Carbonite 2011 Annual Report Download - page 94
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Please find page 94 of the 2011 Carbonite annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.-
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“ Outside Completion Date ” shall mean and refer to the Outside Completion Date set forth in Item 4 of the Basic Lease Information.
“ Partial Month ” shall, in the event of a Commencement Date that occurs on a date that is other than the first (1st) day of a calendar month, mean and
refer to the number of calendar days (including the Commencement Date) remaining in the month in which the Commencement Date occurs.
“ Pathway ” shall mean and refer to the Pathway described in Item 7 of the Basic Lease Information.
“ PCBs ” shall mean and refer to polychlorinated biphenyls.
“ PDUs ” shall mean and refer to power distribution units.
“ Periods of Premises Operation ” shall mean and refer to those periods of equipment operation within the Premises (i.e., periods during electrical
power is being drawn by Tenant’s Personal Property).
“ Periods of Premises Underutilization ” shall mean and refer to those periods during which none of Tenant’s Personal Property is operating in the
Premises (i.e., periods during which there is no electrical power being drawn by Tenant’s Personal Property).
“ Permitted Transfer ” shall mean and refer to:
(x) the public offering of shares of Tenant on a public exchange or issuance of additional shares of the Tenant entity; and
(y) any of the following: (i) the transfer of a majority interest of the outstanding shares of stock of Tenant, (ii) the merger of Tenant with another
entity or entities, and (iii) the sale of all or substantially all of Tenant’s assets, and/or (iv) Affiliate Transfers; provided that, in any event described
under this clause (y), (a) the action is taken pursuant to a bona fide business transaction and not principally or exclusively as a means to evade the
consent requirements under this Lease, and (b) the “Tenant”
under this Lease after such transaction has the same or better financial strength as that
which Tenant had, immediately prior to such transaction, as evidenced in a manner reasonably acceptable to Landlord.
“ Permitted Use ” shall mean and refer to the placement, installation, operation, repair and maintenance of computer, switch and/or communications
equipment and connections of such equipment (subject to the terms of Section 1.3 of the Standard Lease Provisions), via telecommunications cables,
with the facilities and/or equipment of other tenants in the Datacenter or the Building.
“ PM Activity ” shall mean and refer to each of the preventative maintenance activities contained on Landlord’s then-current PM Standards.
“ PM Audit ” shall mean and refer to Tenant’s inspection of the PM Books and Records.
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