Common use of Furniture, Fixtures and Equipment Clause in Contracts

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniture.

Furniture, Fixtures and Equipment. Sublessee shall have This Mortgage constitutes a security agreement under the right New Jersey Uniform Commercial Code, as amended and/or modified from time to use during time, and the Term Mortgagor hereby grants to the office furnishings Mortgagee a security interest in all furniture, fixtures, and equipment within and all other machinery, appliances, furnishings, tools and building materials and other personal property of the Subleased Mortgagor now owned or hereafter acquired by the Mortgagor, and installed or to be installed in or on the Mortgaged Premises and used or to be used in the management or operation of the Mortgaged Premises including, without limitation, any and all substitutions, replacements, additions, and accessions thereto, together with any and all cash and non-cash proceeds thereof. The Mortgagor hereby authorize the Mortgagee to file and refile any financing statements, continuation statements, or other security agreements that are identified on Exhibit C attached heretothe Mortgagee may require from time to time to confirm the lien of this Mortgage with respect to such property. Without limiting the foregoing, the Mortgagor hereby irrevocably constitutes and appoints the Mortgagee with full power of substitution, as such exhibit may be adjusted by mutual agreement its true and lawful attorney-in-fact with full irrevocable power and authority (coupled with interest) in the place and stead of the parties prior to the Third Floor Premises Delivery Date (the “Furniture”), provided Sublessee may only use the Furniture located Mortgagor and in the Second Floor Premises after name of the Second Floor Commencement Date. The Furniture is provided Mortgagor or in its “AS ISthe Mortgagee’s own name, WHERE IS” conditionfor the Mortgagee to execute, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated hereindeliver, and pay file such instruments for and on behalf of the Mortgagor. Notwithstanding any release of any or all taxes of that property included in the Mortgaged Premises which is deemed to be “real property”, and proceedings to foreclose this Mortgage or its satisfaction of record, the terms hereof shall survive as a security agreement with respect to the Furniture. Sublessee shall maintain security interest created hereby and referred to above until the Furniture repayment or satisfaction in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as full of the applicable Delivery Date, reasonable wear and tear excepted. Sublessee shall not remove any obligations of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure Mortgagor as are now or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniturehereafter secured hereby.

Furniture, Fixtures and Equipment. Sublessee shall have the right right, during the Sublease Term, and at no additional cost to Sublessee, to use during the Term the office furnishings furniture, fixtures, and equipment within owned by Sublessor and located in the Subleased Premises that are as of the Execution Date and identified on Exhibit C C-1 attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear and damage by casualty excepted. In connection with Sublessee’s surrender of the Premises to Sublessor on the Sublease Term Expiration Date pursuant to Section 20 of the Prime Lease, and provided Sublessee is not-then in default beyond any applicable notice and cure period, Sublessor and Sublessee shall execute and deliver the Xxxx of Sale attached hereto as Exhibit C (the “Xxxx of Sale”) pursuant to which Sublessor shall convey to Sublessee, for consideration of One Dollar ($1.00), all of Sublessor’s right, title, and interest in and to the Furniture. Any furniture currently located in the Premises and not set forth on Exhibit C-1 attached hereto shall be responsible for any loss or damage removed from the Premises by Sublessor prior to the same occurring during the TermCommencement Date. Sublessee shall surrender hereby accepts the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists its “as-is,” “where-is” condition, with all faults, as of the applicable Delivery DateSublessee’s last inspection of the Furniture, to wit, May 5, 2021, reasonable wear and tear excepted, and Sublessor makes no representations or warranties whatsoever as to the condition, merchantability or fitness for any particular purpose of the Furniture, except as otherwise expressly set forth in the Xxxx of Sale. Sublessor represents and warrants to Sublessee that Sublessor owns the Furniture free and clear of any liens, encumbrances or rights of third parties. To the extent any of the Furniture is under warranty, simultaneously with the execution of the Xxxx of Sale, Sublessor shall assign such unexpired warranties to Sublessee, to the extent assignable. Notwithstanding any provision of this Sublease to the contrary, Sublessee shall not remove any be responsible for removal of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure on or grace period as of the date of before the expiration or earlier termination of this Subleasethe Sublease Term, which condition may be waived by unless following a default of Sublessee beyond an applicable notice and cure period, Sublessor elects, in its sole and absolute discretion, then upon the expiration or earlier termination to waive this obligation of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the FurnitureSublessor.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings existing furniture, fixtures and equipment equipment, including cabling within the Subleased Premises that which are identified on Exhibit C D attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date) at no additional cost to Sublessee. