Affiliates. Each Party may carry out its obligations, and exercise its rights, under this Agreement through its Affiliates, and in such case, the Party carrying out such activities, or exercising such rights, through its Affiliate absolutely, unconditionally and irrevocably guarantees to the other Party the performance by such Party’s Affiliates in accordance with this Agreement, including performance of responsibilities, liabilities, covenants, warranties, agreements and undertakings of its Affiliates pursuant to this Agreement. Without limiting the foregoing, neither Party shall cause or permit any of its Affiliates to commit any act (including any act or omission) which such Party is prohibited hereunder from committing directly. Each Party represents and warrants to the other Party that it has licensed or will license from its Affiliates the Patent Rights and Know-How Controlled by its Affiliates that are to be licensed (or sublicensed) to the other Party under this Agreement.

Affiliates. Subject to the terms of this Section 2.3 (Sublicense Rights), Everest may grant a sublicense of the license granted in Section 2.1 (License to Everest) through multiple tiers to Affiliates of Everest without prior notice to or the prior consent of NPLH; provided that # Licensed Know-How may only be sublicensed along with the Licensed Patents (other than in the case of a sublicense to a fee-for-service Subcontractor in the context of subcontracting pursuant to [Section 2.9] (Subcontracting)); # Everest shall cause each Affiliate to comply with the applicable terms and conditions of this Agreement, as if such Affiliate were a Party to this Agreement; and # Everest shall be responsible for all actions, activities and obligations to NPLH of such Affiliate. Subject to the terms of this Section 2.3 (Sublicense Portions of the exhibit, indicated by the mark “​,” were omitted and have been filed separately with the

Affiliates. Each Party represents and warrants to the other Party that, to the extent the intellectual property, Regulatory Documentation or Technology licensed by it hereunder are Controlled by its Affiliates or a Third Party, it has the right to use, and has the right to grant (sub)licenses to the other Party to use, such intellectual property, Regulatory Documentation or Technology in accordance with the terms of this Agreement.

Affiliates. Each Party will have the right to exercise its rights and perform its obligations hereunder, in whole or in part, through any of its Affiliates (as long as such entity remains an Affiliate of the relevant Party); provided that such Party will be responsible for its Affiliates’ performance hereunder.

Affiliates. The Borrower will not, nor will it permit any of its Subsidiaries to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate which is not a member of the Consolidated Group except upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction, but excluding in all events any such transactions, payments or transfers which are # disclosed in filings made by the Borrower with the Securities and Exchange Commission, # related to any internalization of the business management services currently provided to the Borrower by the Advisor or the Property Manager or any similar transactions, or # permitted by [Section 6.22].

Affiliates. For purposes of this Agreement, the term “Affiliate” means, with respect to any entity, any other entity Controlling, Controlled by or under common Control with such entity, and the term “Control” and its derivatives mean, with regard to any entity, the legal, beneficial or equitable ownership, directly or indirectly, of fifty percent (50%) or more of the capital stock (or other ownership interest, if not a corporation) of such entity ordinarily having voting rights.

Affiliates. For purposes of this Agreement, the term “Affiliates” means any person or entity Controlling, Controlled by, or Under Common Control with the Company. The term “Control,” including the correlative terms “Controlling,” “Controlled By,” and “Under Common Control with” means possession, directly or indirectly, of the power to direct or cause the direction of management or policies (whether through ownership of securities of any company or other ownership interest, by contract or otherwise) of a person or entity.

Affiliates. BioXcel and Nektar each represents and warrants that, to the extent the intellectual property, Regulatory Documentation or Technology licensed by it hereunder are Controlled by its Affiliates or a Third Party, it has the right to use, and has the right to grant (sub)licenses to the other Party to use, such intellectual property, Regulatory Documentation or Technology in accordance with the terms of this Agreement and subject to any restrictions expressly disclosed in writing to the other Party.

Affiliates. SAVARA shall have the right to have a SAVARA Affiliate exercise certain of SAVARA’s rights or perform certain of SAVARA’s responsibilities under this Agreement, including auditing, forecasting and ordering of API hereunder, receipt of delivery of API so ordered, payment of invoices provided by GEMA with respect to such API, and testing and acceptance or rejection of such API.

Affiliates. Customer’s Affiliates may participate in this Agreement upon written notification to West of their agreement to be bound by the terms and conditions hereof as though they were a party hereto, and the term “Customer” will be deemed to include those of its Affiliates that provide the foregoing written notification to West. Customer will be jointly and severally liable for its Affiliates hereunder. The term “Affiliate”, with respect to the parties hereto, means any corporation or business entity fifty percent (50%) or more of the voting stock or voting equity interests of which are owned directly or indirectly by such party, or any corporation or business entity which directly or indirectly owns fifty percent (50%) or more of the voting stock or voting equity interests of such party.