Existing FF&E. Tenant shall also have the right to use during the Term the existing furniture, trade fixtures and equipment located in the Premises, as listed on Exhibit F attached hereto (“Existing FF&E”) in its “as is” condition as of the Effective Date at no charge. Tenant shall keep and maintain the Existing FF&E in good condition and repair throughout the Term. At the expiration or earlier termination of the Term, Tenant shall leave the Existing FF&E in the same condition as delivered to Tenant, reasonable wear and tear, and damage or loss due to casualty excepted.
Existing FF&E. All of the furniture, fixtures and equipment located in the Premises and the Licensed Space as of the Commencement Date (collectively, the “Premises FF&E”) shall remain the property of Landlord. For the avoidance of doubt, the equipment located in the Premises and the Licensed Space and identified on Exhibit E attached hereto (the “Excluded FF&E,” and together with the Premises FF&E, collectively, the “Existing FF&E”) is the sole property of the Tenant and does not constitute part of the property being leased to Tenant hereunder; it being agreed and acknowledged that all of Landlord’s right, title and interest in and to the Excluded FF&E have been conveyed to Tenant pursuant to and subject to the terms of the Separation and Distribution Agreement. Notwithstanding the foregoing, the Premises FF&E shall not include any testing, manufacturing, laboratory, operating or other equipment currently use primarily by Tenant in connection with the AFI Business (as defined in the Separation and Distribution Agreement). Landlord makes no representation or warranty with respect to the Existing FF&E. Landlord shall have no obligation or liability to repair, replace or maintain the Existing FF&E. Tenant, at Tenant’s sole cost and expense, shall maintain the Existing FF&E in good working order and condition subject to reasonable wear and tear and shall have the right to replace the Existing FF&E or otherwise install such other furniture, fixtures and equipment in the Premises or the Licensed Space in accordance with the terms set forth in Article 7 and Article 40, as applicable. At or prior to the expiration or earlier termination of this Lease, Tenant shall remove all Excluded FF&E from the Premises and shall restore, at Tenant’s sole cost and expense, the Premises in a manner reasonably satisfactory to Landlord. All Excluded FF&E remaining in the Premises following the expiration or earlier termination of this Lease shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the Premises by Landlord at Tenant’s expense.
Existing FF&E. If Tenant does not terminate this Lease during the Study Period, then effective as of the Commencement Date, Landlord hereby conveys to Tenant (and Tenant hereby accepts from Landlord) all of the furniture, fixtures and equipment located within the Premises on the Effective Date (the “Existing FF&E”), and this Lease shall serve as a Bill of Sale therefor. The Existing FF&E is conveyed and delivered (and Tenant will accept the Existing FF&E) without any representations or warranties of any kind or nature, all of which are hereby disclaimed, including, without limitation, any representations or warranties as to merchantability or fitness for a particular purpose, whether express or implied, and Tenant hereby releases and indemnifies Landlord for any damages, claims, awards, costs, fees and/or expenses arising out of the condition, operation or use of the Existing FF&E.
Existing FF&E. The furniture, movable fixtures, and equipment referred 18 to in attached Exhibit 11.2.2 (the “Existing FF&E”) currently exist at the VMC. The Existing 19 FF&E falls into two categories, each a separate column on Exhibit 11.2.2: the Existing FF&E 20 which will remain at the VMC or be stored elsewhere during construction, which is shown in 21 column 1; and the Existing FF&E which XXX has agreed to remove from the VMC and the 22 surplus equipment which is the property of the City and may be sold or otherwise disposed of by 23 XXX on behalf of the City, both of which are shown in column 2. The items listed in column 2 1 of Exhibit 11.2.2 will be disposed of or sold by XXX in accordance with applicable Laws, and 2 such disposal shall be a Project Cost. With respect to the Existing FF&E that will remain at the 3 VMC, the City hereby grants XXX a license to use this Existing FF&E throughout the term of 4 the Operating Agreement (as amended by the Second Amendment).
Existing FF&E. As of the Commencement Date, Landlord hereby conveys to Tenant all of Landlord’s right, title and interest in and to the equipment currently located in the Building listed on Exhibit “E” attached hereto (collectively, the “FF&E”). Landlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the FF&E. Tenant confirms that it has had the reasonable opportunity to inventory and inspect the FF&E and hereby represents that (i) it accepts the FF&E "AS IS AND WITH ALL FAULTS", and (ii) it is satisfied that all items of FF&E listed on Exhibit "E" attached hereto are currently located in the Building and are hereby accepted by Tenant, subject to and in accordance with the terms of this Section 1.4. Throughout the Term of this Lease, Tenant shall be obligated to maintain the FF&E, and shall obtain and maintain property insurance on the FF&E as set forth in Section 20.1(a) below. In no event shall Landlord have any liability or responsibility with respect to the FF&E, and Landlord shall have no responsibility to repair, replace or refurbish the FF&E at any time for any reason, unless due to Landlord’s intentional or grossly negligent acts or omissions.