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided (i) Sublessee is has not in defaulted under this Sublease and no event has occurred that with the passing of time or the giving of notice, would constitute a default beyond by Sublessee under this Sublease and (ii) this Sublease has not terminated prior to the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this SubleaseExpiration Date, which condition conditions may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, Sublessee shall purchase the Furniture shall become the property of Sublessee, and Sublessee shall accept the same (in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in warranty) from Sublessor for the Bill sum of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease One Dollar $1.00 pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the commercially reasonable form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniturexxxx of sale.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that which are identified on Exhibit C B attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date) at no additional cost to Sublessee. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever, except that Sublessor represents and warrants to Sublessee that Sublessor holds legal title to the Furniture free of all liens and other encumbrances and has the right to convey legal title to the Furniture to Sublessee. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not then in default under this Sublease beyond applicable notice and cure periods and (ii) this Sublease has not terminated prior to the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this SubleaseExpiration Date due to a default by Sublessee, which condition conditions may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, Sublessee shall have the option to purchase the Furniture from Sublessor for a price of One Dollar ($1.00), and, if Sublessee properly exercises such option, Sublessor shall become the property provide a xxxx of sale in a commercially reasonable form for such Furniture promptly upon request by Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniture.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that which are identified on Exhibit C B attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date) at no additional cost to Sublessee. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever; except that Sublessor represents to Sublessee that Sublessor owns the Furniture free and clear of any third party claims or liens. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided (i) Sublessee is has not in default defaulted under this Sublease beyond the expiration of any applicable notice and cure periods and no event has occurred that with the passing of time or grace period as the giving of notice, would constitute a default by Sublessee under this Sublease and (ii) this Sublease has not terminated prior to the date of the expiration or earlier termination of this SubleaseExpiration Date, which condition conditions may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever whatsoever, except as provided set forth above in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the FurnitureParagraph 26.

Furniture, Fixtures and Equipment. (a) Sublessor hereby agrees to lease to Sublessee shall have the right and Sublessee hereby agrees to use during lease from Sublessor throughout the Term of the office furnishings Sublease and any extensions thereof; all of that furniture, fixtures and equipment within presently located in the Subleased Premises as detailed in Exhibit D hereto ("Kaiser Assets"). In the event that are identified Sublessee expands its Subleased Premises pursuant to Section 18 hereof, Sublessee shall also lease the furniture, fixtures and equipment located therein on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date (the “Furniture”), provided Sublessee may only use the Furniture located terms and conditions set forth in the Second Floor Premises after the Second Floor Commencement Date. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoeverthis Section 19. Sublessee shall insure pay to Sublessor monthly rent for the Furniture under lease of the property insurance policy required under Kaiser Assets in the Master Lease, as incorporated herein, and pay all taxes with respect to amount of $0.34 per rentable square foot of the FurnitureSubleased Premises per month. Sublessee shall not directly or indirectly remove any of the Kaiser Assets on or from the Subleased Premises during the Term, or pledge, assign, sublease, encumber or otherwise transfer any of the Kaiser Assets or any interest therein, without the prior written consent of Sublessor. Sublessee shall, during the Term, at its sole cost and expense, keep and maintain the Furniture Kaiser Assets in good condition working order, condition, and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Date, reasonable ordinary wear and tear excepted. Sublessee shall maintain such insurance on the Kaiser Assets of types and in amounts as Sublessor may reasonably request, and Sublessor shall be named as an additional insured and loss payee on said policies of insurance, and such policies must provide that they may not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one be canceled or altered without at least thirty (1) time not less than forty-five (4530) days prior written notice to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunderSublessor. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure or grace period as of the date of Promptly upon the expiration or earlier termination of this Sublease, which condition may be waived by Sublessee shall deliver the Kaiser Assets to Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IScondition as on the date hereof, WHERE IS” conditionordinary wear and tear excepted. Without limiting any other rights or remedies of Sublessor hereunder, without representation or warranty whatsoever except as provided in the Bill of Sale referred Sublessee agrees to in the following sentence. In the event the Furniture is pay promptly to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms Sublessor fifty percent of the immediately preceding sentenceoriginal value of any Kaiser Asset not so delivered, then Sublessor agrees to execute and deliver to Sublessee as a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniturepenalty.

