Common use of Existing Furniture Clause in Contracts

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 Dollars ($2,000) in consideration for Subtenant’s purchase of the Existing Furniture from Sublandlord. Upon the expiration or earlier termination of this Sublease, Subtenant shall, at Subtenant’s sole cost and expense, remove the Existing Furniture from the Premises and 110 Building and restore any damage to the 110 Building caused by such removal of the Existing Furniture.

Existing Furniture. During Tenant, in Tenant’s sole discretion and at no additional cost to Tenant shall have the Sublease Term, Subtenant may right and be entitled to use any lab benches and other items of the office furniture, fixtures desks, tables and equipment owned by Sublandlord, located within chairs existing in the 110 Building on Premises as of the Commencement Date of this SubleaseLease, and more particularly as further described in on Exhibit C B-3 attached hereto (such furniture, cubicles, desks and chairs being collectively referred to herein as the “Existing Furniture”). Subtenant No later than thirty (30) days after the Date of this Lease, Tenant shall notify Landlord in writing whether Tenant has elected to use all or some of the Existing Furniture or require Landlord, at Landlord’s sole cost and expense, to remove all or some of the Existing Furniture prior to the Commencement Date. Notwithstanding the foregoing, Landlord hereby agrees and acknowledges that Subtenant shall accept and to remove the pieces of furniture depicted in Schedule 1 to Exhibit B-3. In the event Tenant elects to use any or all of the Existing Furniture throughout the Lease Term, such Existing Furniture which Tenant elects to use shall be delivered with the Premises in its “AS AS-IS” , WHERE-IS and WITH ALL FAULTS condition, “and Tenant hereby disclaims any and all warranties 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 respect to any matters concerning such Existing Furniture, whether express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Existing Furniture shall remain Furthermore, Tenant hereby understands and agrees that throughout the property of Sublandlord during the Sublease Term. Notwithstanding the preceding sentence, during the Sublease Lease Term, Subtenant Tenant shall, at SubtenantTenant’s sole cost and expense, be responsible for cleaningmaintain, insuringrepair and keep such Existing Furniture in good working order, repairingnormal wear and tear excepted and Landlord shall have no obligation whatsoever to maintain, maintaining and replacing the repair or replace any of such Existing Furniture, or to insure any of such Existing Furniture, and paying any and all taxes levied thereon and/or in connection therewith. Sublandlord shall have no duty to repair, maintain loss 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 shall be at Tenant’s sole risk and tear exceptedTenant hereby releases Landlord from any obligation with respect thereto. Upon the expiration (or earlier termination) of the Sublease Term, Sublandlord shall transfer title to the Such Existing Furniture is and shall remain the property of Landlord and Tenant shall not remove or otherwise discard, modify and/or add to Subtenant pursuant such Existing Furniture without Landlord’s prior written consent, which shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, Tenant shall have the right to a Xxxx of Sale in move or reconfigure such Existing Furniture within the form attached hereto as Exhibit D and made a part hereofPremises throughout the Lease Term. Upon the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall pay to Sublandlord an amount equal to Two Thousand Dollars ($2,000) in consideration for Subtenant’s purchase of the surrender such Existing Furniture from Sublandlord. Upon the expiration or earlier termination of this Sublease, Subtenant shall, at Subtenant’s sole cost and expense, remove the Existing Furniture from in the Premises in a safe, clean and 110 Building neat condition, normal wear and restore any damage to the 110 Building caused by such removal of the Existing Furnituretear excepted.

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 SubleaseLandlord hereby leases to Tenant, and more particularly described Tenant hires from Landlord, the majority of the furniture existing in Exhibit C attached hereto the Demised Premises (other than 100 desks and chairs, any such furniture which is under lease and any such furniture currently located in the portions of the Long-term Leaseback Space) (the “"Existing Furniture”"). Subtenant hereby agrees and acknowledges Existing Furniture shall in no event include any furniture purchased by Landlord after January 20, 2001, notwithstanding that Subtenant shall accept and use such furniture may currently be located in the Demised Premises. Each item of such Existing Furniture is currently located in its “AS IS” condition, “with all faults” the Demised Premises and without any express or implied warranty from Sublandlord (or any of Sublandlord’s agents, employees and/or representatives) of any kind. Without limiting shall be delivered to Tenant when the generality portion of the preceding sentenceDemised Premises in which such item of Existing Furniture is located is delivered to Tenant pursuant to Article 2 hereof. The parties hereby agree that the value of the Existing Furniture is de minimis and no portion of the Rent payable hereunder is allocable to the Existing Furniture. Tenant agrees that Tenant shall pay any sales tax which may be due and payable with respect to leasing of the Existing Furniture and/or any other equipment or personal property to Tenant. Landlord does not make, Subtenant and Tenant acknowledges that Subtenant is Landlord has not relying on made or given, any representations representation or warranties of any kind whatsoeverwarranty, express or implied, from Sublandlord, or its agents, employees or other representatives as with respect to any matters concerning such Existing Furniture, including, without limitation, any implied warranty of fitness for a particular purpose. The the Existing Furniture shall remain or the property of Sublandlord during the Sublease Term. Notwithstanding the preceding sentencepresent or future merchantability, during the Sublease Termhabitability, Subtenant shallcondition, at Subtenant’s sole cost and expensequality, be responsible for cleaningdurability, 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 fitness 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 suitability of the Existing Furniture or any part thereof in any respect or in connection with or for the purposes and Subtenant hereby waives all claims uses of Tenant, or any other representation or warranty of any kind or character, express or implied, with respect thereto and Landlord shall not be liable for any latent or patent defects 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 Termor any part thereof. 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 Tenant accepts 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 Dollars ($2,000) in consideration for Subtenant’s purchase of the Existing Furniture from Sublandlord. Upon the expiration or earlier termination of this Sublease, Subtenant shall, at Subtenant’s sole cost and expense, remove the Existing Furniture from the Premises and 110 Building and restore any damage to the 110 Building caused by such removal of the Existing Furniture"as-is."

