Existing FF&E Clause Samples
The 'Existing FF&E' clause defines the treatment and status of furniture, fixtures, and equipment (FF&E) that are already present at a property prior to a transaction or project. It typically outlines which items are considered existing, who retains ownership, and whether these items will remain, be removed, or be replaced as part of the agreement. For example, it may specify that certain office desks and lighting fixtures are to stay with the premises, while others must be removed by the seller. This clause ensures clarity regarding the disposition of existing assets, preventing disputes over ownership and responsibility for FF&E during and after the transaction.
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Existing FF&E. Section 4.b of the Lease is hereby deleted in its entirety and replaced with the following: “Pursuant to the terms of this Section, Landlord will transfer to Tenant ownership of certain of the Systems Panel Furniture cubicles currently located in Suites D4 and D5 on the 4th and 5th floors of Building D. Within thirty (30) days after the date of this Amendment, Landlord, at its sole cost and expense, will relocate the System Panel Furniture cubicles in D4 to Suite D5 on the 5th floor of Building D. Any damaged cubicles will be removed by Tenant within the above thirty (30) day period and discarded at Tenant’s sole cost and expense. Following the relocation of the cubicles from Suite D4 to Suite D5 pursuant to this Section, Tenant shall be the owner of all of the cubicles located in Suite D5 and such cubicles shall be referred to herein as the “Existing FF&E.” Landlord will store the Existing FF&E in Suite D5 through March 20, 2010 at no charge to Tenant. Following March 20, 2010, Tenant may elect to extend such storage period on a month-to-month basis (but not to exceed ninety (90) days (such extension period is referred to in this paragraph as the “Extension Period”)), provided that (x) Tenant shall provide Landlord written notice of such extension of the storage period no later than February 20, 2010, and (y) Tenant shall pay to Landlord, as Additional Rent, $0.937 per month per square foot of storage space leased. For purposes of calculating such Additional Rent (whether pursuant to this paragraph or last grammatical paragraph of this Section), the “storage space leased” shall mean the actual square footage occupied by the Existing FF&E. During the Extension Period, either party shall have the right to terminate the term of Tenant's storage rights by giving at least thirty (30) days notice to the other; however, the effective date of any such termination shall not be any earlier than April 20, 2010. Prior to March 20, 2010, or the expiration of the Extension Period (if exercised), Tenant shall relocate the Existing FF&E to the Premises at its sole cost and expenses. Tenant shall provide Landlord no less than five (5) business days notice of the intended relocation. At any time prior to March 20, 2010, or during the Extension Period (if exercised), Landlord shall have the one (1) time right, upon thirty (30) days prior written notice to Tenant, to require Tenant to relocate the Existing FF&E to a location or locations identified by Landlord in Building D ...
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. 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. During the Temporary Premises Term, Landlord hereby grants Tenant a license to use, free of additional charge to Tenant, the Existing FF&E in the Temporary Premises. Landlord makes no representation or warranty, express or implied, with respect to physical condition, merchantability or fitness for any particular purpose or any other matter regarding the Existing FF&E, it being the intention of Landlord and Tenant to expressly negate and exclude all such warranties, including, without limitation, the implied warranties of merchantability and fitness for any particular purpose, warranties created by any affirmation or fact or promise or by any description of the Existing FF&E, and all other representations and warranties whatsoever contained in or created by the Uniform Commercial Code of California. Tenant does hereby accept such license to use the Existing FF&E and acknowledges and agrees that it takes the Existing FF&E "as is," "where is" and without representation or warranty, express or implied, as to physical condition, fitness for any particular purpose or any other matter regarding the Existing FF&E. As used herein the term "Existing FF&E" means, collectively, the furniture, trade fixtures, equipment and other items of movable personal property that exist in the Temporary Premises as of the Temporary Premises Commencement Date (if any), which such Existing FF&E does not include, for the avoidance of doubt, any non-trade fixtures, leasehold improvements or other property (personal or real) of Landlord.
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. 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 ▇▇▇ 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 ▇▇▇ 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 ▇▇▇ 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 ▇▇▇ 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. 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. 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. 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