Permitted Use (a) Tenant shall, at all times during the Term, and at any other time that Tenant shall be in possession of any Property, continuously use and operate, or cause to be used and operated, such Property as a skilled nursing/ intermediate care/independent living/assisted living/ special care/group home facility as currently operated, and any uses incidental thereto. Tenant shall not use (and shall not permit any Person to use) any Property, or any portion thereof, for any other use without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. No use shall be made or permitted to be made of any Property and no acts shall be done thereon which will cause the cancellation of any insurance policy covering such Property or any part thereof (unless another adequate policy is available) or which would constitute a default under any ground lease affecting such Property, nor shall Tenant sell or otherwise provide to residents or patients therein, or permit to be kept, used or sold in or about any Property any article which may be prohibited by law or by the standard form of fire insurance policies, or any other insurance policies required to be carried hereunder, or fire underwriter’s regulations. Tenant shall, at its sole cost (except as expressly provided in Section 5.1.2(b)), comply or cause to be complied with all Insurance Requirements. Tenant shall not take or omit to take, or permit to be taken or omitted to be taken, any action, the taking or omission of which materially impairs the value or the usefulness of any Property or any part thereof for its Permitted Use. (b) In the event that, in the reasonable determination of Tenant, it shall no longer be economically practical to operate any Property as currently operated, Tenant shall give Landlord Notice thereof, which Notice shall set forth in reasonable detail the reasons therefor. Thereafter, Landlord and Tenant shall negotiate in good faith to agree on an alternative use for such Property, appropriate adjustments to the Additional Rent and other related matters; provided, however, in no event shall the Minimum Rent be reduced or abated as a result thereof. If Landlord and Tenant fail to agree on an alternative use for such Property within sixty (60) days after commencing negotiations as aforesaid, Tenant may market such Property for sale to a third party. If Tenant receives a bona fide offer (an “Offer”) to purchase such Property from a Person having the financial capacity to implement the terms of such Offer, Tenant shall give Landlord Notice thereof, which Notice shall include a copy of the Offer executed by such third party. In the event that Landlord shall fail to accept or reject such Offer within thirty (30) days after receipt of such Notice, such Offer shall be deemed to be rejected by Landlord. If Landlord shall sell the Property pursuant to such Offer, then, effective as of the date of such sale, this Agreement shall terminate with respect to such Property, and the Minimum Rent shall be reduced by an amount equal to the product of the net proceeds of sale received by Landlord multiplied by the Interest Rate. If Landlord shall reject (or be deemed to have rejected) such Offer, then, effective as of the proposed date of such sale, this Agreement shall terminate with respect to such Property, and the Minimum Rent shall be reduced by an amount equal to the product of the projected net proceeds determined by reference to such Offer multiplied by the Interest Rate.
License; Use Upon delivery to an Authorized Person or a person reasonably believed by Custodian to be an Authorized Person of the Fund of software enabling the Fund to obtain access to the System (the “Software”), Custodian grants to the Fund a personal, nontransferable and nonexclusive license to use the Software solely for the purpose of transmitting Written Instructions, receiving reports, making inquiries or otherwise communicating with Custodian in connection with the Account(s). The Fund shall use the Software solely for its own internal and proper business purposes and not in the operation of a service bureau. Except as set forth herein, no license or right of any kind is granted to the Fund with respect to the Software. The Fund acknowledges that Custodian and its suppliers retain and have title and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. The Fund further acknowledges that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by Custodian or its suppliers. The Fund shall not take any action with respect tot the Software inconsistent with the foregoing acknowledgement, nor shall the Fund attempt to decompile, reverse engineer or modify the Software. The Fund may not xxx, sell, lease or provide, directly or indirectly, any of the Software of any portion thereof to any other person or entity without Custodian’s prior written consent. The Fund may not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon Custodian’s request.
