Common use of Space Sharing Clause in Contracts

Space Sharing. Notwithstanding anything to the contrary in this Paragraph 13, Tenant may from time to time permit start-up or “incubator” entities to occupy space within the Premises and such occupancy shall not be deemed to be a sublease so long as (i) no more than fifteen percent (15%) of the Premises (but in no event more than 25,000 rentable square feet of space) is collectively so used at any one time and Tenant originally named herein (and/or an Affiliate thereof to which this Lease has been assigned or portions of the Premises sublet in accordance with Paragraph 13.h. above) continues to conduct business in not less than two-thirds of the Premises, 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 in compliance with Paragraph 8. a. of this Lease. The rights set forth in this paragraph are personal to the Tenant originally named herein and to any Affiliate to which Tenant has assigned the Lease in accordance with Paragraph 13.h. above, and shall not inure to the benefit of any other successor, assignee or subtenant of the original Tenant hereunder. 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. Notwithstanding anything to the contrary above, if such arrangement indicates that the sums payable thereunder to Tenant 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 solely for the purpose of applying the provisions of Paragraph 13.c. above. Further, 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 in the form of attached Exhibit I (the “Acknowledgment”). Concurrently with the delivery of the Acknowledgement to Landlord, Tenant shall delivery to Landlord a processing fee of Five Hundred Dollars ($500.00).