Furniture Subtenant shall have the right to use the Furniture during the term, and shall return the Furniture to Sublandlord upon expiration or earlier termination of this Sublease in the same condition as when delivered, ordinary wear and tear excepted. Subtenant shall remove all of its personal property which is not Furniture prior to the Delivery Date. At Sublandlord’s option, Subtenant, at its sole cost and expense, shall either be responsible for the replacement of any items that are lost, damaged or show wear and tear other than ordinary wear and tear, or Subtenant shall pay to Sublandlord within 10 days after written demand, (i) 100% of the cost of the item as set forth on Exhibit D attached hereto if the termination of the Lease or a default beyond applicable notice and cure periods occurs in the first twelve months of the Sublease Term, (ii) 66% of the cost of the item as set forth on Exhibit D if the termination of the Lease or a default beyond applicable notice and cure periods occurs in the second twelve months of the Sublease Term, or (iii) 33% of the cost of the item as set forth on Exhibit D if the termination of the Lease or a default beyond applicable notice and cure periods occurs after the 24th month of the Sublease Term. The Furniture shall at all times remain in the Subleased Premises, and Subtenant shall not at any time move the Furniture to any of its other space in the Building. Sublandlord may enter the Subleased Premises at any time to inspect and inventory the Furniture, and determine whether Subtenant has performed all of its obligations with respect thereto. Sublandlord makes no representations or warranties to Subtenant regarding the condition or fitness of the Furniture for Subtenant’s intended use. Subtenant shall indemnify, defend, and hold Sublandlord harmless from any and all injury, cost, loss, liability and expense, including without limitation, reasonable attorneys fees, arising out of or in connection with Subtenant’s use of the Furniture.