Permitted Uses BA shall use Protected Information only for the purpose of performing BA’s obligations under the Contract and as permitted or required under the Contract and Addendum, or as required by law. Further, BA shall not use Protected Information in any manner that would constitute a violation of the Privacy Rule or the HITECH Act if so used by CE. However, BA may use Protected Information as necessary (i) for the proper management and administration of BA;
SOFTWARE LICENSE GRANT Where Product is acquired on a licensed basis the following shall constitute the license grant:
Restricted Use Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. RED Botulinum Toxin Type A (Dysport®) ICB Muscle spasticity in neuromuscular conditions - cerebral palsy - as per locally agreed policy Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. RED Botulinum Toxin Type A (Botox®, Dysport®) ICB Treatment of focal spasticity in Multiple Sclerosis or following stroke or brain injury - as per locally agreed policy Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance RED Botulinum Toxin Type A and B (Botox®) NHSE Intravesical use in spinal cord injury Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. RED Botulinum Toxin Type A and B (Botox®) NHSE Focal spasticity in children Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. RED Brentuximab vedotin (Adcetris®) NHSE CD30-positive Hodgkin lymphoma in adults with relapsed or refractory disease - as per NICE TA 524 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA524 - Jun 18 RED Brentuximab vedotin (Adcetris®) NHSE Treating CD30-positive cutaneous T-cell lymphoma (CTCL) after at least 1 systemic therapy in adults, only if they have mycosis fungoides stage IIB or over, primary cutaneous anaplastic large cell lymphoma or Sézary syndrome - as per NICE TA 577 (NHSE comm Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA577 - Apr 19 BLACK Brentuximab vedotin (Adcetris®) NHSE Untreated advanced Hodgkin lymphoma (terminated appraisal) Not commissioned. No NHS prescribing in primary or secondary care TA594 - Aug 19 RED Brentuximab vedotin (Adcetris®) NHSE in combination for untreated systemic anaplastic large cell lymphoma Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA641 – August 2020 RED Brentuximab vedotin ▼ (Adcetris® ▼) NHSE CD30-positive Hodgkin lymphoma - as per NICE TA 446 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA446 - Jun 17 Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance RED Brentuximab vedotin ▼ (Adcetris® ▼) NHSE For treating relapsed or refractory systemic anaplastic large cell lymphoma in adults, only if they have an Eastern Cooperative Oncology Group (ECOG) performance status of 0 or 1 - as per NICE TA 478 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA478 - Oct 17 RED Brexucabtage ne autoleucel Tecartus® NHSE relapsed or refractory B-cell acute lymphoblastic leukaemia in people 26 years and over Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA893 – June 2023 RED Brigatinib (Alunbrig®) NHSE For treating ALK-positive advanced non-small-cell lung cancer in adults, after crizotinib - as per NICE TA 571 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA571 - Mar 19 RED Brigatinib Alunbrig® NHSE ALK-positive advanced non-small- cell lung cancer that has not been previously treated with an ALK inhibitor Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA670 – January 2021 RED Brimapitide NHSE Acute sensorineural hearing loss Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. BLACK Brimonidine tartrate gel (Mirvaso®) ICB Treatment of facial erythema (rosacea) Not commissioned. No NHS prescribing in primary or secondary care NICE has not issued any guidance. RED Brincidofovir ((CMX001)) NHSE CMV infection Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. ADVICE Brivaracetam Briviact ICB epilepsy as alternative to levetiracetam Formulary - Specialist advice required from primary or secondary care clinician with relevant expertise prior to primary care initiation NICE has not issued any guidance. Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance RED Brodalumab (Kyntheum®) ICB Moderate to severe plaque psoriasis - as per NICE TA 511 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA511 - Mar 18 RED Brolucizumab Beovu® ICB Wet age-related macular degeneration Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA672 – February 2021 BLUE Brolucizumab Beovu® ICB diabetic macular oedema NWICB are committed to fund positive NICE TA treatments. Awaiting clarification of place in pathway and commissioning arrangements. Further guidance will be issued when available. For all other treatments, formulary application and discussion will be required TA820 – August 2022 BLACK Bromocriptine () ICB Pharmacological neuroprotective therapy in Xxxxxxxxx'x disease (Not a licensed indication). Not commissioned. No NHS prescribing in primary or secondary care NG71 -Sep 17 BLACK Bromocriptine mesilate (Parlodel®) ICB First-line use in Xxxxxxxxx'x disease - as per NICE NG 17 Not commissioned. No NHS prescribing in primary or secondary care NG71 -Sep 17 ADVICE Budenofalk (Budenofalk® ) ICB Crohn's disease in adults Formulary - Specialist advice required from primary or secondary care clinician with relevant expertise prior to primary care initiation NICE has not issued any guidance. ADVICE Budenofalk (Budesonide 3mg caps & 9mg granules) (Budenofalk® ) ICB Collagenous colitis in adults Formulary - Specialist advice required from primary or secondary care clinician with relevant expertise prior to primary care initiation NICE has not issued any guidance. Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance RED Budesonide (oral viscous slurry) Pulmicort respules ICB eosinophilic oesophagitis in adults and paediatrics Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance BLACK Budesonide orodispersible tablets (Jorveza®) ICB Eosinophilic oesophagitis in adults - treatment for maintenance of remission Not commissioned. No NHS prescribing in primary or secondary care TA708 – June 2021 ADVICE Budesonide orodispersible tablets (Jorveza®) ICB Eosinophilic oesophagitis in adults (GP may issue a SINGLE follow-up treatment (NOT for repeat) only if deemed necessary following assessment of response to initial treatment by given the hospital) Formulary - Specialist advice required from primary or secondary care clinician with relevant expertise prior to primary care initiation Consultant/Specialist responsible for the first script. TA708 – June 2021 RED Budesonide orodispersible tablets (Jorveza®) ICB Eosinophilic oesophagitis in adults (first treatment with follow-up assessment of effectiveness by the hospital) Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA708 – June 2021 RED Bulevirtide Hepcludex® NHSE chronic hepatitis D Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA896 – June 2023 GREEN Buprenorphine (sublingual & oral lyophilisate) (Subutex® - generics available / Espranor®) NCC Opioid dependence (for use by prescribers with competence in treating opioid dependence) Formulary - Drugs that can be initiated by Prescriber in Primary Care NICE has not issued any guidance. ADVICE Buprenorphine (transdermal) (Butec®, Transtec® patches) ICB Patients with renal impairment (eGFR 15-30, CKD 4) who have an accumulation of opiates and a resulting potential for toxicity Formulary - Specialist advice required from primary or secondary care clinician with relevant expertise prior to primary care initiation NICE has not issued any guidance. Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance BLUE Buprenorphine Long-Acting Injection Buvidal®) ICB opioid substitution treatment NWICB are committed to fund positive NICE TA treatments. Awaiting clarification of place in pathway and commissioning arrangements. Further guidance will be issued when available. For all other treatments, formulary application and discussion will be required RMOC - April 2021 GREEN Bupropion (Zyban®) NCC Adjunct to smoking cessation Formulary - Drugs that can be initiated by Prescriber in Primary Care NG92 - Mar 18 BLACK Bupropion (Zyban®) ICB ADHD and other mental health conditions Not commissioned. No NHS prescribing in primary or secondary care NICE has not issued any guidance. RED Burosumab Crysvita®) NHSE X-linked hypophosphataemia in adults Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA993 – August 2024 RED Burosumab (Crysvita®) NHSE X-linked hypophosphataemia (XLH) with radiographic evidence of bone disease in children aged 1 year and over, and in young people with growing bones - as per NICE HST 8 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care HST8 - Oct 18 updated Sept 2024 Double Red Buspirone (Generics are available) ICB Augmentation of an antidepressant - as per NICE CG 90 - Do Not Do Not recommended for routine use CG90 - Oct 09 RED Busulfan (Myleran®) NHSE All indications Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance BLACK Butyrophenon es (benperidol and haloperidol) (Various) ICB NICE Do Not Do - Use in Xxxxxxxxx'x disease - as per NG 71 (Not a licensed indication). Not commissioned. No NHS prescribing in primary or secondary care NG71 -Sep 17 RED C1 Esterase Inhibitors NHSE Hereditary angioedema treatment and prophylaxis Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. BLACK Cabazitaxel (Jevtana®) NHSE Hormone-refractory metastatic prostate cancer previously treated with a docetaxel-containing regimen - as per NICE TA 255 Not commissioned. No NHS prescribing in primary or secondary care TA255 - May 12 RED Cabazitaxel (Jevtana®) NHSE Metastatic hormone relapsed prostate cancer in people whose disease has progressed during or after docetaxel chemotherapy - as per NICE TA 391 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA391 - Aug 16 BLACK Cabergoline (Cabaser®) ICB First-line use in Xxxxxxxxx'x disease - as per NICE NG 71 (Not a licensed indication). Not commissioned. No NHS prescribing in primary or secondary care NG71 -Sep 17 RED Cabotegravir Vocabria® NHSE