Common use of Permitted Occupancy Clause in Contracts

Permitted Occupancy. Tenant shall have the right to sublease or license portions of the Premises to “Permitted Occupants” (defined below) pursuant to commercially reasonable agreements per the terms of this Section 14.9, without (i) Landlord approval, (ii) Landlord having a right to recapture the Premises, (iii) notice to Landlord, (iv) Landlord sharing in any profit or income from such sublease; and (v) payment of the Transfer Premium. Notwithstanding any provision contained in the Lease to the contrary, Landlord hereby acknowledges and agrees that, Tenant may, subject to the applicable terms and conditions of the Lease, permit no more than fifteen percent (15%) of the Premises (the “Permitted Occupant Space”) to be occupied and utilized for the use permitted by the Lease by certain individual(s) or entity(ies) that are affiliates, strategic partners or other entities with whom Tenant has or is then establishing a bona fide business relationship (the “Permitted Occupants”) without Landlord’s consent; provided however, (a) such Permitted Occupants shall be of a character and reputation consistent with the first-class quality of the Building and shall not violate the terms of any other lease in the Building; and (b) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under the Lease, or the restrictions on Transfers pursuant to this Article 14. Tenant shall promptly supply Landlord with the name of any such Permitted Occupants, a copy of the fully-executed sublease or license with such Permitted Occupant and any documents or information reasonably requested by Landlord regarding any such Permitted Occupants and/or their occupancy of the Permitted Occupant Space. The occupancy of the Permitted Occupant Space by any Permitted Occupants permitted under this Section 14.9 shall not be deemed a Transfer. Notwithstanding the foregoing, no such occupancy by any such Permitted Occupants shall relieve Tenant from any liability under the Lease. Permitted Occupants are “Tenant Parties” under Section 10.1 above.

Permitted Occupancy. Landlord acknowledges that one of Tenant’s uses of the Premises is for a business incubator. Accordingly, Tenant shall have the right to sublease or license portions of the Premises to “Permitted Occupants” (defined below) pursuant to a commercially reasonable agreements sublease agreement per the terms of this Section 14.914, without (i) Landlord approval, (ii) Landlord having a right to recapture the Premises, (iii) notice to Landlord, (iv) Landlord sharing in any profit or income from such sublease; and (v) payment of the Transfer Premium. Notwithstanding any provision contained in the Lease to the contrary, Landlord hereby acknowledges and agrees that, Tenant may, subject to the applicable terms and conditions of the Lease, permit no more than fifteen twenty-five percent (1525%) of the Premises (the “Permitted Occupant Space”) to be occupied and utilized for the use permitted by the Lease by certain individual(s) any individual third parties that have a sublease or entity(ies) that are affiliates, strategic partners or other entities license agreement with whom Tenant has or is then establishing a bona fide business relationship (the “Permitted Occupants”) without Landlord’s consent; provided however, (a) such Permitted Occupants shall be of a character and reputation consistent with the first-class quality of the Building and shall not violate the terms of any other lease in the Building; and (b) such occupancy shall not be a subterfuge by Tenant to avoid its obligations under the Lease, or the restrictions on Transfers pursuant to this Article 14. Tenant shall promptly supply Landlord with the name of any such Permitted Occupants, a copy of the fully-executed sublease or license with such Permitted Occupant and any documents or information reasonably requested by Landlord regarding any such Permitted Occupants and/or their occupancy of the Permitted Occupant Space. The occupancy of the Permitted Occupant Space by any Permitted Occupants permitted under this Section 14.9 shall not be deemed a Transfer. Notwithstanding the foregoing, no such occupancy by any such Permitted Occupants shall relieve Tenant from any liability under the Lease. Permitted Occupants are “Tenant Parties” under Section 10.1 above.