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 SubleaseLandlord leased to Tenant, and more particularly described Tenant hired from Landlord, the majority of the furniture existing in Exhibit C attached hereto the Demised Premises (other than 100 desks and chairs, any such furniture which was under lease and any such furniture currently located in the Retained Space) (the “"Existing Furniture”"). Subtenant hereby agrees and acknowledges that Subtenant shall accept and use Each item of such Existing Furniture was located in its “AS IS” condition, “with all faults” the Demised Premises and without any express or implied warranty from Sublandlord (or any of Sublandlord’s agents, employees and/or representatives) of any kind. Without limiting was delivered to Tenant when the generality portion of the preceding sentenceDemised Premises in which such item of Existing Furniture was located was delivered to Tenant pursuant to Article 2 hereof. The parties hereby agree that the value of the Existing Furniture is de minimis and no portion of the Rent payable hereunder is allocable to the Existing Furniture. Tenant agrees that Tenant shall pay any sales tax which may be due and payable with respect to leasing of the Existing Furniture and/or any other equipment or personal property to Tenant. Landlord does not make, Subtenant and Tenant acknowledges that Subtenant is Landlord has not relying on made or given, any representations representation or warranties of any kind whatsoeverwarranty, express or implied, from Sublandlord, or its agents, employees or other representatives as with respect to any matters concerning such Existing Furniture, including, without limitation, any implied warranty of fitness for a particular purpose. The the Existing Furniture shall remain or the property of Sublandlord during the Sublease Term. Notwithstanding the preceding sentencepresent or future merchantability, during the Sublease Termhabitability, Subtenant shallcondition, at Subtenant’s sole cost and expensequality, be responsible for cleaningdurability, 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 fitness 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 suitability of the Existing Furniture or any part thereof in any respect or in connection with or for the purposes and Subtenant hereby waives all claims uses of Tenant, or any other representation or warranty of any kind or character, express or implied, with respect thereto and Landlord shall not be liable for any latent or patent defects 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 Termor any part thereof. 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 Tenant accepts 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 Dollars ($2,000) in consideration for Subtenant’s purchase of the Existing Furniture from Sublandlord. Upon the expiration or earlier termination of this Sublease, Subtenant shall, at Subtenant’s sole cost and expense, remove the Existing Furniture from the Premises and 110 Building and restore any damage to the 110 Building caused by such removal of the Existing Furniture"as-is."

Existing Furniture. During Prior to the Sublease Termdelivery of any portion (e.g., Phase I, Phase II or Phase III) of the Subleased Premises by Sublandlord to Subtenant, Sublandlord and Subtenant may use any lab benches and other items of shall mutually agree in writing as to what, if any, Sublandlord furniture, fixtures and or equipment owned will be left in the Subleased Premises by Sublandlord, located within the 110 Building on the Commencement Date of this Sublease, and more particularly described in Exhibit C attached hereto Sublandlord (the “Existing Furniture”). Subtenant hereby agrees and acknowledges that If any Existing Furniture shall remain in any portion of the Subleased Premises, Subtenant shall accept and be allowed to 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 kindat no charge to Subtenant during the Term. 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 shall insure such Existing Furniture, including, without limitation, any implied warranty of fitness Furniture 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 full replacement cost thereof 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 Subleaseat all times, reasonable wear and tear excepted; provided, however, Subtenant may remove any Existing Furniture from the Subleased Premises to the extent the same is obsolete with no obligation to replace such item of Existing Furniture. Upon the expiration or any earlier termination of this Sublease, provided Subtenant is not in default hereunder, Subtenant shall have the option to (or earlier terminationi) acquire such Existing Furniture from Sublandlord for the amount of One Dollar ($1.00), in which case, Subtenant shall remove such Existing Furniture from the Sublease Premises in accordance with the terms of the Sublease TermMaster Lease at Subtenant's sole cost and expense, or (ii) remove such Existing Furniture from the Subleased Premises at the expiration of the Term as reasonably directed by Sublandlord. In the event Subtenant elects to acquire such Existing Furniture, Sublandlord shall transfer its interest in such Existing Furniture to Subtenant on an “as-is” basis, without any representations or warranties other than a representation that Sublandlord is the fee owner of such Existing Furniture and is able to convey title free and clear of any liens or encumbrances, and such transfer shall be memorialized in a commercially reasonable form of xxxx of sale. Subtenant shall be responsible for any tax assessed upon the transfer of ownership of the Existing Furniture from Sublandlord to Subtenant. In the event that Subtenant does not acquire such Existing Furniture (because Subtenant has committed a default hereunder), then Subtenant shall either surrender the Existing Furniture to Subtenant pursuant to a Xxxx of Sale Sublandlord in the form attached hereto as Exhibit D good condition and made a part hereof. Upon repair, normal wear and tear excepted, upon the expiration or earlier termination of this Sublease, Subtenant shall pay to Sublandlord an amount equal to Two Thousand Dollars ($2,000) in consideration for Subtenant’s purchase of the Existing Furniture from Sublandlord. Upon the expiration or earlier termination of this Sublease, Subtenant shall, at Subtenant’s sole cost and expense, remove the Existing Furniture from the Subleased Premises as reasonably directed by Sublandlord. Subtenant hereby accepts the Existing Furniture in its “as-is, where-is and 110 Building with all faults” condition and restore any damage Subtenant acknowledges that Sublandlord has made no representations or warranties whatsoever with respect to the 110 Building caused by such removal Existing Furniture except as expressly provided herein, including, without limitation, working order of the Existing FurnitureFurniture or fitness of the Existing Furniture for a particular purpose.

