Common use of Lease of Space Clause in Contracts

Lease of Space. (a) Commencing on and as of the Effective Date, and continuing on a month-to-month basis thereafter for the duration of the Initial Term, BDSI shall sublease to BND (the "Intercompany Lease") a portion of the real estate leased by BDSI at 000 Xxxxx Xxxxxx Xxxxxx, Administrative Building No. 4, Xxxxxx, XX 00000 (the "BDSI Leased Space"). The portions of the BDSI Leased Space subject to the Intercompany Lease may, depending on the occupancy requirements of BND, fluctuate from time to time during the term of the Intercompany Lease. On not less than a quarterly basis commencing with the calendar quarter beginning Xxxxx 0, 0000, XXXX and BND shall determine in good faith the portion of the BDSI Leased Space then occupied by BND (the "BND Occupied Space") for purposes of the payment obligations of BND set forth in Section 3(b) below. (b) The monthly rent payable by BND under the Intercompany Lease shall be equal to (i) BND's proportionate share, based on the then current BND Occupied Space, of the monthly out-of-pocket cost to BDSI for all utilities (other than telephone and telecom services), taxes and maintenance, cleaning, security and repair fees paid by BDSI with respect to the BDSI Leased Space and (ii) BND's proportionate share, based on usage, of the monthly out-of-pocket cost to BDSI for the provision of third party telephone and telecom services to BND (c) The Intercompany Lease will continue on a month-to-month basis and shall terminate on April 1, 2004, unless earlier terminated by BDSI or BND on at least thirty (30) days prior written notice.

Lease of Space. (a) Commencing on and as of the Effective Date, and continuing on a month-to-month basis thereafter for the duration of the Initial Term, BDSI shall sublease to BND (the "Intercompany Lease") a portion of the real estate leased by BDSI at 000 Xxxxx Xxxxxx Xxxxxx185 South Orange Avenue, Administrative Building No. 4, XxxxxxNewark, XX 00000 NJ 07100 (the xxx "BDSI Leased SpaceXXXX Xxxxxx Xxace"). The portions of the BDSI Leased Space subject Lxxxxx Xxxxx xxxxect to the Intercompany Lease may, depending on the occupancy requirements of BND, fluctuate from time to time during the term of the Intercompany Lease. On not less than a quarterly basis commencing with the calendar quarter beginning Xxxxx 0April 1, 00002003, XXXX BDSI and BND shall determine in good faith the portion of the BDSI Leased xx xxx XXXX Xxxxxx Space then occupied by BND (the "BND Occupied Space") for purposes of the payment obligations of BND set forth in Section 3(b) below. (b) The monthly rent payable by BND under the Intercompany Lease shall be equal to (i) BND's proportionate share, based on the then current BND Occupied Space, of the monthly out-of-pocket cost to BDSI for all utilities (other than telephone and telecom services), taxes and maintenance, cleaning, security and repair fees paid by BDSI with respect to the BDSI Leased Space and (ii) BND's proportionate share, based on usage, of the monthly out-of-pocket cost to BDSI for the provision of third party telephone and telecom services to BND (c) The Intercompany Lease will continue on a month-to-month basis and shall terminate on April 1, 2004, unless earlier terminated by BDSI or BND on at least thirty (30) days prior written notice.

Lease of Space. (a) Commencing on and as of the Effective Date, and continuing on a month-to-month basis thereafter for the duration of the Initial Term, BDSI shall sublease to BND (the "Intercompany Lease") a portion of the real estate leased by BDSI at 000 Xxxxx Xxxxxx Xxxxxx185 South Orange Avenue, Administrative Building No. 4, XxxxxxNewark, XX 00000 NJ 07000 (the xxx "BDSI Leased SpaceXXXX Xxxxxx Xpace"). The portions of the BDSI Leased Space subject Xxxxxx Xxxxx xxxject to the Intercompany Lease may, depending on the occupancy requirements of BND, fluctuate from time to time during the term of the Intercompany Lease. On not less than a quarterly basis commencing with the calendar quarter beginning Xxxxx 0April 1, 00002003, XXXX BDSI and BND shall determine in good faith the portion of the BDSI Leased xx xxx XXXX Xxxxxx Space then occupied by BND (the "BND Occupied Space") for purposes of the payment obligations of BND set forth in Section 3(b) below. (b) The monthly rent payable by BND under the Intercompany Lease shall be equal to (i) BND's proportionate share, based on the then current BND Occupied Space, of the monthly out-of-pocket cost to BDSI for all utilities (other than telephone and telecom services), taxes and maintenance, cleaning, security and repair fees paid by BDSI with respect to the BDSI Leased Space and (ii) BND's proportionate share, based on usage, of the monthly out-of-pocket cost to BDSI for the provision of third party telephone and telecom services to BND (c) The Intercompany Lease will continue on a month-to-month basis and shall terminate on April 1, 2004, unless earlier terminated by BDSI or BND on at least thirty (30) days prior written notice.