Common use of Occupancy by Others Clause in Contracts

Occupancy by Others. Furthermore, and notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord, to permit the occupancy of up to ten percent (10%) of the entire Premises in the aggregate, to any individual(s) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 4 contracts

Samples: Sublease (Reddit, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)

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Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Tenant shall have the rightright (without the payment of a Transfer Premium, without being subject to Section 14.4, and without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premiumconsent, but on not less than five (5) business days only following prior written notice to Landlord), to permit the occupancy (which shall otherwise be deemed a Transfer hereunder) of up to ten a cumulative total of twenty-five percent (1025%) of the entire Premises rentable square footage of the Premises, in the aggregate, to any individual(s) with an ongoing ongoing, business relationship with Tenant substantially similar to the Permitted Use (other than the dual occupancy of the Premises). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, “Tenant’s Occupants”) on and subject to the following conditions: (i) each individual such individuals or entity entities shall not be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall permitted to occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iiiii) all such individuals or entities shall be of a character and reputation consistent with the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion first-class quality of the Premises occupied by such occupantsBuilding and the Project; and (iviii) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14L 4. Any occupancy permitted under this Section 14.9 Tenant shall not be deemed a Transfer under this Article 14promptly supply Landlord with any documents or information reasonably requested by Landlord regarding any such individuals or entities. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Occupancy by Others. Furthermore, and notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord, to permit the occupancy of up to ten fifteen percent (1015%) of the entire Premises rentable square footage of the Premises, pursuant to an occupancy agreement between Tenant and such occupant, which agreement must be approved in the aggregateadvance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed), to any individual(s) or entity(ies) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises)Tenant. Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14; and (v) no such occupant shall be required to maintain the insurance coverage required to be maintained by Tenant hereunder (and, solely for the purposes of determining Tenant’s liability hereunder for the acts or omissions of such occupants and the applicability of Tenant’s insurance coverage towards such liability, any such occupant shall be deemed to be an employee of Tenant for the purposes of insurance and indemnity provisions of this Lease). Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Occupancy by Others. Furthermore, and notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord, to permit the occupancy of up to ten percent (10%) of the entire Premises rentable square footage of the Premises, pursuant to an occupancy agreement between Tenant and such occupant, which agreement must be approved in the aggregateadvance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed), to any individual(s) or entity(ies) with an ongoing business relationship with Tenant, including Tenant’s partners, agents, contractors and consultants performing services for Tenant (other than the dual occupancy of the Premises)or its clients. Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building Buildings and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14; and (v) no such occupant shall be required to maintain the insurance coverage required to be maintained by Tenant hereunder (and, solely for the purposes of determining Tenant’s liability hereunder for the acts or omissions of such occupants and the applicability of Tenant’s insurance coverage towards such liability, any such occupant shall be deemed to be an employee of Tenant for the purposes of insurance and indemnity provisions of this Lease). Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Original Tenant and any Permitted Transferee Assignee shall have the right, without the receipt of Landlord’s 's consent and without payment to Landlord of the Transfer Premium, but on not less than five thirty (530) business days prior written notice to Landlord, to permit the occupancy of up to ten percent (10%) of the entire Premises Premises, in the aggregate, to any individual(s) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises). Such , including any Permitted Transferee, which occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; , and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. Tenant shall promptly supply Landlord with any documents or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Sorrento Summit (Nuvasive Inc)

