Common use of Permitted Users Clause in Contracts

Permitted Users. (a) Tenant has advised Landlord that one or more Persons, who are clients of Tenant or with whom Tenant has a substantial continuing business relationship (each a “Permitted User”) may from time to time be using space in the Premises. Notwithstanding anything to the contrary in this Article 15 each Permitted User shall be allowed such use, without Landlord’s consent, but upon prior notice to Landlord, upon the following conditions: (i) Landlord or Tishman Speyer Properties L.P. or its successor shall not be litigating against such proposed Permitted User within the prior 12 months, (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 the jurisdiction of the court of, the State of New York, (iii) the total number of Permitted Users using desk space pursuant to this Section 15.14 shall not exceed 5 at any one time, (iv) the aggregate number of rentable square feet used by all Permitted Users at any one time shall not exceed 15,000 rentable square feet, and (v) Tenant shall receive no rent, payment or other consideration in connection with such occupancy in respect of such space other than nominal rent payments (in no event greater per rentable square foot than the Fixed Rent, Tenant’s Operating Payment and Tenant’s Tax Payment payable hereunder per rentable square foot) or other consideration for actual services rendered or provided by or for such occupant. (b) With respect to each and every Permitted User, the following shall apply: (i) each Permitted User shall have no privity of contract with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or obligation to the Permitted User under this Lease for any reason whatsoever in connection with such use or occupancy, which use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10), (ii) each Permitted User shall use the Premises in conformity with all applicable provisions of this Lease, including Article 3, and (iii) Tenant shall be liable for the acts of such Permitted User in the Premises.

Permitted Users. External Entity shall identify those Permitted Users authorized to receive personal access to the RMIS. RHS will provide External Entity with individual access codes to the RMIS for each of its Permitted Users as set forth herein. 2.2.1. With respect to External Entity and External Entity’s Permitted Users, External Entity hereby covenants, represents, warrants, acknowledges and agrees as follows: (a) Tenant has advised Landlord that one or more Persons, who are clients of Tenant or with whom Tenant has a substantial continuing business relationship (each a “Permitted User”) may from time to time be using space in the Premises. Notwithstanding anything to the contrary in this Article 15 each A Permitted User shall be allowed such use, without Landlord’s consent, but upon prior notice to Landlord, upon the following conditions: (i) Landlord or Tishman Speyer Properties L.P. or its successor shall not be litigating against such proposed Permitted User within the prior 12 months, (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 the jurisdiction of the court of, the State of New York, (iii) the total number of Permitted Users using desk space pursuant to this Section 15.14 shall not exceed 5 at any one time, (iv) the aggregate number of rentable square feet used by Listing will identify all Permitted Users at any one time of External Entity and shall not exceed 15,000 rentable square feetbecome an integral part of this Agreement upon execution by the parties. External Entity may add additional Permitted Users by submitting his or her name and other requested information to RHS in writing, and (v) Tenant each such addition shall receive no rent, payment or other consideration in connection with such occupancy in respect of such space other than nominal rent payments (in no event greater per rentable square foot than the Fixed Rent, Tenant’s Operating Payment and Tenant’s Tax Payment payable hereunder per rentable square foot) or other consideration for actual services rendered or provided become effective when an access code is assigned by or for such occupantRHS. (b) With respect External Entity shall maintain an accurate and current description of all such additions and deletions to each the list of Permitted Users and the effective date of any additions and deletions to the list. Upon the deletion or addition of a Permitted User in accordance with this Section 2.2.1, The Permitted User Listing hereto shall be automatically amended to reflect the addition or deletion, as the case may be. (c) External Entity shall require every Permitted User to sign a Confidentialityand RMIS Access Agreement. External Entity shall provide a copy of the Permitted User, ’s signed Confidentiality and RMIS Access Agreement to RHS before an access code will be issued. (d) External Entity shall cause Permitted Users who are not involved in the following treatment of patients but who require access to the RMIS for billing and/or health care operations purposes (“Support Personnel Permitted Users”) to limit their access to the RMIS to the minimum amount information necessary for them to carry out the functions for which access is sought. (e) External Entity shall apply: request individual access codes to the RMIS only for Permitted Users. (f) External Entity shall be accountable and responsible for access to the RMIS using access codes issued to External Entity’s Permitted Users. (g) External Entity shall notify RHS in writing of the termination of the relationship between External Entity and any Permitted User or any decision to delete access to the RMIS for a Permitted User within twenty-four (24) hours of said event. (i) each RHS may delete a Permitted User shall have no privity if such Permitted User’s medical staff or allied health professional staff privileges are suspended or revoked or if RHS suspects or becomes aware of contract with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or obligation to a violation of HIPAA by the Permitted User under this Lease for any reason whatsoever in connection with such use or occupancy, which use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10), User. (ii) each RHS shall disable the access code previously assigned to all deleted Permitted User shall use the Premises in conformity with all applicable provisions Users within three (3) days of this Lease, including Article 3receipt of such information, and (iii) Tenant such deletion shall be liable for the acts of effective when such Permitted User in the Premisesaccess code is so disabled.

