Common use of Shared Space Arrangement Clause in Contracts

Shared Space Arrangement. Notwithstanding anything to the ------------------------ contrary in this Xxxxxxxxx 00, Xxxxxx may from time to time permit third parties with whom Tenant will share office services to use a portion of the Premises and such use shall not be deemed to be a sublease so long as (i) no more than 1,500 rentable square feet of the Premises is so used at any one time, and (ii) the space Occupied by such parties is not separately demised from the balance of the Premises (i.e. separated from the balance of the space by a wall or other constructed device and having separate entrances to the common areas) and (iii) the use of the space is not a use which increases (a) the operating costs for the Building, (b)the burden on the Building services, or (c) the foot traffic, elevator usage or security concerns in the Building, or creates an increased probability of the comfort and/or safety of the Landlord and other tenants in the Building being unreasonably compromised or reduced, and (iv) Tenant does not realize a profit with respect to the space so used. The rights set forth in this paragraph are personal to Digital Island, Inc., a California corporation, and shall not inure to the benefit of any successor, assignee or subtenant of Tenant. Tenant shall be fully responsible for the conduct of such parties within the Premises and the Real Property, and Tenant's indemnification obligations set forth in Paragraph 14 of this Lease shall apply with respect to the conduct of such parties. Tenant shall supply Landlord with the terms of any such space sharing arrangement. If such arrangement indicates that the sums payable thereunder for the value of the use of the space exceed the Monthly Rent and Additional Rent payable under Paragraphs 5 and 7 hereof for such space, that particular space sharing arrangement will be deemed to be a sublease for the purpose of applying the provisions of Paragraph 13.e. above. Notwithstanding the foregoing, Tenant shall not permit any party to occupy space in the Premises (or conduct business in the Premises) pursuant to the above until Tenant delivers to Landlord a fully executed counterpart of Landlord's waiver and acknowledgement form for space sharing arrangements.

Shared Space Arrangement. Notwithstanding anything to the ------------------------ contrary in this Xxxxxxxxx 00Paragraph 13, Xxxxxx Tenant may from time to time time, without Xxxxxxxx’s consent but subject to Paragraph 13.e.ii. above, permit third parties (pursuant to a sublease, license or otherwise), with whom Tenant will share office services is working on particular projects or with whom Tenant or its affiliates has a business relationship (other than the particular sublease or license), to use a portion of the Premises and such use shall not be deemed to be a sublease so long as (i) no more than 1,500 fifty thousand (50,000) of the rentable square feet footage of the Premises (exclusive of Live Event/Retail Subleases or Affiliates subleases, licenses or otherwise) is so used at any one time, and (ii) unless the space Occupied by such parties is not separately demised from the balance of Tenant has elected to manage the Premises (i.e. separated from the balance of the space by a wall or other constructed device and having separate entrances pursuant to the common areasParagraph 19.g below, in which case this Paragraph 13.j(iii) and (iii) shall not apply, the use of the space is not a use which materially increases (a) the operating costs for the Building, Building or (b)the b) the burden on the Building services. Any such arrangement meeting the requirements of the foregoing sentence shall be referred to herein as a “Shared Space Arrangement”. Notwithstanding anything in this Lease to the contrary, in determining the amount of subleased space used in accordance with this Paragraph13.j, any space occupied by any of Tenant’s Affiliates or in connection Live Event/Retail Subleases shall not be included or counted towards such aggregate amount of space so used (c) the foot traffici.e., elevator usage or security concerns shall not be included in the Building, determination or creates an increased probability calculation of the comfort and/or safety fifty thousand (50,000) of rentable square footage of the Landlord and other tenants in the Building being unreasonably compromised or reduced, and (ivPremises per Paragraph 13.j(i) Tenant does not realize a profit with respect to the space so usedabove). The rights set forth in this paragraph are personal to Digital Island, Inc., a California corporation, the Original Tenant and shall not inure to the benefit any Affiliate of any successor, assignee or subtenant of Original Tenant. Tenant shall be fully responsible for the conduct of such parties within the Premises and the Real PropertyPremises, and Tenant's Xxxxxx’s indemnification obligations set forth in Paragraph 14 of this Lease shall apply with respect to the conduct of such parties. Tenant shall supply Landlord with the terms of any such space sharing arrangement. If such arrangement indicates that the sums payable thereunder for the value of the use of the space exceed the Monthly Rent and Additional Rent payable under Paragraphs 5 and 7 hereof for such space, that particular space sharing arrangement will be deemed to be a sublease for the purpose of applying the The provisions of Paragraph 13.e13.c. above. Notwithstanding the foregoing, Tenant shall not permit apply to any party to occupy space in the Premises (or conduct business in the Premises) pursuant to the above until Tenant delivers to Landlord a fully executed counterpart of Landlord's waiver and acknowledgement form for space sharing arrangementsShared Space Arrangement.