Furniture, Fixtures and Equipment. Sublessee shall have As of the right Early Occupancy Date, Sublandlord hereby grants to Subtenant a license to use during the Term the office furnishings and existing furniture, fixtures, equipment within located in or serving the Subleased Premises that are identified on Exhibit C attached heretowhich has not been removed or retained by Sublandlord (collectively, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date (the “Furniture”), and except as otherwise provided Sublessee may only use herein, for no additional consideration so long as this Sublease is in full force and effect. Notwithstanding the foregoing, on or before September 30, 2021, Sublandlord will provide a list of furniture to Subtenant which Sublandlord will be removing from the Premises and which will not be included as “Furniture” hereunder; such list shall be attached as Exhibit D hereto. Subtenant shall not acquire any title or other ownership rights in or to the Furniture located in the Second Floor Premises after the Second Floor Commencement Date. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the Upon termination of this Sublease in or, if this Sublease is not terminated, then thirty (30) days prior to the same condition as exists Expiration Date, Subtenant shall: (a) be deemed to have purchased the Furniture from Sublandlord for the amount of One and 00/100 Dollar ($1.00), effective as of the applicable Delivery date that is thirty (30) days prior to the Expiration Date, reasonable wear and tear excepted. Sublessee shall not ; (b) remove any of the Furniture from the Subleased Premises. Notwithstanding anything , including any wiring installed by Subtenant connecting the Furniture to the contrary herein, Sublessee may provide Sublessor with written notice one Subleased Premises; and (1c) time not less than forty-five (45) days prior return the Subleased Premises to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor condition required under this Sublease. During the Term, Subtenant shall, at no Subtenant’s sole cost and expense, insure the Furniture for its full replacement value (with Sublandlord named as a loss payee). Any furniture purchased by Subtenant for use in the Subleased Premises shall be solely Subtenant’s property. At the end of the Term, Sublandlord shall provide Subtenant with a xxxx of sale for the Furniture in the form and substance attached hereto as Exhibit E. In furtherance of Article 13 of this Sublease, neither Sublandlord nor Sublandlord’s agents, employees, or contractors have made any representations, warranties, or promises with respect to Sublesseethe Furniture and/or any other equipment, furniture, or improvements therein situated, if any. Subtenant shall have the right to remove such items and reconfigure the Furniture during the Term. For the sake of clarity, Subtenant shall be responsible for removing the Furniture from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure or grace period as of the date of at the expiration or earlier early termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the FurnitureTerm.