Permitted Users. The provisions of Section 8.1(a) shall apply to a transfer of a majority (ai.e. greater than 50% interest) of the voting stock of Tenant has advised Landlord that or to any other change in voting control of Tenant (if Tenant is a corporation), or to a transfer of a majority of the general partnership or membership interests in Tenant (if Tenant is a partnership or a limited liability company) or to a change in the managerial control of Tenant, or to any comparable transaction involving any other form of business entity, whether effectuated in one or more Personstransactions, who are clients as if such transfer were an assignment of this Lease; but said provisions shall not apply to such a transfer, provided, in any of such events, the successor to Tenant (or any party remaining liable for the obligations of Tenant or with whom Tenant hereunder): (i) has a substantial continuing business relationship net worth at least equal to the net worth of Tenant as of the Commencement Date or (each a “Permitted User”ii) may from time is capable of satisfying Tenant’s obligations hereunder, in Landlord’s reasonable judgment. Any such permitted transferee shall execute and deliver to time be using space Landlord any and all documentation reasonably required by Landlord in the Premisesorder to evidence assignee’s assumption of all obligations of Tenant hereunder. Notwithstanding anything to the contrary contained in this Article 15 each Permitted User Section 8.3, in no event may Tenant assign, mortgage, transfer, pledge or sublease this Lease to any entity whatsoever if, at the time of such assignment, mortgage, transfer, pledge or sublease, Tenant is in default under this Lease. Notwithstanding anything to the contrary herein contained, Tenant shall be allowed permitted to assign this Lease to M-Wave International (the contemplated successor-in-interest to M-Wave, Inc.); provided, however, that in the event of an assignment or sublease to M-Wave International, Tenant must notify Landlord in writing of such useassignment or sublease no later than thirty (30) days prior to M-Wave International occupying all or any portion of the Premises; further provided that Tenant must provide supporting documentation, without Landlord’s consentincluding financial statements showing that M-Wave International has a net worth of at least $500,000; and further, but upon prior notice to Landlordprovided, upon the following conditions: (i) Landlord or Tishman Speyer Properties L.P. or its successor that M-Wave International shall not be litigating against such proposed Permitted User within the prior 12 months, (ii) the Permitted User shall not be entitled, directly or indirectly, permitted to diplomatic or sovereign immunity and shall be subject to service of process in, and the jurisdiction of the court of, the State of New York, (iii) the total number of Permitted Users using desk space pursuant to this Section 15.14 shall not exceed 5 at any one time, (iv) the aggregate number of rentable square feet used by all Permitted Users at any one time shall not exceed 15,000 rentable square feet, and (v) Tenant shall receive no rent, payment or other consideration in connection with such occupancy in respect of such space other than nominal rent payments (in no event greater per rentable square foot than the Fixed Rent, Tenant’s Operating Payment and Tenant’s Tax Payment payable hereunder per rentable square foot) or other consideration for actual services rendered or provided by or for such occupant. (b) With respect to each and every Permitted User, the following shall apply: (i) each Permitted User shall have no privity of contract with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or obligation to the Permitted User under this Lease for any reason whatsoever in connection with such use or occupancy, which use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10), (ii) each Permitted User shall use the Premises in conformity with all applicable provisions violation of this Lease, including Article 3, Section 1.8 and (iii) Tenant shall be liable for the acts of such Permitted User in the PremisesSection 4.1.

