Common use of Cubicles Clause in Contracts

Cubicles. Landlord and Tenant acknowledge and agree that, (i) Landlord shall purchase a minimum of seventy-three (73) cubicles but a maximum of eighty-two (82) cubicles of comparable quality to those cubicles of Landlord situated in the Building within the Park located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, and otherwise of a type, and produced by a manufacturer, reasonably satisfactory to Landlord and Tenant (“Cubicles”), (ii) the Cubicles shall be configured in the manner described in the Final Space Plan (as defined in Exhibit B), (iii) the Cubicles shall be installed by Landlord and shall be wired for three (3) data lines (CAT – 5), and electrical service, and one (1) chair per Cubicle (together with the Cubicles, the foregoing are collectively, “Cubicles and Equipment”), (iv) the cost of the purchase, transport and installation of the Cubicles and Equipment shall be deducted from the Tenant Improvement Allowance, (v) during the Term of this Lease, Landlord shall lease, as owner, to Tenant, as lessee, at no additional cost or expense, all of the Cubicles and Equipment, (vi) such leasing is on an “AS-IS, WITH ALL FAULTS” basis and subject to all of the terms of this Lease (including, without limitation, Article 10, of this Lease), without recourse, representation or warranty of any kind or nature, express or implied, including without limitation, habitability, merchantability or fitness for a particular purpose, (vii) at the expiration or earlier termination of this Lease, the Cubicles and Equipment shall be returned and surrendered to Landlord in the same or substantially similar condition and repair as when delivered to Tenant, reasonable wear and tear and damage by Landlord excepted, (viii) Tenant shall be obligated to repair, maintain and insure the Cubicles and Equipment, (ix) Tenant shall not have the right or ability to (a) remove or materially modify the Cubicles and Equipment or (b) assign or sublet any of the Cubicles and Equipment except in conjunction with this Lease and the Premises and (x) Tenant shall pay any taxes, assessments and insurance premiums attributable to the Cubicles and Equipment.

Cubicles. Landlord and Tenant acknowledge and agree that, (i) Landlord shall purchase a minimum of seventy-three (73) cubicles but a maximum of eighty-two (82) cubicles of comparable quality to those cubicles of Landlord situated in the Building within the Park located at ▇1▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, and otherwise of a type, and produced by a manufacturer, reasonably satisfactory to Landlord and Tenant (“Cubicles”), (ii) the Cubicles shall be configured in the manner described in the Final Space Plan (as defined in Exhibit B), (iii) the Cubicles shall be installed by Landlord and shall be wired for three (3) data lines (CAT – 5), and electrical service, and one (1) chair per Cubicle (together with the Cubicles, the foregoing are collectively, “Cubicles and Equipment”), (iv) the cost of the purchase, transport and installation of the Cubicles and Equipment shall be deducted from the Tenant Improvement Allowance, (v) during the Term of this Lease, Landlord shall lease, as owner, to Tenant, as lessee, at no additional cost or expense, all of the Cubicles and Equipment, (vi) such leasing is on an “AS-IS, WITH ALL FAULTS” basis and subject to all of the terms of this Lease (including, without limitation, Article 10, of this Lease), without recourse, representation or warranty of any kind or nature, express or implied, including without limitation, habitability, merchantability or fitness for a particular purpose, (vii) at the expiration or earlier termination of this Lease, the Cubicles and Equipment shall be returned and surrendered to Landlord in the same or substantially similar condition and repair as when delivered to Tenant, reasonable wear and tear and damage by Landlord excepted, (viii) Tenant shall be obligated to repair, maintain and insure the Cubicles and Equipment, (ix) Tenant shall not have the right or ability to (a) remove or materially modify the Cubicles and Equipment or (b) assign or sublet any of the Cubicles and Equipment except in conjunction with this Lease and the Premises and (x) Tenant shall pay any taxes, assessments and insurance premiums attributable to the Cubicles and Equipment. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.