Furniture, Fixtures and Equipment. Sublessee shall have There are currently 360 workstations systems (“Cubes”) that are currently located in the right Premises and Landlord agrees to deliver possession of the Premises to Tenant with the Cubes in place for Tenant’s ownership and use during the Term the office furnishings and equipment within the Subleased Premises that are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to Lease without the Third Floor payment of additional rent by Tenant (other than the payment of personal property taxes). Landlord and the existing tenant of the Premises Delivery Date have been discussing terms by which such existing tenant may leave certain other property in the Premises, such as chairs and racking, security systems and cabling (the “FurniturePossible Other FFE”). Any additional charge to or cost incurred by Landlord for the Possible Other FFE that has been approved by Tenant shall be paid by Tenant to Landlord as and when such payment is due the existing tenant. If the existing tenant (or equipment lessor or lender) does not impose any charge on Landlord for the Possible Other FFE, provided Sublessee Tenant may only use such equipment without additional rent or charge to Tenant (other than the Furniture located in payment of personal property taxes). Landlord does not warrant or covenant that any of the Second Floor Premises after Possible Other FFE will be made available, and the Second Floor Commencement Dateavailability or condition of such Possible Other FFE is not a condition to Tenant’s obligations under the Lease. The Furniture Cubes and Possible Other FFE that is provided in its “made available will be done so on an AS IS, WHERE IS” condition, without representation IS basis and Landlord does not warrant the condition or warranty whatsoeverutility of any of such property. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and Tenant shall be responsible for any loss the repair, maintenance or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination replacement of this Sublease in the same condition as exists as of the applicable Delivery Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure Cubes or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of SublesseePossible Other FFE, and Sublessee Landlord shall accept the same have no obligation or liability in its connection therewith. Landlord’s Initials Tenant’s Initials EXHIBIT C-1 LANDLORD’S WORK The plans for Landlord’s Work entitled “AS IS000-000 Xxxxxxx Xxxxxx Exterior Upgrade, WHERE ISFremont, CA,” conditionprepared by Xxxxxx Associates, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in dated December 5, 2003, including the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniture.sheets:

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings furniture, fixtures and equipment within the Subleased Premises that are identified on Exhibit C E attached heretohereto (the “FF&E”) at no additional cost to Sublessee. Sublessee shall have the one-time right to require any items listed on Exhibit E to be removed from the Subleased Premises by delivering written notice thereof to Sublessor no later than September 1, as 2023, in which case, Sublessor shall remove such exhibit may be adjusted by mutual agreement of the parties items at its sole cost prior to the Third Floor Premises Delivery Commencement Date (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Dateand such items shall no longer be considered FF&E hereunder. The Furniture FF&E is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture FF&E under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. FF&E. Sublessee shall maintain the Furniture FF&E in good the same condition and repairrepair received, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture FF&E to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture FF&E from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond (i) the Term of this Sublease has been extended to the expiration of any applicable cure the Master Lease, (ii) Sublessee has not defaulted under this Sublease and no event has occurred that with the passing of time or grace period as the giving of the date of notice, would constitute a default by Sublessee under this Sublease and (iii) this Sublease has not terminated prior to the expiration or earlier termination of this Sublease, which condition conditions may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, at Sublessee’s option, the Furniture FF&E shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided whatsoever. Sublessee shall be deemed to have elected such option unless it provides Sublessor with written notice not less than thirty (30) days prior to the Expiration Date that it does not elect to take ownership of the FF&E, in which case Sublessor shall have the right to enter the Subleased premises in the Bill last ten (10) days of Sale referred the Term to remove the FF&E. In removing the FF&E, Sublessor shall use commercially reasonable efforts to minimize disruption to Sublessee’s operations in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the FurnitureSubleased Premises.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings furniture, fixtures and equipment within the Subleased Premises that which are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “FurnitureFF&E”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date) at no additional cost to Sublessee. The Furniture FF&E is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture FF&E under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. FF&E. Sublessee shall maintain the Furniture FF&E in good the condition and repairreceived, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture FF&E to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture FF&E from the Subleased Premises without first providing not less than five (5) days advance written notice to Sublessor of the items to be removed and offering to move such items as requested by Sublessor elsewhere in the Premises outside of the Subleased Premises. Notwithstanding