Shared Space Arrangement. The following provision is added at the end of Section 22(b) of the Lease: “Notwithstanding anything to the ------------------------ contrary contained in this Xxxxxxxxx 00Lease, Xxxxxx Tenant may from time to time permit third parties enter into license agreements (each, a “Shared Space Arrangement”) with whom Tenant will share office services Tenant’s agents, contractors, consultants or affiliates pursuant to use a portion which such agents, contractors, consultants or affiliates (including, without limitation, special purpose vehicles and collaboration with university and/or hospital researchers, regardless of whether or not the collaboration is funded by standalone investors) may occupy up to 20% of the Premises as “Shared Space Area”, and such use license agreements shall not require Landlord’s consent under this Section 22; provided, however, that Tenant shall be deemed required to provide Landlord with a copy of each such license agreement and, prior to the effective date of each such license agreement, Tenant and each licensee shall be a sublease so long as required to execute Landlord’s reasonable form of acknowledgment pursuant to which Tenant and the licensee acknowledge and agree, among other things, that: (i) no more than 1,500 rentable square feet the terms of the Premises is so used at any one timeShared Space Arrangement are subject and subordinate to the terms of this Lease, and (ii) if this Lease terminates, then the space Occupied by such parties is not separately demised from the balance of the Premises (i.e. separated from the balance of the space by a wall or other constructed device and having separate entrances to the common areas) and Shared Space Arrangement shall terminate concurrently therewith, (iii) each licensee shall, during the use term of its applicable Shared Space Arrangement, maintain the space same insurance as is not a use which increases (a) required of Tenant under this Lease and provide Landlord with insurance certificates evidencing the operating costs for the Building, (b)the burden on the Building services, or (c) the foot traffic, elevator usage or security concerns in the Building, or creates an increased probability of the comfort and/or safety of same and naming the Landlord and other tenants in the Building being unreasonably compromised or reducedParties as additional insureds, and (iv) Tenant does not realize a profit with respect to the space so used. The rights waivers and releases set forth in this the second to last paragraph are personal to Digital Island, Inc., a California corporation, of Section 17 that apply as between Landlord and Tenant shall not inure to the benefit of any successor, assignee or subtenant of Tenantalso apply as between Landlord and licensee. Tenant shall be fully responsible for the conduct of such parties companies within the Premises Shared Space Area and the Real PropertyProject, and Tenant's ’s indemnification obligations set forth in Paragraph 14 of this Lease shall apply with respect to the conduct of such parties. Tenant shall supply Landlord with parties within the terms of any such space sharing arrangement. If such arrangement indicates that the sums payable thereunder for the value of the use of the space exceed the Monthly Rent Shared Space Area and Additional Rent payable under Paragraphs 5 and 7 hereof for such space, that particular space sharing arrangement will be deemed to be a sublease for the purpose of applying the provisions of Paragraph 13.e. above. Notwithstanding the foregoing, Tenant shall not permit any party to occupy space in the Premises (or conduct business in the Premises) pursuant to the above until Tenant delivers to Landlord a fully executed counterpart of Landlord's waiver and acknowledgement form for space sharing arrangementsProject.”