Existing Furniture. During The furniture and personal property referred to in EXHIBIT E ("Landlord's Personal Property") attached hereto is currently located in the Sublease Term, Subtenant Premises and Tenant may use such Landlord's Personal Property during the Lease Term while Tenant is leasing and occupying the Premises, at no extra charge. Tenant shall have the right to remove any lab benches or all of Landlord's Personal Property from the Premises at any time during the Term of the Lease and, at Tenant's election, either return the same to Landlord (or dispose of such property if requested by Landlord) and other forfeit the right to thereafter use the returned items of furnitureLandlord's Personal Property or, fixtures at Tenant's cost, store such Landlord's Personal Property and equipment owned by Sublandlordretain the right to use it (and take title to it) at any later time during the Term of the Lease, located within the 110 Building on the Commencement Date provided Tenant is not then in default of this Sublease, and more particularly described in Exhibit C attached hereto (Lease. At 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 expiration or implied warranty from Sublandlord (or any of Sublandlord’s agents, employees and/or representatives) of any kind. Without limiting the generality sooner termination of the preceding sentenceLease and provided that Tenant has performed all of its obligations under this Lease, Subtenant acknowledges that Subtenant is not relying on Landlord shall transfer all of its right, title and interest in Landlord's Personal Property to Tenant (other than any representations or warranties returned portion 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 Landlord's Personal Property) and Landlord's Personal Property shall remain become the property of Sublandlord during Tenant. In connection therewith, Landlord shall execute a quit claim xxxx of sale without any warranty (other than a limited warranty that Landlord has title to the Sublease TermPersonal Property) and otherwise in a form reasonably acceptable to Landlord and Tenant to effectuate such transfer of its right, title and interest. Notwithstanding the preceding sentenceIn connection with such transfer, during the Sublease Term, Subtenant shall, at Subtenant’s sole cost and expense, Tenant agrees to be solely responsible for cleaningthe payment of any sales tax with respect to such personal property and to indemnify, insuring, repairing, maintaining defend 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 hold harmless Landlord in connection with any claim for payment of sales tax for such personal property. In addition, Tenant shall have the use of the Existing Furniture right to elect to have Landlord transfer its right, title 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 interest to the Existing Furniture Landlord's Personal Property prior 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 Subleasethe Lease, Subtenant shall pay to Sublandlord an amount equal to Two Thousand Dollars ($2,000) provided Tenant is not in consideration for Subtenant’s purchase of the Existing Furniture from Sublandlord. Upon the expiration or earlier termination default of this SubleaseLease, Subtenant shallin the event Tenant desires to use Landlord's Personal Property in premises other than the Premises. In such case, at Subtenant’s sole cost Tenant shall provide Landlord with written notice of such election and expenseLandlord shall thereafter promptly execute a quit claim xxxx of sale without any warranty (other than a limited warranty that Landlord has title to the Personal Property) and otherwise in a form reasonably acceptable to Landlord and Tenant to effectuate such transfer. Landlord makes no representation or warranty whatsoever with respect to the condition of Landlord's Personal Property or its suitability for Tenant's use, remove such use to be on an "AS-IS" basis. If the Existing Furniture from the Premises and 110 Building and restore Lease Term is terminated due to a default by Tenant, a casualty or condemnation, Tenant shall have no right to any of Landlord's Personal Property. As long as Tenant is using Landlord's Personal Property, Tenant shall be responsible for any damage to Landlord's Personal Property subject to reasonable wear and tear, casualty and Hazardous Materials (except to the 110 Building extent emitted by Tenant), except if caused by Landlord or any of its Agents. Landlord shall not be obligated to repair or replace Landlord's Personal Property, or any part thereof, whether any such removal of the Existing FurnitureLandlord's Personal Property is damaged by any casualty or is lost or stolen.