anything If Sublessor timely accepts such offer, Sublessee shall relocate the items designated by Sublessor as directed by Sublessor at Sublessee’s sole cost. If Sublessor does not accept such offer as to all of the contrary hereinitems, Sublessee may provide relocate the other items to a storage facility reasonably approved by Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove must return such items from to the Subleased Premises prior on or before the termination of this Sublease unless the FF&E is conveyed to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunderSublessee as provided herein. Notwithstanding the foregoing, provided Sublessee this Sublease is not in terminated early due to a default by Subtenant beyond the expiration of any applicable notice and cure or grace period as of the date of the expiration or earlier termination of this Subleaseperiod, which condition conditions may be waived by Sublessor in its sole discretiondiscretion by delivering written notice to Sublessee, then upon the expiration or earlier termination of this Sublease, the Furniture FF&E shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniturewhatsoever.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior Subject to the Third Floor Premises Delivery Date (the “Furniture”)execution of a --------------------------------- purchase agreement between Sublessor and Apple Computer, provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes Inc. with respect to certain furniture, fixtures and equipment remaining on the Furniture. Premises, Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shallentitled, at no cost to Sublessee, remove such items from to use certain furniture, fixtures and equipment ("Furniture", as more particularly described on Schedule 2 ---------- attached hereto and incorporated by reference herein, located within the Subleased Premises Premises, excluding, however, all cubicles located therein, which shall be removed by Sublessor prior to the Third Floor Premises Delivery Date Commencement Date. Prior to the Commencement Date, Sublessor and such items Sublessee shall no longer create an inventory of the Furniture to be considered used by Sublessee during the Term. Sublessee shall use the Furniture hereunder. Notwithstanding in its as-is condition, without warranty from Sublessor of any kind, and shall return the foregoing, provided Sublessee is not in default beyond Furniture to Sublessor upon the expiration or earlier termination of any applicable cure this Sublease in the condition received, ordinary wear and tear excepted. Sublessor shall have no obligation to repair or grace period replace the Furniture, but shall maintain property insurance with respect thereto. Upon the execution of this Sublease by Sublessee, Sublessee shall deposit with Sublessor the amount of Fifteen Thousand and No/ 100 Dollars ($15,000.00) ("Furniture Deposit") to serve as security for the return of the date of Furniture to Sublessor in the condition required by this Paragraph. Within thirty (30) days after the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination shall return to Sublessee so much of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except Deposit as provided in the Bill of Sale referred is not required to in the following sentence. In the event return the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniturecondition required by this Paragraph.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings existing furniture, fixtures and equipment equipment, including cabling and IT infrastructure within the Subleased Premises that which are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date) at no additional cost to Sublessee. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided (i) Sublessee is not then in default beyond under this Sublease and no event has occurred that with the expiration passing of any applicable cure time or grace period as the giving of notice, would constitute a default by Sublessee under this Sublease and (ii) this Sublease has not terminated prior to the date of the expiration or earlier termination of this SubleaseExpiration Date, which condition conditions may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, Sublessor shall, subject to Sublessee’s consent (which consent shall be deemed given unless Sublessee notifies Sublessor in writing not less than thirty (30) days prior to the Expiration Date that it is withholding such consent), sell the Furniture shall become to Sublessee for the property sum of SublesseeOne Dollar $1.00 pursuant to a commercially reasonable form of xxxx of sale, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided whatsoever. If Sublessee timely notifies Sublessor in writing that it does not consent to the Bill purchase of Sale referred the Furniture, Sublessor shall have the right at any time during the last week of the Term to in the following sentence. In the event remove the Furniture is to become from the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the FurnitureSubleased Premises.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date (the “Furniture”), provided Sublessee may only use ) at no additional cost to Sublessee. Sublessor shall remove the Furniture located in that Sublessee does not require at Sublessor’s sole cost, provided, however, that Sublessee shall provide written notice specifying such Furniture requiring removal prior to the Second Floor Premises date which is forty-five (45) days after the Second Floor applicable Commencement Date, and, following such removal, the term “Furniture” shall no longer include such removed items. Sublessor and Sublessee shall prepare an inventory of the Furniture in each Phase of the Subleased Premises not later than sixty (60) days after the Commencement Date of each such Phase and those inventories shall be attached hereto as Exhibit C. The Furniture is provided in its “AS IS, WHERE IS” conditioncondition as of the date of this Sublease, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniture.