Shared Space Arrangement. Notwithstanding anything to the ------------------------ contrary in this Xxxxxxxxx 00Paragraph 13, Xxxxxx Tenant may from time to time time, without Landlord’s consent but subject to Paragraph 13.e.ii. above, permit third parties (pursuant to a sublease, license or otherwise), with whom Tenant will share office services is working on particular projects or with whom Tenant or its affiliates has a business relationship (other than the particular sublease or license), to use a portion of the Premises and such use shall not be deemed to be a sublease so long as (i) no more than 1,500 fifty thousand (50,000) of the rentable square feet footage of the Premises (exclusive of Live Event/Retail Subleases or Affiliates subleases, licenses or otherwise) is so used at any one time, and (ii) unless the space Occupied by such parties is not separately demised from the balance of Tenant has elected to manage the Premises (i.e. separated from the balance of the space by a wall or other constructed device and having separate entrances pursuant to the common areasParagraph 19.g below, in which case this Paragraph 13.j(iii) and (iii) shall not apply, the use of the space is not a use which materially increases (a) the operating costs for the Building, Building or (b)the b) the burden on the Building services. Any such arrangement meeting the requirements of the foregoing sentence shall be referred to herein as a “Shared Space Arrangement”. Notwithstanding anything in this Lease to the contrary, in determining the amount of subleased space used in accordance with this Paragraph13.j, any space occupied by any of Tenant’s Affiliates or in connection Live Event/Retail Subleases shall not be included or counted towards such aggregate amount of space so used (c) the foot traffici.e., elevator usage or security concerns shall not be included in the Building, determination or creates an increased probability calculation of the comfort and/or safety fifty thousand (50,000) of rentable square footage of the Landlord and other tenants in the Building being unreasonably compromised or reduced, and (ivPremises per Paragraph 13.j(i) Tenant does not realize a profit with respect to the space so usedabove). The rights set forth in this paragraph are personal to Digital Island, Inc., a California corporation, the Original Tenant and shall not inure to the benefit any Affiliate of any successor, assignee or subtenant of Original Tenant. Tenant shall be fully responsible for the conduct of such parties within the Premises and the Real PropertyPremises, and Tenant's ’s indemnification obligations set forth in Paragraph 14 of this Lease shall apply with respect to the conduct of such parties. Tenant shall supply Landlord with the terms of any such space sharing arrangement. If such arrangement indicates that the sums payable thereunder for the value of the use of the space exceed the Monthly Rent and Additional Rent payable under Paragraphs 5 and 7 hereof for such space, that particular space sharing arrangement will be deemed to be a sublease for the purpose of applying the The provisions of Paragraph 13.e13.c. above. Notwithstanding the foregoing, Tenant shall not permit apply to any party to occupy space in the Premises (or conduct business in the Premises) pursuant to the above until Tenant delivers to Landlord a fully executed counterpart of Landlord's waiver and acknowledgement form for space sharing arrangementsShared Space Arrangement.