Permitted Users. (a) Tenant has advised Landlord that one or more Persons, licensees of trademarks owned by Tenant who are clients of not affiliated with Tenant or with whom Tenant has a substantial continuing business relationship (each a “collectively, the "Permitted User”Users") may from time to time will be using desk space in the Premises. Notwithstanding anything to the contrary in this Article 15 each Permitted User shall be allowed 15, Landlord consents to such use, without Landlord’s consent, but upon prior notice to Landlord, use upon the following conditions: (i) the Permitted Users shall have no privity of contract with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or Tishman Speyer Properties L.P. obligation to the Permitted Users under this Lease or its successor for any reason whatsoever in connection with such use or occupancy, which use and occupancy shall not be litigating against such proposed Permitted User within the prior 12 monthssubject and subordinate to this Lease (including, without limitation, Article 9), (ii) the Permitted User Users shall use the Premises in conformity will all applicable provisions of this Lease, including Article 2, and exclusively for the sale and marketing of high quality, fashionable merchandise under a tradename owned by Tenant, (iii) any act or omission of such Permitted Users shall be deemed to be the act or omission of Tenant under this Lease, (iv) there will be no separate entrances or demising walls for the Permitted Users, (v) Tenant shall have no right to assign this Lease or sublet all or any part of the Premises to any Permitted Users except as expressly permitted by this Lease, (vi) any such Permitted Users shall not be entitled, directly or indirectly, to diplomatic or sovereign immunity and shall be subject to service of process in, and the jurisdiction of the court of, the State of New York, (iiivii) the total number of Permitted Users persons using desk space pursuant to this Section 15.14 15.15 shall not exceed 5 six at any one time, and (ivviii) the aggregate number of rentable square feet used by all Permitted Users at any one time shall not exceed 15,000 5,000 rentable square feet. Prior to permitting any Permitted Users to use desk space in the Premises, and (v) Tenant shall receive no rent, payment or other consideration in connection with such occupancy in respect give advance written notice to Landlord of such space other than nominal rent payments (in no event greater per rentable square foot than proposed use, which notice shall set forth the Fixed Rent, Tenant’s Operating Payment name and Tenant’s Tax Payment payable hereunder per rentable square foot) or other consideration for actual services rendered or provided by or for address and business of such occupant. (b) With respect to each and every Permitted User, the following shall apply: (i) each Permitted User . Tenant shall have no privity of contract obligation to share with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or obligation to the any consideration received by it from a Permitted User under this Lease for and Landlord's options contained in Sections 15.2 and 15.3A shall not apply in the case of any reason whatsoever in connection with such use Permitted User. Tenant hereby indemnifies Landlord against any loss, claim or occupancy, which use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10), (ii) each Permitted User shall use the Premises in conformity with all applicable provisions of this Lease, including Article 3, and (iii) Tenant shall be liable for damage arising from the acts or omissions of such any Permitted User in the PremisesUsers.

Permitted Users. (a) Tenant has advised Landlord that ▇▇▇▇▇▇ Street Capital LLC ("▇▇▇▇▇▇") and one or more other Persons, who are clients of Tenant or with whom Tenant has a substantial continuing business relationship (each a “"Permitted User”") may from time to time be using space in the Premises. Notwithstanding anything to the contrary in this Article 15 each Permitted User shall be allowed such use, without Landlord’s 's consent, but upon prior notice to Landlord, upon the following conditions: (i) Landlord or Tishman Speyer Properties L.P. or its successor shall not be litigating against such proposed Permitted User within the prior 12 months, (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 the jurisdiction of the court of, the State of New York, (iii) the total number of Permitted Users using desk space pursuant to this Section 15.14 shall not exceed 5 at any one time, (iv) the aggregate number of rentable square feet used by all Permitted Users (which term shall exclude ▇▇▇▇▇▇ for the purposes of this clause as long as (x) Tenant retains at any one least the same ownership interest in ▇▇▇▇▇▇ as Tenant has on the date hereof and (y) all Permitted Users at no time occupy more than 7,000 rentable square feet) at anyone time shall not exceed 15,000 5,000 rentable square feet, and (v) Tenant shall receive no rent, payment or other consideration in connection with such occupancy in respect of such space other than nominal rent payments (in no event greater per rentable square foot than the Fixed Rent, Tenant’s 's Operating Payment and Tenant’s 's Tax Payment payable hereunder per rentable square foot) or other consideration for actual services rendered or provided by or for such occupant. (b) With respect to each and every Permitted User, the following shall apply: (i) each Permitted User shall have no privity of contract with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or obligation to the Permitted User under this Lease for any reason whatsoever in connection with such use or occupancy, which use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10), (ii) each Permitted User shall use the Premises in conformity with all applicable provisions of this Lease, including Article 3, and (iii) Tenant shall be liable for the acts of such Permitted User in the Premises.

