” and without any express or implied warranty from Sublandlord (or any of Sublandlord’s agents, employees and/or representatives) of any kind. Without limiting the generality of the preceding sentence, Subtenant acknowledges that Subtenant is not relying on any representations or warranties of any kind whatsoever, express or implied, from Sublandlord, or its agents, employees or other representatives as to any matters concerning such Existing Furniture, including, without limitation, any implied warranty of fitness for a particular purpose. The Existing Furniture shall remain the property of Sublandlord during the Sublease Term. Notwithstanding the preceding sentence, during the Sublease Term, Subtenant shall, at Subtenant’s sole cost and expense, be responsible for cleaning, insuring, repairing, maintaining and replacing the Existing Furniture, and paying any and all taxes levied thereon and/or in connection therewith. Sublandlord shall have no duty to repair, maintain or replace such Existing Furniture; nor shall Sublandlord be obligated to pay any taxes relating to, and/or maintain insurance coverage for, such Existing Furniture. Subtenant hereby assumes all risk of damage to property or injury to persons in connection with the use of the Existing Furniture and Subtenant hereby waives all claims in respect thereof against Sublandlord. Subtenant shall, at Subtenant’s sole cost and expense, maintain the Existing Furniture in good condition and repair during the Sublease Term. For purposes of this Section 11, “good condition and repair” shall mean the condition of such Existing Furniture as of the Commencement Date of this Sublease, reasonable wear and tear excepted. Upon the expiration (or earlier termination) of the Sublease Term, Sublandlord shall transfer title to the Existing Furniture to Subtenant pursuant to a Xxxx of Sale in the form attached hereto as Exhibit D and made a part hereof. Upon the expiration or earlier termination of this Sublease, Subtenant shall pay to Sublandlord an amount equal to Two Thousand Dol...
Existing Furniture. Notwithstanding anything herein to the contrary, Landlord shall remove the twelve (12) red cubicles currently within the Premises, but otherwise the existing furniture shall remain in the Subleased Premises (the “Existing Furniture”) for use by Tenant during the Sublease Term for no additional cost. In consideration of entering into this Sublease, the Existing Furniture shall become the property of Subtenant upon commencement of the Sublease Term and Subtenant shall be solely responsible for its maintenance and removal at the end of the Sublease Term in accordance with the Master Lease.
Existing Furniture. Tenant may use the existing furniture listed on Exhibit D attached hereto (the "Furniture") during the Term at no additional cost. Tenant shall maintain the furniture in good condition and repair during the Term. Provided no Event of Default exists at the end of the Term, Landlord shall convey the Furniture to Tenant, without warranty. Tenant shall be responsible for coordination of and all costs associated with relocating any of the Furniture to allow contractors access to complete the Landlord Improvements. Tenant shall also be responsible for coordination of and all costs associated with setting up the Furniture after construction is completed.
Existing Furniture. The contractor shall coordinate the removal, temporary storage, and return and set-up of all existing furniture and equipment within the Scope of Work for this project that requires removal. The contractor shall also be responsible for providing full protection of any furniture and equipment that is to remain on site. Any and all costs associated with this activity shall be borne by the Contractor.
Existing Furniture. As part of the consideration for entering into this Lease, title to all of the furniture, fixtures and equipment currently located within the Premises as of the date hereof (collectively, the “FF&E”) shall automatically pass to Tenant and Landlord hereby conveys and assigns to Tenant good and marketable title to the FF&E free of any liens or encumbrances of any kind. Tenant confirms that it has had the reasonable opportunity to inventory and inspect the FF&E and hereby represents that it accepts the FF&E “AS IS AND WITH ALL FAULTS”.
Existing Furniture. Landlord and Tenant acknowledge that Tenant shall be purchasing from the current tenant of the Expansion Space, the furniture located currently located within the Expansion Space per a separate agreement between Tenant and the current tenant of the Expansion Space.
Existing Furniture. Concurrently with the execution of this Lease, Landlord and Tenant shall execute and deliver a Xxxx of Sale (the “Xxxx of Sale”) substantially in the form of Exhibit G attached hereto, whereby Landlord shall convey to Tenant any rights Landlord has in the unattached furniture within the Phase I Premises as of the Execution Date (collectively, the “Existing Furniture”); provided, however, that the Xxxx of Sale shall not apply to, and the Existing Furniture shall not include, any items that Tenant identifies to Landlord in writing on or before the date that is sixty (60) days after the Execution Date (any such items, the “Non-Included Items”). Landlord shall remove any Non-Included Items from the Phase I Premises within five (5) business days of Tenant’s written request.
Existing Furniture. “AS IS” Tenant understands and acknowledges that there is furniture in the premises left by the prior tenant. Landlord shall permit Tenant to use this furniture but makes no representations or warranties about this furniture. As such, Tenant is using this furniture at its own risk and understands that either the prior tenant or a third party claiming rights to this furniture may be entitled to remove this furniture at some point during Tenant’s occupancy of the demised premises. In such case, Landlord shall have no liability to Tenant and Tenant waives any and all claims against Landlord with respect to this furniture. The above terms and conditions contained in this rider to the lease to which it is attached and incorporated therein between Xxxxxxxx Executive L.L.C. as Landlord and Tetragenex Pharmaceuticals, Inc. as Tenant are agreed to and accepted. WITNESS: LANDLORD: XXXXXXXX EXECUTIVE L.L.C. BY: Xxxxxxxx Management Corp., Agent WITNESS: TENANT: TETRAGENEX PHARMACEUTICALS, INC. EXHIBIT A XXXXXXXX EXECUTIVE L.L.C. TO TETRAGENEX PHARMACEUTICALS, INC. 000 XXXXXX XXXXXX PART 3RD FLOOR ENGLEWOOD CLIFFS, NEW JERSEY Tenant’s demised premises and its approximate location on the third floor are shown in the diagrams below, which are provided for illustrative purposes and are not drawn to scale. EXHIBIT B-1 000 XXXXXX XXXXXX
Existing Furniture. Lessee may use all existing furniture and TV monitors and shall return them to Lessor at the expiration of the lease in good condition, reasonable wear and tear excepted. Lessor shall remove all personal belongings. An inventory of the furniture is attached as Exhibit C.
Existing Furniture. Tenant shall have the right to use certain furniture existing in the third (3rd) floor of the Building as of the date hereof (the "Existing Furniture"), which Existing Furniture is more particularly described on Exhibit G attached hereto. Tenant's use of such Existing Furniture is on an as-is basis and Landlord makes no representation or warranty regarding the same.