Existing FF&E. Subtenant, at no charge, shall be allowed use of the furniture, fixtures and equipment currently located in the Building in its AS IS condition and set forth in Exhibit D attached hereto and made a part hereof (“Existing FF&E”). Sublandlord makes no representation regarding the condition of the Existing FF&E nor does Sublandlord give any warranty of fitness for a particular purpose. Subtenant is permitted to use the Existing FF&E in the Sublease Premises and shall not remove any Existing FF&E from the Building for use in other locations. Subtenant shall have the option to purchase all or part of the Existing FF&E in the amount of one dollar ($1.00) during the Term of the Sublease upon written notice to Sublandlord. In the event Subtenant does not elect to purchase all or part of the Existing FF&E, Subtenant shall not remove the Existing FF&E from the Sublease Premises at the end of the Term of the Sublease. Sublandlord represents that as of the Commencement Date, Sublandlord is the owner of the furniture located in the Sublease Premises and has the right to sell the furniture to Subtenant as described herein.
Existing FF&E. It is acknowledged and agreed that the "Existing FF&E", as defined in Section 9(a) above, shall remain the sole property of Landlord, and such Existing FF&E shall not be removed by Tenant at any time during the Term, and shall be surrendered to Landlord upon the expiration or termination of this lease (or Tenant's right to possession hereunder) in the same condition as existing on the Turnover Date hereunder, except for ordinary wear and tear and except for loss or damage by fire or other insured casualty or condemnation (to the extent Tenant is not required to restore pursuant to Section 17 of this lease).
Existing FF&E. All of the furniture, fixtures and equipment located in the Premises and the Licensed Space as of the Commencement Date (collectively, the “Premises FF&E”) shall remain the property of Landlord. For the avoidance of doubt, the equipment located in the Premises and the Licensed Space and identified on Exhibit E attached hereto (the “Excluded FF&E,” and together with the Premises FF&E, collectively, the “Existing FF&E”) is the sole property of the Tenant and does not constitute part of the property being leased to Tenant hereunder; it being agreed and acknowledged that all of Landlord’s right, title and interest in and to the Excluded FF&E have been conveyed to Tenant pursuant to and subject to the terms of the Separation and Distribution Agreement. Notwithstanding the foregoing, the Premises FF&E shall not include any testing, manufacturing, laboratory, operating or other equipment currently use primarily by Tenant in connection with the AFI Business (as defined in the Separation and Distribution Agreement). Landlord makes no representation or warranty with respect to the Existing FF&E. Landlord shall have no obligation or liability to repair, replace or maintain the Existing FF&E. Tenant, at Tenant’s sole cost and expense, shall maintain the Existing FF&E in good working order and condition subject to reasonable wear and tear and shall have the right to replace the Existing FF&E or otherwise install such other furniture, fixtures and equipment in the Premises or the Licensed Space in accordance with the terms set forth in Article 7 and Article 40, as
Existing FF&E. Tenant shall have the right to use the furniture, fixtures and equipment located in the Premises as of the Commencement Date and transferred from Tenant to Landlord under the terms of the Purchase Agreement (“Existing FF&E”). The parties acknowledge that Landlord purchased the Existing FF&E from Tenant on the Commencement Date of this Lease. Tenant hereby agrees that Tenant shall accept and use such Existing FF&E in its “AS IS” condition, “with all faults” and without any express or implied warranty from Landlord (or any of Landlord’s agents, employees and/or representatives) of any kind. Tenant is not relying on any representations or warranties of any kind whatsoever, express or implied, from Landlord, its agents or brokers as to any matters concerning such Existing FF&E, including, without limitation, any implied warranty of fitness for a particular purpose. The Existing FF&E shall remain the property of Landlord during the Lease Term. Notwithstanding the preceding sentence, during the Lease Term, Tenant shall, at Tenant’s sole cost and expense, be responsible for cleaning, repairing, maintaining and replacing the Existing FF&E. Landlord shall have no duty to repair, maintain or replace such Existing FF&E. Tenant shall, at Tenant’s sole cost and expense, maintain the Existing FF&E in good condition and repair during the Lease Term. Tenant hereby assumes all risk of damage to property or injury to persons in connection with the use of the Existing FF&E and Tenant hereby waives all clams in respect thereof against Landlord. For purposes of this Section 34, “good condition and repair” shall mean the condition of such Existing FF&E as of the Commencement Date, reasonable wear and tear, casualty and condemnation excepted. In no event shall Tenant remove the Existing FF&E from the Premises. Upon the expiration (or earlier termination) of the Lease Term, Tenant shall surrender the Existing FF&E to Landlord in the same condition existing on the Commencement Date, reasonable wear and tear excepted.
Existing FF&E