Furniture, Fixtures and Equipment. Sublessee Subtenant shall have the right to use during the Term the office furnishings furnishings, and equipment comprising the existing security and technology infrastructure, within the Subleased Premises that which are identified on Exhibit C D attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “Furniture”), provided Sublessee may only use ) at no additional cost to Subtenant. Prior to the Furniture located in the Second Floor Premises after the Second Floor Commencement Date. , Sublandlord shall at Sublandlord’s sole cost and expense remove desks and conference room furniture and any other items not identified on Exhibit D. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee Subtenant shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee Subtenant shall maintain the Furniture in good the same condition and repairas received, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee Subtenant shall surrender the Furniture to Sublessor Sublandlord upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear and casualty excepted. Sublessee shall not Subtenant may remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with Premises following ten (10) business days’ prior written notice one (1) time not less than forty-five (45) days prior to Sublandlord, provided that, promptly following such notice, Sublandlord shall have the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want right, if it so elects, to use and Sublessor shall, at no cost to Sublessee, remove such items Furniture from the Subleased Premises prior for its own purposes (and Subtenant shall cooperate with Sublandlord as may be reasonably necessary to the Third Floor Premises Delivery Date and facilitate such items shall no longer be considered Furniture hereunderremoval). Notwithstanding the foregoing, provided Sublessee is (i) Subtenant has not defaulted under this Sublease and no event has occurred that, with the passing of time or the giving of notice, would constitute a default by Subtenant under this Sublease and (ii) this Sublease has not terminated prior to the Expiration Date, which conditions may be waived by Sublandlord in default beyond its sole discretion, then, upon the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, Subtenant agrees to purchase the Furniture shall become the property of Sublessee, and Sublessee shall accept the same from Sublandlord in its “AS IS, WHERE IS” condition, condition without representation or warranty whatsoever except warranty, in exchange for One Dollar ($1.00), in which event the transfer of ownership of the Furniture shall occur automatically on the termination of this Sublease, this Sublease shall constitute a xxxx of sale evidencing the transfer of the Furniture as of the termination of this Sublease, unless otherwise agreed to in a writing signed by both Sublandlord and Subtenant, and Subtenant will be liable for all sales tax payable pursuant thereto. In addition, if Sublandlord elects to transfer ownership of the Furniture to Subtenant as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute Subtenant shall be responsible, at its sole cost and deliver to Sublessee a Bill expense, for removal of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniture, exclusive of all cabling and wiring, in accordance with Section 18 above and the requirements of the Master Lease.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that which are identified on Exhibit C B attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “"Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date") at no additional cost to Sublessee. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever, except that Sublessor represents and warrants to Sublessee that Sublessor holds legal title to the Furniture free of all liens and other encumbrances and has the right to convey legal title to the Furniture to Sublessee. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not then in default under this Sublease beyond applicable notice and cure periods and (ii) this Sublease has not terminated prior to the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this SubleaseExpiration Date due to a default by Sublessee, which condition conditions may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, Sublessee shall have the option to purchase the Furniture from Sublessor for a price of One Dollar ($1.00), and, if Sublessee properly exercises such option, Sublessor shall become the property provide a xxxx of sale in a commercially reasonable form for such Furniture promptly upon request by Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniture.

