NEOSE ACCESS Clause Samples

NEOSE ACCESS. Upon Closing and consummation of the Lease, Auxilium hereby gives to Neose from the date of the Closing through February 28, 2007: (a) the exclusive right to use and occupy the laboratory and office areas of the Property designated as Neose Space in Schedule 1.1 ("Neose Space"), (b) the non-exclusive right in common with Auxilium to use and occupy the areas of the Property designated as Shared Space in Schedule 1.1 ("Shared Space"), (c) the non-exclusive right in common with Auxilium to use the Property's parking lot reasonably sufficient to accommodate Neose's access hereunder ("Parking Space"), (d) the non-exclusive right in common with Auxilium to use all corridors and other means of access to the Neose Space, the Shared Space and the Parking Space (together with the Neose Space, the Shared Space and the Parking Space, the "Spaces") and (e) the non- exclusive right in common with Auxilium to use the fax machines and copiers conveyed to Alexandria pursuant to the Agreement of Sale, and which are being leased by Alexandria to Auxilium pursuant to the Lease. The foregoing rights to use and occupy the Spaces shall be free of any and all charges. Each party agrees that access to the Shared Space by both parties may require schedules to be coordinated and/or changed from time to time to enable each party to carry out its regular business objective. Neose and Auxilium shall endeavor to have a working schedule in place by the Closing. Each party agrees that it shall provide notice to the other as soon as it is determined that a reasonable change to an agreed schedule is required. All schedules and reasonable changes to existing schedules shall be coordinated through the Representatives described below. The Spaces will be made available to Neose on an "As-Is, Where-Is" basis, without representation or warranty of any kind and Neose expressly accepts the Spaces on such basis.