Permitted Affiliates Clause Samples

Permitted Affiliates. By signing the Agreement, you enter into this DPA on behalf of yourself and, to the extent required under applicable Data Protection Laws, in the name and on behalf of your Permitted Affiliates, thereby establishing a separate DPA between us and each such Permitted Affiliate subject to the Agreement and the ‘General Provisions’ and ‘Parties to this DPA’ sections of this DPA. Each Permitted Affiliate agrees to be bound by the obligations under this DPA and, to the extent applicable, the Agreement. For the purposes of this DPA only, and except where indicated otherwise, the terms “Customer”, “you” and “your” will include you and such Permitted Affiliates.

Permitted Affiliates. Notwithstanding anything contained in this Lease to the contrary, an assignment, subletting or permitting the use of all or any portion of the Premises to or by a Permitted Affiliate (as defined below) of Tenant shall not be deemed a Transfer under this Article 14 and thus shall not be subject to (i) any requirement of obtaining Landlord's consent thereto under this Article 14, (ii) Landlord's right to receive fifty percent (50%) of any Transfer Premium in connection therewith under Section 14.3 or (iii) Landlord's right to recapture the Premises under Section 14.4, provided that (a) Tenant notifies Landlord of such assignment or sublease and the identity of the Permitted Affiliate prior to the effective date thereof and promptly after request from Landlord supplies Landlord with any documents or information reasonably requested by Landlord regarding such assignment or sublease and/or such Permitted Affiliate; and (b) such assignment or sublease is not a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. As used in this Section 14.7, "PERMITTED AFFILIATE" shall mean (1) any person, corporation or other entity which is controlled by, controls, or in common control with Tenant, or (2) any entity which merges with Tenant or acquires substantially all of Tenant's stock or assets, and in either case of (1) or (2) above, such person, corporation or other entity has a net worth as of the effective date of the assignment or sublease at least equal to the net worth of Tenant as of the date of execution of this Lease. "Control," as used in this Section 14.7, shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise.

Permitted Affiliates. Riverbed’s obligations set forth in this DPA will also extend to Permitted Affiliates subject to the following conditions: (a) Customer warrants it is duly authorized to enter into this DPA for and on behalf of any such Customer Affiliates; each Customer Affiliate will be bound by the terms of this DPA as they were the Customer. For the avoidance of doubt, a Permitted Affiliate is not and does not become party to the Agreement and is only a party to the DPA. All access and use of the Services by Permitted Affiliates must comply with the terms and conditions of the Agreement and any violation of the Agreement by a Permitted Affiliate will be deemed a violation by Customer. (b) Customer will remain responsible for coordinating all communication with Riverbed under this DPA and be entitled to make and receive any communications in relation to this DPA on behalf of its Permitted Affiliates. (c) Except where Applicable Data Protection Law requires the Permitted Affiliate to exercise a right or seek any remedy under this DPA against Riverbed directly by itself, the parties agree that (i) Customer will exercise any such right or any such remedy on behalf of the Permitted Affiliate, and (ii) Customer will exercise any such rights under this DPA not separately for each Permitted Affiliate individually but in a combined manner for itself and all of its Authorized Affiliates together.

Permitted Affiliates. Unless expressly set out in the applicable Service Order, and notwithstanding anything else in this Agreement to the contrary, no Affiliates of Client shall be entitled to enjoy the benefit of this Agreement, whether accessing or using the Services and/or as sub-licensees of the other Pixalate Materials provided pursuant to this Agreement or otherwise, other than to the extent that such Affiliate is a Permitted Affiliate. Client shall remain responsible and liable for the acts and omissions of any Permitted Affiliates in respect of this Agreement and shall absolutely, unconditionally and irrevocably guarantee such Permitted Affiliate’s performance and discharge of its obligations with the terms of this Agreement. Client’s obligations shall be independent of its Permitted Affiliate’s obligations and separate actions may be brought against Client. As guarantor, Client authorizes amendments to and waivers of provisions of this Agreement without affecting its guarantee. Client waives any right to require Pixalate to pursue any other remedy before enforcing Client’s guarantee. Client’s guarantee shall not be affected by (i) any disability or defense of its Permitted Affiliate, (ii) the cessation for any reason of its Permitted Affiliate’s liability under this Agreement, (iii) the impairment or loss of Client’s reimbursement, subrogation or similar rights against its Permitted Affiliate, (iv) any law providing that a guarantor's obligations to a lender may not be greater than the obligations of the principal debtor whose obligations are guaranteed, and (v) any law providing that a guarantor is released from liability for guaranteed obligations to the extent that the principal debtor is not liable for such obligations. Where a Permitted Affiliate ceases to be an Affiliate of the Client, any rights of such Permitted Affiliate to enjoy the benefit of this Agreement shall also cease.