Furniture, Fixtures and Equipment. Sublessee In the event that Landlord shall have taken possession of the Premises pursuant to the authority herein granted, then Landlord shall have the right to keep in place and use during all of the Term the office furnishings furniture, fixtures and equipment at the Premises, including that which is owned by or leased to Tenant at all times prior to any foreclosure thereon by Landlord or repossession thereof by any lessor thereof or third party having a lien thereon. Landlord shall also have the right to remove from the Premises (without the necessity of obtaining a distress warrant, writ of sequestration or other legal process) all or any portion of such furniture, fixtures, equipment and other property located thereon and to place same in storage at any Premises within the Subleased County in which the Premises that are identified is located; and in such event, Tenant shall be liable to Landlord for all costs incurred by Landlord in connection with such removal and storage. Landlord shall also have the right to relinquish possession of all or any portion of such furniture, fixtures, equipment and other property to any person (“Claimant”) claiming to be entitled to possession thereof who presents to Landlord a copy of any instrument represented to Landlord by Claimant to have been executed by Tenant (or any predecessor Tenant) granting Claimant the right under various circumstances to take possession of such furniture, fixtures, equipment or other property, without the necessity on Exhibit C attached hereto, the part of Landlord to inquire into the authenticity of said instrument’s copy of Xxxxxx’s or Xxxxxx’s predecessor’s signature(s) thereon and without the necessity of Landlord making any investigation or inquiry as such exhibit may be adjusted by mutual agreement to the validity of the parties prior factual or legal basis upon which Claimant purports to the Third Floor Premises Delivery Date (the “Furniture”)act; and Xxxxxx agrees to indemnify and hold Landlord harmless from all cost, provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Dateexpense, loss, damage and liability incident to Xxxxxxxx’s relinquishment of possession of all or any portion of such furniture, fixtures, equipment or other property to Claimant. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and right of Landlord herein stated shall be responsible for in addition to any loss and all other rights which Landlord has or damage to may hereafter have at law or in equity; and Tenant stipulates and agrees that the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided Sublessee is not in default beyond the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this Sublease, which condition may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of Sublessee, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentence. In the event the Furniture is to become the property of Sublessee upon the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the Furniturerights herein granted Landlord are commercially reasonable.

Furniture, Fixtures and Equipment. Sublessee shall have the right to use during the Term the office furnishings and equipment within the Subleased Premises that which are identified on Exhibit C attached hereto, as such exhibit may be adjusted by mutual agreement of the parties prior to the Third Floor Premises Delivery Date hereto (the “Furniture”), provided Sublessee may only use the Furniture located in the Second Floor Premises after the Second Floor Commencement Date) at no additional cost to Sublessee. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Sublessee shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Sublessee shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Sublessee shall surrender the Furniture to Sublessor upon the termination of this Sublease in the same condition as exists as of the applicable Delivery Commencement Date, reasonable wear and tear excepted. Sublessee shall not remove any of the Furniture from the Subleased Premises. Notwithstanding anything to the contrary herein, Sublessee may provide Sublessor with written notice one (1) time not less than forty-five (45) days prior to the Third Floor Premises Delivery Date that lists any items of Furniture that Sublessee does not want to use and Sublessor shall, at no cost to Sublessee, remove such items from the Subleased Premises prior to the Third Floor Premises Delivery Date and such items shall no longer be considered Furniture hereunder. Notwithstanding the foregoing, provided (i) Sublessee is has not in default defaulted under this Sublease (beyond applicable notice and cure periods) and (ii) this Sublease has not been terminated as a result thereof prior to the expiration of any applicable cure or grace period as of the date of the expiration or earlier termination of this SubleaseExpiration Date, which condition conditions may be waived by Sublessor in its sole discretion, then upon the expiration or earlier termination of this Sublease, the Furniture shall become the property of SublesseeSublessee in exchange for $1, and Sublessee shall accept the same in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever except as provided in the Bill of Sale referred to in the following sentencewhatsoever. In such case, Sublesssee shall have the event obligation to remove the Furniture is to become from the property of Sublessee upon Subleased Premises on the expiration or earlier termination of this Sublease pursuant to the terms of the immediately preceding sentence, then Sublessor agrees to execute and deliver to Sublessee a Bill of Sale in the form of Exhibit D attached hereto conveying and transferring to Sublessee the FurnitureSublease.