Occupancy by Others. Furthermore, and notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, without the receipt of Landlord’s 's consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord, to permit the occupancy of up to ten fifteen percent (1015%) of the entire Premises rentable square footage of the Premises, pursuant to an occupancy agreement between Tenant and such occupant, which agreement must be approved in the aggregateadvance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed), to any individual(s) or entity(ies) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises)Tenant. Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14; and (v) no such occupant shall be required to maintain the insurance coverage required to be maintained by Tenant hereunder (and, solely for the purposes of determining Tenant's liability hereunder for the acts or omissions of such occupants and the applicability of Tenant's insurance coverage towards such liability, any such occupant shall be deemed to be an employee of Tenant for the purposes of insurance and indemnity provisions of this Lease). Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, without the payment of a Transfer Premium, without the receipt of Landlord’s consent consent, and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice Notice to Landlord, to permit the occupancy of up to ten percent (10%) portions of the entire Premises in the aggregate, to any individual(s) or entities with an ongoing a bona fide business relationship with Tenant (other than the dual which business relationship is not created solely in order to allow occupancy of the Premises). Such occupancy pursuant to Premises under this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, 14.9) (“Tenant’s Occupants”) on and subject to the following conditions: (i) each individual all such individuals or entity entities shall be of a character and reputation consistent with the quality types of the Building and the Projectpeople generally rendering similar types of services; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14; (iii) the space occupied by such Tenant’s Occupants is not separately demised from the Premises and does not have a separate entrance from the Premises; and (iv) in the aggregate, such Tenant’s Occupants do not occupy more than 2,000 rentable square feet of the Premises. Tenant shall promptly supply Landlord with any documents or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve relive Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Tenant shall have the rightright without the payment of a Transfer Premium, without being subject to Section 14.4, and without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord's consent, to permit the occupancy of up to ten percent (10%) portions of the entire Premises in the aggregate, to any individual(s) or entities with an ongoing a business relationship with Tenant (other than the dual occupancy of the Premises). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and "Tenant's Occupants") subject to the following conditions: (i) each individual all such individuals or entity entities shall be of a character and reputation consistent with the quality of the Building, as judged by then existing tenants of the Building and the Projectof Comparable Buildings; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations obligation under this Lease or the restrictions on Transfers pursuant to this Article 14, (iii) in the aggregate, such Tenant's Occupants do not occupy more than ten percent (10%) of the Premises; and (iv) such Tenant's Occupants do not have a separately demised space or separate exclusive entrance to their space. Tenant shall promptly supply Landlord with any document or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 1414 and shall not require Landlord's consent. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.. 788288.01/WLA 375755-00007/8-9-18//ejw -29- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, Inc.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Original Tenant shall have the right, without the receipt of Landlord’s 's consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord, to permit the occupancy of up to ten percent (10%) of the entire Premises Premises, in the aggregate, to any individual(s) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises) (each, a "Permitted User"). Such , which occupancy pursuant to this Section 14.9 shall may include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) Landlord and any Landlord Party shall not have litigated against any such proposed Permitted User; (ii) the Permitted User shall not be entitled, directly or indirectly, to diplomatic or sovereign immunity and shall be subject to service of process in and subject to the jurisdiction of, the courts of the State; (iii) each individual or entity Permitted User shall be of a character and reputation consistent with the quality of the Building and the Project; (iiiv) no individual or entity Permitted User shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iiiv) the rent, if any, paid by such occupants Permitted User shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; , and (ivvi) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. Tenant shall promptly supply Landlord with any documents or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Callan Ridge (Turning Point Therapeutics, Inc.)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, right without the payment of a Transfer Premium and without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord's consent, to permit the occupancy of up to ten percent (10%) portions of the entire Premises in the aggregate, to any individual(s) or entities with an ongoing a business relationship with Tenant (other than the dual occupancy of the Premises). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and "Tenant's Occupants") subject to the following conditions: (i) each individual all such individuals or entity entities shall be of a character and reputation consistent with the quality types of people generally rendering similar types of services in the Building and the Projectapplicable profession; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations obligation under this Lease or the restrictions on Transfers pursuant to this Article 14, (iii) in the aggregate, such Tenant's Occupants do not occupy more than ten percent (10%) of the Premises; and (iv) such Tenant's Occupants do not have a separately demised space or separate exclusive entrance to their space. Tenant shall promptly supply Landlord with any document or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer requiring Landlord's consent under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Office Lease (8x8 Inc /De/)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Original Tenant and its Permitted Transferee Assignees shall have the right, without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice Premium or counting towards Landlord’s right to Landlordrecapture space under Section 14.4 above, to permit the occupancy of up to ten percent one (10%1) full floor of the entire Premises in the aggregate, to any individual(s) with or entity that has an ongoing business relationship with Tenant (other than the dual occupancy of the Premises). Such , which occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; and (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. Tenant shall provide notice to Landlord of any occupancy under this Section 14.8 within ten (10) business days after the commencement thereof. Tenant shall promptly supply Landlord with any documents or information reasonably requested by Landlord regarding the identity of any such individuals or entities. Any occupancy permitted under this Section 14.9 14.8 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Unity Software Inc.)