Permitted Affiliates. Unless expressly set out in the applicable Service Order, and notwithstanding anything else in this Agreement to the contrary, no Affiliates of Client shall be entitled to enjoy the benefit of this Agreement, whether accessing or using the Services and/or as sub-licensees of the other Pixalate Materials provided pursuant to this Agreement or otherwise, other than to the extent that such Affiliate is a Permitted Affiliate. Client shall remain responsible for and liable for the acts and omissions of any Permitted Affiliates in respect of this Agreement. Where a Permitted Affiliate ceased to be an Affiliate of the Client, any rights of such Permitted Affiliate to enjoy the benefit of this Agreement shall also cease.

Permitted Affiliates. Each of the undersigned, as "Permitted Affiliates" under the foregoing Credit Agreement, consents to the foregoing Third Amended and Restated Revolving Credit Agreement, makes the representations set forth in Article 7 that apply to such Permitted Affiliate, and agrees to be bound by the covenants of Articles 4, 6 and 11 that apply to such Permitted Affiliate and reaffirms its obligations under its Amended and Restated Payment Guaranty, dated the date of this Agreement. Dated as of April 30, 2004 PERMITTED AFFILIATES: JMS ACQUISITION LLC, a Delaware limited liability company ESSEX PORTFOLIO, L.P., a California limited partnership, its sole member and manager By: Essex Property Trust, Inc., A Maryland corporation, its General Partner By: Name: Title: JAYSAC, LTD, Texas limited partnership By: JAYSAC GP CORP., Delaware corporation, its General Partner By: Name: Title: JAYSAC GP CORP., a Delaware corporation By: Name: Title:

Permitted Affiliates. 11.1. By signing the Agreement, Client enter into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws, in the name and on behalf of Client’s Permitted Affiliates, thereby establishing a separate DPA between Vocodia and each such Permitted Affiliate subject to the Agreement and this DPA. Each Permitted Affiliate agrees to be bound by the obligations under this DPA and, to the extent applicable, the Agreement. For the purposes of this DPA only, and except where indicated otherwise, the term “Client” will include Permitted Affiliates. 11.2. Except where applicable Data Protection Laws require a Permitted Affiliate to exercise a right or seek any remedy under this DPA against Vocodia directly by itself, the parties agree that (i) solely the Client entity that is the contracting party to the Agreement will exercise any right or seek any remedy any Permitted Affiliate may have under this DPA on behalf of its Affiliates, and

Permitted Affiliates. By signing the Agreement, eXp enters into this DPA (including, where applicable, the Standard Contractual Clauses) on behalf of itself and in the name and on behalf of its Permitted Affiliates. For the purposes of this DPA only, and except where indicated otherwise, the terms “eXp”, “us” and “our” will include eXp and such Permitted Affiliates.

Permitted Affiliates. Notwithstanding anything to the contrary contained in Paragraph 12 of this Lease, neither (i) an assignment of this Lease in connection with a transfer by Lessee of all or substantially all of the assets of Lessee or Lessee's parent corporation, (ii) an assignment of this Lease to a transferee which is the resulting entity of a merger or consolidation of Lessee or Lessee's parent corporation with another entity, nor (iii) an assignment or subletting of all or a portion of the Premises to Lessee's parent corporation, any corporation which is a wholly owned subsidiary of Lessee's parent corporation, and/or any corporation or other entity which is controlled by, controls, or is under common control with, Lessee's parent corporation, shall be deemed an assignment or sublease which requires Lessor's prior consent under Paragraph 12, provided that (A) Lessee notifies Lessor of any such assignment or sublease or other such transaction and promptly supplies Lessor with any documents or information reasonably requested by Lessor regarding such transaction, (B) such assignment, sublease or other transaction is not a subterfuge by Lessee to avoid its obligations under this ADDENDUM