APPROVED USERS. Notwithstanding anything in this Article 9 to the contrary, Tenant shall be permitted from time to time to permit its clients or business associates (“Approved Users”) to temporarily occupy space within the Premises, provided that # Tenant does not separately demise such space and the Approved Users utilize, in common with Tenant, one common entryway to the Premises as well as certain shared central services, such as reception, photocopying and the like; # the Approved Users shall not occupy, in the aggregate, more than 10% of the rentable area in the Premises; # the Approved Users occupy space in the Premises for the Permitted Use and for no other purpose;(d) all Approved Users shall be clients of Tenant and shall occupy space in the Premises only so long as Tenant is providing consulting or other services to such Approved Users; and # Tenant notifies Landlord, in writing, of the identity of any such Approved Users prior to occupancy of any portion of the Premises by such Approved Users. If any Approved Users occupy any portion of the Premises as described herein, it is agreed that # the Approved Users must comply with all provisions of this Lease, and a default by any Approved Users shall be deemed a Default by Tenant under this Lease; # 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 Approved Users; # in no event shall any use or occupancy of any portion of the Premises by any Approved User release or relieve Tenant from any of its obligations under this Lease; # the Approved User and its employees, contractors and invitees visiting or occupying space in the Premises shall be deemed contractors of Tenant for purposes of Tenant’s indemnification obligations in [Section 10.3]; and # in no event shall the occupancy of any portion of the Premises by Approved Users be deemed to create a landlord/tenant relationship between Landlord and such Approved Users, and, in all instances, Tenant shall be considered the sole tenant under the Lease notwithstanding the occupancy of any portion of the Premises by the Approved Users.
Approved Manufacturer. [[Bachem CH:Organization]] shall, within of Apellis’ request at any time after a Product has received Regulatory Approval, assist Apellis in the of one or more Apellis’ designated alternative supplier(s) of Drug Substance (each, an “Approved Manufacturer”). . Apellis shall require any Approved Manufacturer to agree in writing to observe the terms of this Agreement relating to confidentiality and the manufacture of Drug Substance. .
Approved Equipment. Projects with any Major Equipment not manufactured by an Approved Manufacturer do not exceed 15 () of the STC DC nameplate MW of all Borrower Projects.
Nothing in this Agreement shall prevent MPT and/or the Group Companies from:
Approved Supplier. The Parties acknowledge that [[Surmodics:Organization]] is already, as of the Effective Date, an Abbott approved supplier. [[Surmodics:Organization]] shall use reasonable efforts to maintain its status as an Abbott approved supplier and to maintain the approved status of [[Surmodics:Organization]]’ applicable manufacturing facility(ies), provided that Abbott’s requirements for [[Surmodics:Organization]] to maintain its approved supplier status are generally consistent with Abbott’s corresponding requirements for suppliers of other products to Abbott. [[Surmodics:Organization]] acknowledges that execution of a mutually agreed upon Quality Agreement in respect of this Agreement is a requirement to maintain its status as an Abbott approved supplier.
Fund Liability. In accordance with [Section 3.7] of the Trust Agreement, the Authorized Participant agrees and consents (the “Consent”) to look solely to the assets (the “Fund Assets”) of the particular Fund in controversy and to the Managing Owner and its assets for payment in respect of any claim against or obligation of such Fund. The Fund Assets include only those funds and other assets that are paid, held or distributed to the Trust on account of and for the benefit of that particular Fund, including, without limitation, funds delivered to the Trust for the purchase of Shares in such Fund. In furtherance of the Consent, the Authorized Participant agrees that any debts, liabilities, obligations, indebtedness, expenses and claims of any nature and of all kinds and descriptions (collectively, “Claims”) against a Fund incurred, contracted for or otherwise existing shall be subject to the following limitations:
Each hypothetical investment which serves as a means to measure any increases or decreases in the value of a Participant’s Account in accordance with Article 5.
Approved Working Drawings. Following the completion of the Draft Working Drawings, Landlord shall send to Tenant via electronic mail one .pdf electronic copy of the Draft Working Drawings for Tenant’s reasonable approval. Tenant shall approve the Draft Working Drawings within five business days of receipt by delivery of written notice thereof to Landlord. Tenant may only disapprove the Draft Working Drawings to the extent they are not a logical extension of, or they are inconsistent with, the Space Plan, in which event Tenant shall provide a reasoned explanation for such disapproval. In such event, Landlord shall redraft the Draft Working Drawings and resubmit them to Tenant for its reasonable approval, until Tenant approves them. In any event, Landlord shall have the absolute right to reject any proposed changes or modifications proposed by Tenant that, in Landlord’s reasonable opinion, # are inconsistent with, or not a logical extension of, the Space Plan, # will increase the cost of the Tenant Improvements, # will materially detract from the value of the Project or # will impact the Building's structure, systems or future marketability. If Tenant does not approve or disapprove the Draft Working Drawings within five business days after receipt of any version of them, Tenant shall be deemed to have approved the Draft Working Drawings. The Draft Working Drawings as approved (or deemed approved) by Tenant are hereinafter referred to as the "Approved Working Drawings".
Approved Tenant Changes. Tenant has requested, and Landlord has approved, certain changes to the Base Building Plans as set forth on [Schedule 2], attached hereto (collectively, "Approved Tenant Changes"). Landlord shall, promptly following the full execution and delivery of the Lease by Landlord and Tenant, deliver to Tenant written notice of the costs that will be incurred to implement the proposed Tenant Requested Change (a "Landlord's Change Notice"). After receipt of Landlord's Change Notice, if Tenant advises Landlord to proceed with the proposed Tenant Requested Change, then the proposed Tenant Requested Change shall be incorporated into the
Approved Working Drawings. The Final Working Drawings shall be approved by Landlord (the “Approved Working Drawings”) prior to the commencement of construction of the Premises by Tenant. After approval by Landlord of the Final Working Drawings, Tenant shall promptly submit the same to the appropriate governmental authorities for all applicable building permits. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any building permit for the Tenant Improvements or certificate of occupancy for the Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain any such permit or certificate of occupancy. No changes, modifications or alterations in the Approved Working Drawings, other than minor changes that are necessary to account for existing conditions in the Building or are otherwise non-material, may be made without the prior written consent of Landlord, which consent shall not be unreasonably withheld or conditioned and shall be granted or reasonably denied within five (5) business days following request.
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