Permitted Users. (a) Tenant has advised Landlord that one or more Personsclients, who are clients of contractors, business associates and/or service providers of/to Tenant or with whom Tenant has a substantial continuing business relationship (each a “Permitted User”) may from time to time be using desire to use space in at the Premises. Notwithstanding anything Any provision of this Article to the contrary in this Article 15 notwithstanding, each Permitted User shall be allowed permitted to use such usespace at the Premises, without Landlord’s consent, but upon prior notice to Landlord, upon the following conditions: (i) Landlord or Tishman Speyer Properties L.P. or its successor Landlord’s Agent shall not be litigating against such proposed Permitted User within the prior 12 twelve (12) months, ; (ii) the Permitted User shall not be entitled, directly or indirectly, to diplomatic or sovereign immunity immunity, regardless of whether the Permitted User agrees to waive such diplomatic or sovereign immunity, and shall be subject to the service of process in, and the jurisdiction of the court courts of, the State of New York, State; (iii) the total number of space used by such Permitted Users using desk space pursuant to this Section 15.14 shall not exceed 5 at any one time, 5,000 rentable square feet of the Premises in the aggregate; (iv) to the aggregate number of rentable square feet used by all Permitted Users at any one time shall not exceed 15,000 rentable square feet, and (v) extent that Tenant shall receive no rent, payment receives rent or other consideration in connection with such occupancy in respect of such space other than nominal rent payments (in no event greater per on a rentable square foot than basis in excess of the Fixed Rent, Tenant’s Operating Payment and Tenant’s Tax Payment payable hereunder per rentable square footfoot for the initial Premises, Landlord and Tenant shall share such excess amount in accordance with the provisions of Section 13.6, except the reasonable consideration (if any) paid by the Permitted User to Tenant for goods or other consideration for actual services rendered or provided by Tenant (such as if Tenant were to provide the Permitted User with secretarial or receptionist services and the Permitted User were to pay Tenant for such occupantservices) shall be entirely retained by Tenant; and (v) Tenant delivers ten (10) days prior written notice with respect to each Permitted User to Landlord. Use by a Permitted User in accordance with this Section shall not be considered as a sublease and any calculation of the portions of the Premises subleased by Tenant to a Permitted User pursuant to this Section shall expressly disregard the portion of the Premises used by such Permitted User. (b) With respect to each and every Permitted User, the following shall applyTenant agrees that: (i) each no Permitted User shall have no privity of contract with Landlord and therefore Landlord; (ii) no Permitted User shall have no any rights under this Lease, and ; (iii) Landlord shall have no liability or obligation to the Permitted User under this Lease for any reason whatsoever in connection with such use or occupancy, which Lease; (iv) each Permitted User’s use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10)Lease, (iiv) Tenant shall cause each Permitted User shall to use and occupy the Premises in conformity with all applicable provisions of this Lease, including Article 3, and (iiivi) Tenant shall be liable for the acts and omission of each Permitted User at the Building to the extent that Tenant would be liable for such acts and omissions if such Permitted User in the Premiseswere Tenant’s authorized agent.