Shared Space Arrangement. Notwithstanding anything to the ------------------------ contrary in this Xxxxxxxxx 00Paragraph 13, Xxxxxx Tenant may from time to time time, without Landlord's consent but subject to Paragraph 13.e.ii. above, permit third parties (pursuant to a sublease, license or otherwise), with whom Tenant will share office services is working on particular projects or with whom Tenant or its affiliates has a business relationship (other than the particular sublease or license), to use a portion of the Premises and such use shall not be deemed to be a sublease so long as (i) no more than 1,500 fifty thousand (50,000) of the rentable square feet footage of the Premises (exclusive of Live Event/Retail Subleases or Affiliates subleases, licenses or otherwise) is so used at any one time, and (ii) unless the space Occupied by such parties is not separately demised from the balance of Tenant has elected to manage the Premises (i.e. separated from the balance of the space by a wall or other constructed device and having separate entrances pursuant to the common areasParagraph 19.g below, in which case this Paragraph 13.j(iii) and (iii) shall not apply, the use of the space is not a use which materially increases (a) the operating costs for the Building, Building or (b)the b) the burden on the Building services. Any such arrangement meeting the requirements of the foregoing sentence shall be referred to herein as a “Shared Space Arrangement”. Notwithstanding anything in this Lease to the contrary, in determining the amount of subleased space used in accordance with this Paragraph13.j, any space occupied by any of Tenant’s Affiliates or in connection Live Event/Retail Subleases shall not be included or counted towards such aggregate amount of space so used (c) the foot traffici.e., elevator usage or security concerns shall not be included in the Building, determination or creates an increased probability calculation of the comfort and/or safety fifty thousand (50,000) of rentable square footage of the Landlord and other tenants in the Building being unreasonably compromised or reduced, and (ivPremises per Paragraph 13.j(i) Tenant does not realize a profit with respect to the space so usedabove). The rights set forth in this paragraph are personal to Digital Island, Inc., a California corporation, the Original Tenant and shall not inure to the benefit any Affiliate of any successor, assignee or subtenant of Original Tenant. Tenant shall be fully responsible for the conduct of such parties within the Premises and the Real PropertyPremises, and Tenant's indemnification obligations set forth in Paragraph 14 of this Lease shall apply with respect to the conduct of such parties. Tenant shall supply Landlord with the terms of any such space sharing arrangement. If such arrangement indicates that the sums payable thereunder for the value of the use of the space exceed the Monthly Rent and Additional Rent payable under Paragraphs 5 and 7 hereof for such space, that particular space sharing arrangement will be deemed to be a sublease for the purpose of applying the The provisions of Paragraph 13.e13.c. above. Notwithstanding the foregoing, Tenant shall not permit apply to any party to occupy space in the Premises (or conduct business in the Premises) pursuant to the above until Tenant delivers to Landlord a fully executed counterpart of Landlord's waiver and acknowledgement form for space sharing arrangementsShared Space Arrangement.

Shared Space Arrangement. Notwithstanding anything to the ------------------------ contrary in this Xxxxxxxxx 00Section 8, Xxxxxx Tenant may from time to time permit third parties with whom Tenant is working on particular projects and with whom Tenant will share office or lab services to use a portion of the Premises and such use shall not be deemed to be a sublease so long as (ia) no more than 1,500 fifteen percent (15%) of the rentable square feet footage of the portion of the Premises located in any Building is so used at any one time, time and (iib) the space Occupied occupied by such parties is not separately demised from the balance of the Premises (i.e. separated from the balance of the space by a wall or other constructed device and having separate entrances to the common areas) and (iiic) the use of the space is not a use which increases (ai) the operating costs for the Building, (b)the ii) the burden on the Building services, or (ciii) the foot traffic, elevator usage or security concerns in the Building, or creates an increased probability of the comfort and/or safety of the Landlord and other tenants in the Building being unreasonably compromised or reduced, reduced and (iv) Tenant does not realize a profit with respect to the space so used. The rights set forth in this paragraph are personal to Digital Island, Inc., a California corporation, and shall not inure only apply to the benefit portions of any successorthe Premises, assignee if any, leased or subtenant of subleased by Original Tenant. Tenant shall be fully responsible for the conduct of such parties within the Premises and the Real Property, and Tenant's ’s indemnification obligations set forth in Paragraph 14 of this Lease shall apply with respect to the conduct of such parties. Tenant shall supply Landlord with the terms of any such space sharing arrangementarrangement no later than ten (10) days prior to the effective date thereof. If such arrangement indicates that the sums payable thereunder for the value of the use of the space exceed the Monthly Rent and Additional Rent payable under Paragraphs 5 and 7 hereof for such space, that particular space sharing arrangement will be deemed to be a sublease for the purpose of applying the provisions of Paragraph 13.e. above. Notwithstanding the foregoing, Tenant shall not permit any such party to occupy space in the Premises (or conduct business in the Premises) pursuant to the above Premises until Tenant delivers to Landlord a fully executed counterpart of Landlord's ’s waiver and acknowledgement form for space sharing arrangementsarrangements and Landlord’s reasonable processing fee in connection with each such space sharing arrangement.