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Fixtures and Equipment
Fixtures and Equipment contract clause examples

The parties hereby acknowledge that the Subleased Premises currently contains certain furniture, fixtures, and equipment listed or depicted in the materials attached hereto and made a part hereof as [Exhibit C] (collectively, the “Sublandlord FF&E”). On or before July 10, 2020, Subtenant shall provide a schedule to Sublandlord setting forth all items of Sublandlord FF&E, if any, that Subtenant desires that Sublandlord remove from the Subleased Premises on or prior to the Commencement Date at no cost to Subtenant (the “Rejected Sublandlord’s FF&E Schedule”), which Rejected Sublandlord’s FF&E Schedule shall be attached hereto and made a part hereof as [Exhibit D] upon delivery to Sublandlord. Subtenant’s failure to send the required notice and Rejected Sublandlord’s FF&E Schedule by July 10, 2020 shall be deemed Subtenant’s election to keep all items of Sublandlord FF&E within the Subleased Premises during the term for Subtenant’s use. As used in this Sublease, “Accepted Sublandlord FF&E” shall mean and refer to all Sublandlord FF&E not listed on the Rejected Sublandlord’s FF&E Schedule, and “Rejected Sublandlord FF&E” shall mean and refer to all Sublandlord FF&E listed on the Rejected Sublandlord’s FF&E Schedule.

FF&E. Subtenant shall be permitted to use the furniture, fixtures and equipment in the Premises on the Commencement Date (the “FF&E”) (which FF&E consists of a portion of the furniture, fixtures and equipment acquired by Sublandlord from the former occupant of the Premises). Sublandlord represents and warrants that all furniture, fixtures and equipment that it acquired from the former occupant of the Premises which Subtenant required to be removed from the Premises, has been, or will be, removed by Sublandlord from the Premises prior to the Effective Date. Subtenant shall maintain and repair the FF&E, but shall not be required to replace any FF&E if it wears out, and the FF&E shall remain Sublandlord’s property and shall remain in the Premises upon the expiration or sooner termination of this Sublease.

FF&E. Sublandlord shall make available to Subtenant, at no cost to Subtenant, for its exclusive use during the Term the furniture, fixtures and equipment, artwork, and AV equipment listed on Exhibit C (“FF&E”); provided, however that the FF&E shall not include, and Subtenant shall not have the use of, the security system serving the Premises. Subtenant accepts such FF&E in their “as is” condition, and Sublandlord makes no representation or warranty with respect to their condition. Subtenant acknowledges that such FF&E has been used and/or refurbished prior to the Commencement Date. Subtenant shall be liable for any damage to the FF&E, other than ordinary wear and tear, and shall be solely responsible for all costs associated with the insurance, maintenance, cleaning and repair of the FF&E and any taxes related thereto. All FF&E shall remain the property of Sublandlord and shall be surrendered to Sublandlord with the Premises upon the expiration of the Term in substantially the same condition they were in upon the Commencement Date, ordinary wear and tear excepted, subject to the following provisions. Notwithstanding the foregoing, at Sublandlord’s option, Subtenant shall be deemed to have acquired the FF&E for the sum of $1.00 (which amount will be deducted from the Security Deposit) as of the Expiration Date (or earlier termination date) from Sublandlord free and clear of all liens and shall remove the FF&E as part of Subtenant’s obligations to remove Subtenant’s personal property from the Premises at the end of the Term. Upon the request of either Sublandlord or Subtenant, subject to the foregoing, the parties shall execute a bill of sale confirming the foregoing transfer of title.

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