Permitted Users. (a) Provided that Tenant has advised Landlord that is not in default under this Lease beyond applicable notice and cure periods, Tenant shall have the right to permit the Premises to be used by one or more Personsof Tenant’s service providers only for the provision of services to Tenant and its Representatives without the prior consent of Landlord, who are clients of Tenant or with whom Tenant has a substantial continuing business relationship provided that in no event shall the total space used by such party (each a referred to herein as the “Permitted User”) may from time exceed ten percent (10%) of the Premises and further provided that Tenant does not separately demise such space. Tenant shall provide Landlord with the name of each Permitted User at least ten (10) days prior to time be using space in the date on which such Permitted User occupies a portion of the Premises. Notwithstanding anything In no event shall Tenant allow any Permitted User to use the contrary Premises for a purpose other than the use expressly permitted in this Article 15 each Permitted User shall be allowed such use, without Landlord’s consent, but upon prior notice Lease or to Landlord, upon the following conditions: (i) Landlord or Tishman Speyer Properties L.P. or its successor shall not be litigating against such proposed Permitted User within the prior 12 months, (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 the jurisdiction of the court of, the State of New York, (iii) the total number of Permitted Users using desk space pursuant to this Section 15.14 shall not exceed 5 at any one time, (iv) the aggregate number of rentable square feet used by all Permitted Users at any one time shall not exceed 15,000 rentable square feet, and (v) Tenant shall receive no rent, payment or other consideration in connection with such occupancy in respect of such space other than nominal rent payments (in no event greater per rentable square foot than the Fixed Rent, Tenant’s Operating Payment and Tenant’s Tax Payment payable hereunder per rentable square foot) or other consideration for actual services rendered or provided by or for such occupant. (b) With respect to each and every Permitted User, the following shall apply: (i) each Permitted User shall have no privity of contract with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or obligation to the Permitted User under this Lease for any reason whatsoever in connection with such use or occupancy, which use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10), (ii) each Permitted User shall otherwise use the Premises in conformity with all applicable provisions violation of any of the terms and conditions of this Lease, any applicable Laws or any of the rule and regulations applicable to the Premises of Project. All notices required of Landlord under this Lease shall be forwarded only to Tenant in accordance with the terms of this Lease and in no event shall Landlord be required to send any notices to any Permitted User. A violation of any of the foregoing by any Permitted User which is not cured within the applicable cure period shall be considered to be an Event of Default by Tenant hereunder. In addition, T▇▇▇▇▇’s indemnification obligations pursuant to Section 10 shall apply to the acts and omissions of any Permitted User and to any use of the Premises or the Project by the Permitted User. Tenant hereby agrees to cause any insurance to be maintained by Tenant under the Lease to be extended to cover the acts and omissions of the Permitted User (including Article 3such Permitted User’s agent, employees, contractors, customers and (iiiinvitees) while in the Premises and/or the Project. In no event shall the occupancy of any portion of the Premises by a Permitted User be deemed to create a landlord/tenant relationship between Landlord and such Permitted User, and, in all instances, Tenant shall be liable for considered the acts sole tenant under the Lease notwithstanding the occupancy of such any portion of the Premises by the Permitted User. Tenant shall not identify any party as a Permitted User solely in an effort to contravene the Premisesrequirement for Landlord’s consent and other applicable sections of this Lease respecting assignments of this Lease and subleases of all or any portion of the Premises as the same are set forth in this Lease.

Permitted Users. (a) Tenant has advised Landlord that one or more Persons, who are clients of Tenant or parties with whom Tenant (or Guarantor) has a substantial continuing bona fide independent, material and ongoing business relationship or is incubating (each a “Permitted User”” ) and/or an Affiliate of Tenant, may from time to time be using space in the Premises. Notwithstanding anything to the contrary in this Article 15 13, each Permitted User shall be allowed such use, without Landlord’s consent, but upon ten (10) days prior written notice to Landlord, Landlord upon the following conditions: (i) Landlord or Tishman Speyer Properties L.P. or its successor shall not be litigating against such proposed Permitted User within the prior 12 24 months, (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 the jurisdiction of the court of, the State of New York, (iii) there will be no separate entrances and/or demising walls for the total number of Permitted Users using desk space pursuant User installed to this Section 15.14 shall not exceed 5 at any one timeprepare the Premises for a Permitted User, (iv) the aggregate number of rentable square feet used occupied by all Permitted Users at any one time shall not exceed 15,000 20% of the then rentable square feetfootage of the Premises (except such restriction shall not apply to then Affiliates of Tenant named herein), and (v) Tenant shall receive no rent, payment or other consideration in connection with such occupancy in respect of such space other than nominal rent payments (in no event greater per rentable square foot plus cost reimbursements) than the Fixed Rentfixed rent, Tenant’s Operating Payment and Tenant’s Tax Payment escalation rent payable hereunder per rentable square foot) or other consideration for actual services rendered or provided by or for such occupant. (b) With respect to each and every Permitted User, the following shall apply: (i) each Permitted User shall have no privity of contract with Landlord and therefore shall have no rights under this Lease, and Landlord shall have no liability or obligation to the Permitted User under this Lease for any reason whatsoever in connection with such use or occupancy, which use and occupancy shall be subject and subordinate to this Lease (including, without limitation, Article 10)Lease, (ii) each Permitted User shall use the Premises in conformity with all applicable provisions of this Lease, including Article 3(iii) each Permitted User shall provide evidence of commercial general liability insurance reasonably acceptable to Landlord (not in excess of $2,000,000.00), and (iiiiv) Tenant shall be liable for the acts of such Permitted User in or about the PremisesPremises and Building as if same were the acts of Tenant, subject to the terms of this Lease.