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Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Tenant shall have the rightright (without the payment of any Subrent, without being subject to Section 14.1.C, and without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premiumconsent, but on not less than five (5) business days only following prior written notice to Landlord), to permit the occupancy of up to ten percent a total of five thousand (10%5,000) of the entire Premises in the aggregate, to any individual(s) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions rentable square feet of the Premises which shall be common to Tenant Tenant’s related (but not affiliated) parties and the permitted occupantsvendors (“Tenant’s Occupants”), on and subject to the following conditions: (i) each individual such individuals or entity entities shall not be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall permitted to occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iiiii) all such individuals or entities shall be of a character and reputation consistent with the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion quality of the Premises occupied by such occupantsProject; and (iviii) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. Tenant shall promptly supply Landlord with any documents or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 14.1.J shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Intevac Inc)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Tenant shall have the rightright (without the payment of any Subrent, without being subject to Section 14.1.C, and without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premiumconsent, but on not less than five (5) business days only following prior written notice to Landlord), to permit the occupancy of up to ten percent a total of fifteen thousand (10%15,000) of the entire Premises in the aggregate, to any individual(s) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions rentable square feet of the Premises which shall be common to Tenant Tenant’s related (but not affiliated) parties and the permitted occupantsvendors (“Tenant’s Occupants”), on and subject to the following conditions: (i) each individual such individuals or entity entities shall not be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall permitted to occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iiiii) all such individuals or entities shall be of a character and reputation consistent with the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion quality of the Premises occupied by such occupantsProject; and (iviii) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. Tenant shall promptly supply Landlord with any documents or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 14.1.J shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Intevac Inc)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Original Tenant and its Permitted Transferees shall have the right, without the receipt of Landlord’s 's consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice Premium or counting towards Landlord's right to Landlordrecapture space under Section 14.4 above, to permit the occupancy of up to ten percent twenty-six thousand (10%26,000) RSF of space in the entire Premises Office Space, in the aggregate, to any individual(s) with or entity ("Incubator Transferees") that has an ongoing business relationship with Tenant (other than the dual occupancy of the PremisesOffice Space). Such , which occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises Office Space which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises Office Space or which contains an entrance to such portion of the Premises Office Space other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupantsOffice Space; and (iviii) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. Tenant shall provide notice to Landlord of any occupancy under this Section 14.8 within ten (10) business days after the commencement thereof. Tenant shall promptly supply Landlord with any documents or information reasonably requested by Landlord regarding the identity of any such individuals or entities. Any occupancy permitted under this Section 14.9 14.8 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

Occupancy by Others. Furthermore, and notwithstanding Notwithstanding any contrary provision of this Article 14, the Tenant shall have the rightright without the payment of a Transfer Premium, without being subject to Section 14.4, and without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord's consent, to permit the occupancy of up to ten percent (10%) portions of the entire Premises in the aggregate, to any individual(s) or entities with an ongoing a business relationship with Tenant (other than the dual occupancy of the Premises). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and "Tenant's Occupants") subject to the following conditions: (i) each individual all such individuals or entity entities shall be of a character and reputation consistent with the quality of the Buildings, as judged by then existing tenants of the Building and the Projectof Comparable Buildings; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations obligation under this Lease or the restrictions on Transfers pursuant to this Article 14, (iii) in the aggregate, such Tenant's Occupants do not occupy more than ten percent (10%) of the Premises; and (iv) such Tenant's Occupants do not have a separately demised space or separate exclusive entrance to their space. Tenant shall promptly supply Landlord with any document or information reasonably requested by Landlord regarding any such individuals or entities. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 1414 and shall not require Landlord's consent. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Occupancy by Others. Furthermore, and notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, without the receipt of Landlord’s 's consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord, to permit the occupancy of up to ten percent (10%) 30,000 rentable square footage of the entire Premises in the aggregatePremises, pursuant to an occupancy agreement between Tenant and such occupant, to any individual(s) or entity(ies) with an ongoing business relationship with Tenant, including Tenant's partners, agents, contractors and consultants performing services for Tenant (other than the dual occupancy of the Premises)or its clients. Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14; and (v) no such occupant shall be required to maintain the insurance coverage required to be maintained by Tenant hereunder. Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Oyster Point (Cytokinetics Inc)

Occupancy by Others. Furthermore, and notwithstanding any contrary provision of this Article 14, the Tenant shall have the right, without the receipt of Landlord’s consent and without payment to Landlord of the Transfer Premium, but on not less than five (5) business days prior written notice to Landlord, to permit the occupancy of up to ten percent (10%) of the entire Premises rentable square footage of the Premises, pursuant to an occupancy agreement between Tenant and such occupant, which agreement must be approved in the aggregateadvance by Landlord (such approval not to be unreasonably withheld, conditioned or delayed), to any individual(s) or entity(ies) with an ongoing business relationship with Tenant (other than the dual occupancy of the Premises“Permitted Occupants”). Such occupancy pursuant to this Section 14.9 shall include the use of a corresponding interior support area and other portions of the Premises which shall be common to Tenant and the permitted occupantsPermitted Occupants, on and subject to the following conditions: (i) each individual or entity shall be of a character and reputation consistent with the quality of the Building and the Project; (ii) no individual or entity shall occupy a separately demised portion of the Premises or which contains an entrance to such portion of the Premises other than the primary entrance to the Premises; (iii) the rent, if any, paid by such occupants shall not be greater than the rent allocable on a pro rata basis to the portion of the Premises occupied by such occupants; and (iv) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14; and (v) no such occupant shall be required to maintain the insurance coverage required to be maintained by Tenant hereunder (and, solely for the purposes of determining Tenant’s liability hereunder for the acts or omissions of such occupants and the applicability of Tenant’s insurance coverage towards such liability, any such occupant shall be deemed to be an employee of Tenant for the purposes of insurance and indemnity provisions of this Lease). Any occupancy permitted under this Section 14.9 shall not be deemed a Transfer under this Article 14. Notwithstanding the foregoing, no such occupancy shall relieve Tenant from any liability under this Lease.

Appears in 1 contract

Samples: Office Lease (Box Inc)

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