Furniture The Original Lease is hereby amended by inserting the following as a new Section 16.18: “Landlord’s Furniture. Landlord hereby leases to Tenant without separate charge, and Tenant hereby hires from Landlord, the personal property currently located within the Premises (the “Included Personal Property”). Landlord makes no representation as to the condition or usability of the Included Personal Property. Tenant shall indemnify and hold harmless Landlord, and its officers, directors, agents, employees and invitees, from and against any and all claims, actions, liability and damages (including without limitation reasonable attorneys’ fees and expenses) sustained by any agent, employee, contractor, invitee, assignee or tenant of Tenant as a result of any injury, damage or other liability suffered in connection with the Included Personal Property. Tenant shall (i) accept the Included Personal Property in its “as is” condition as of the date hereof, as the same may be affected by reasonable wear and tear after the date hereof, (ii) insure the Included Personal Property against loss or damage by fire or other casualty (and all of the provisions of this Lease applicable to insurance required to be carried by Tenant shall be applicable thereto), and (iii) surrender the Included Personal Property to Landlord in the Premises upon the expiration or sooner termination of this Lease in the same condition as of the date hereof, as the same may be affected by reasonable wear and tear. If Tenant desires to remove any or all of the Included Personal Property from the Premises, it shall notify Landlord of its intention with a specific list of the specified property. Landlord shall either inform Tenant that (i) Tenant shall dispose the applicable Included Personal Property, in which event the removal and disposal of the applicable Included Personal Property shall be at Tenant’s sole cost and expense, or (ii) Tenant shall move, at its sole cost and expense, the applicable Included Personal Property to a location at the Project designated by Landlord. In the latter event, the cost and expense of storage will be borne by Landlord. Tenant shall have no obligation to replace or restore any such Included Personal Property so removed upon the Expiration Date.”