HIV Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. RED Cabotegravir Vocabria® NHSE with rilpivirine for treating HIV-1 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA757 – January 2022 RED Cabozantinib (Cometriq®) NHSE For treating medullary thyroid cancer - as per NICE TA 516 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA516 - Mar 18 Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance RED Cabozantinib (Cabometyx ®) NHSE Untreated advanced renal cell carcinoma in adults under defined circumstances - as per NICE TA 542 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA542 - Oct 18 RED Cabozantinib Cabometyx® NHSE previously treated advanced hepatocellular carcinoma Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA849 – December 2022 BLACK Cabozantinib Cabometyx® NHSE previously treated advanced differentiated thyroid cancer unsuitable for or refractory to radioactive iodine Not commissioned. No NHS prescribing in primary or secondary care TA928 – November 20 RED Cabozantinib Cabometyx® NHSE with nivolumab for untreated advanced renal cell carcinoma Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA964 – April 2024 RED Cabozantinib ▼ (Cabometyx ® ▼) NHSE Previously treated advanced renal cell carcinoma in adults after vascular endothelial growth factor (VEGF)-targeted therapy - as per NICE TA 463 Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA463 - Aug 17 RED Calcifidiol NHSE Inborn errors in primary bile acid synthesis Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care NICE has not issued any guidance. BLACK Calcium and Ergocalciferol combi tablets (Generic tablets) ICB Prevention of osteoporosis-related fractures and falls Not commissioned. No NHS prescribing in primary or secondary care NICE has not issued any guidance. Double Red Calcium channel blockers - various (Various) ICB Treatment of cor pulmonale - as per NICE CG 101 - NICE Do Not Do Not recommended for routine use CG101 - Jul 10 Traffic Light Classification Drug Name Brand Name Commissioner Indication (assume licenced unless stated) Instructions for Prescriber NICE Guidance ADVICE Canagliflozin ▼ (Invokana® ▼) ICB In combination therapy for treating type 2 diabetes - as per NICE TA 315 Formulary - Specialist advice required from primary or secondary care clinician with relevant expertise prior to primary care initiation TA315 - Jun 14 ADVICE Canagliflozin ▼ (Invokana® ▼) ICB As a 4th monotherapy option for treating type 2 diabetes - as per NICE TA 390 Formulary - Specialist advice required from primary or secondary care clinician with relevant expertise prior to primary care initiation TA390 - May 16 BLACK Canakinumab (Ilaris®) ICB Treatment of gouty arthritis attacks and reducing the frequency of subsequent attacks - as per NICE TA 281 (terminated appraisal) Not commissioned. No NHS prescribing in primary or secondary care TA281 - Apr 13 BLACK Canakinumab (Ilaris®) NHSE Treatment of systemic juvenile idiopathic arthritis - - as per NHS England policy (terminated appraisal) Not commissioned. No NHS prescribing in primary or secondary care TA302 - Nov 13 BLACK Cangrelor ▼ (Kengrexal® ▼) ICB Treatment for reducing atherothrombotic events in people undergoing percutaneous coronary intervention or awaiting surgery requiring interruption of anti platelet therapy - as per NICE TA 351 (terminated appraisal) Not commissioned. No NHS prescribing in primary or secondary care TA351 - Jul 15 RED Cannabidiol Epidyolex® NHSE seizures caused by tuberous sclerosis complex Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA873 – March 2023 RED Cannabidiol with clobazam (Epidyolex®) NHSE Seizures associated with Dravet syndrome Restricted use – Prescribing to remain with the hospital or specialist service. No prescribing in primary care TA614 - Dec 19
License Grants The licenses granted in this Section 2 are subject to the terms and conditions set forth in this XXXX: a. Subject to Section 2(b), you may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers. b. In addition to the single copy of the Software permitted in Section 2(a), the primary user of the computer on which the Software is installed may make a second copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that: A. the second copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), B. the second copy of the Software is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed. c. In the event the Software is distributed along with other PremiumSoft software products as part of a suite of products (collectively, the "Studio"), the license of the Studio is licensed as a single product and none of the products in the Studio, including the Software, may be separated for installation or use on more than one computer. d. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes. e. You agree that PremiumSoft may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse PremiumSoft for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. f. Your license rights under this XXXX are non-exclusive.