Additional Consideration Payable to Lessor Sample Clauses

Additional Consideration Payable to Lessor. Except as provided below with respect to a valet concession, if Lessor gives its consent to any sub-lease, Lessee shall, in consideration therefore, include in Lessee‟s Gross Revenues the amount of Sub- lessee‟s Gross Revenues which shall be listed separately on Lessee‟s Semi-Annual Report. Sub-lessee‟s records shall be kept in accordance with Section 4.4. Gross revenues shall not include garage retail revenues based on square foot rental fees. Additionally, Lessor reserves the right to examine Sub-lessee‟s books and audit Sub-lessee‟s entire records in accordance with Sections 4.6 and 4.7 of this Lease,. Lessee shall collect a fee from all valet concessionaires allowed on the Property. Lessee shall include any and all amounts Lessee receives from the valet concessionaire in Lessee‟s Gross Revenues and Lessor shall receive Percentage Rent from Lessee pursuant to Article IV. The acceptance by Lessor of the payment of Rent following any sub-lease prohibited by this Article shall not be deemed to be a consent by Lessor to any such sub-lease nor shall the same be deemed to be a waiver of any right or remedy of Lessor hereunder.
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Additional Consideration Payable to Lessor. If Lessor gives its consent to any Transfer, Lessor shall be entitled to any proceeds from any such Transfer, with the Lessor’s participation capped at a maximum of four percent (4%) of gross proceeds from the sale if the Lease is assigned or otherwise transferred or sold within Lease Years one (1) through five (5); and five percent (5%) if transferred after Lease Year five
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Additional Consideration Payable to Lessor. If Lessor gives its consent to any Transfer, Lessor shall be entitled to proceeds from any such Transfer, with the Lessor’s participation amounting to ten percent (10%) of gross proceeds from the sale if the Lease is assigned or otherwise transferred or sold within Lease Years one (1) through three (3) of the then current term; and seven percent (7%) if transferred within Lease Year four (4) and five (5) (“Transfer Fee”) of the then current term. If the Lease is assigned or otherwise transferred or sold within either of the two (2) additional renewal terms of five years each (“First Renewal Term” and “Second Renewal Term”), the very same allocation of ten percent (10%) and seven percent (7%) shall also apply to Lease Years one (1) through three (3) and to Lease Years four (4) through five (5), respectively, for the First and Second Renewal Terms as well. Lessee shall, in consideration of any Transfer, include in Lessee’s Gross Revenues the amount of Sub- Lessee’s, Assignee’s or Transferee’s Gross Revenues which shall be listed separately on Lessee’s Annual Report. Sub-Lessee’s, Assignee’s or Transferee’s records shall be kept in accordance with Article IV. Additionally, Lessor reserves the right to examine Sub-Lessee’s, Assignee’s or Transferee’s books and audit transferee’s entire records in accordance with Article IV of this Lease. The Transfer fee shall be perpetual and shall apply to any successive Transfer procured by the terms of this Lease for as long as this Lease is active, including modifications and extensions, if any. The acceptance by Lessor of the payment of rent following any Transfer prohibited by this Article shall not be deemed to be consent by Lessor to any such Assignment or Transfer, nor shall the same be deemed a waiver of any right or remedy of Lessor hereunder.
Sample 1
Additional Consideration Payable to Lessor. If Lessor gives its consent to any Transfer, Lessor shall be entitled to any proceeds from any such Transfer, with the Lessor’s participation equal to four percent (4%) of gross proceeds from the sale if the Lease is assigned or otherwise transferred or sold within Lease Years one (1) through five (5); and five percent (5%) if transferred after Lease Year five (5) (“Transfer Fee”). Lessee shall, in consideration of any Transfer, include in Lessee’s Gross Revenues the amount of Sub-Lessee’s, Assignee’s or transferee’s Gross Revenues which shall be listed separately on Lessee’s Annual Report. Assignee’s or transferee’s records shall be kept in accordance with Article IV. Additionally, Lessor reserves the right to examine transferee’s books and audit transferee’s entire records in accordance with Article IV of this Lease. The above-mentioned Transfer Fee will apply even if the transfer or assignment is to a related, subsidiary, or affiliated entity, unless such is an Acceptable Transfer as defined in section 10.5 below. The Transfer fee shall be perpetual and shall apply to any successive Transfer procured by the terms of this Lease for as long as this Lease is active, including modifications and extensions, if any. The acceptance by Lessor of the payment of rent following any Transfer prohibited by this Article shall not be deemed to be consent by Lessor to any such Assignment or Transfer, nor shall the same be deemed a waiver of any right or remedy of Lessor hereunder.
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Related to Additional Consideration Payable to Lessor

  • Additional Considerations For each mediation or arbitration:

  • Additional Consideration Retrocessionaire agrees to pay under the Inuring Retrocessions all future premiums Retrocedant is obligated to pay pursuant to the terms of the Inuring Retrocessions to the extent that such premiums are allocable to Retrocessionaire in the manner set forth in Exhibit E hereto, and not otherwise paid by Retrocessionaire and to indemnify Retrocedant for all such premiums paid directly by Retrocedant, net of any ceding commissions and similar amounts paid by Third Party Retrocessionaires to Retrocedant.

  • Special Considerations Special considerations in determining allowability of compensation will be given to any change in a non-Federal entity's compensation policy resulting in a substantial increase in its employees' level of compensation (particularly when the change was concurrent with an increase in the ratio of Federal awards to other activities) or any change in the treatment of allowability of specific types of compensation due to changes in Federal policy.

  • Financial Considerations 5.1 In the event aggregate funding provided to SCDDO from county, state and/or federal sources is reduced or in any way becomes insufficient to fund this Agreement, the obligations of both SCDDO and the CSP must thereupon be: (1) reduced on a pro rata basis, or (2) renegotiated or terminated, provided that any termination of this Agreement must be without prejudice to any obligations or liabilities of the parties accrued prior to the termination.

  • RENT CONSIDERATION 5.1 - Rent consideration installment payments shall be made during the month for which the installment applies.

  • FINANCIAL CONSIDERATION A. The College/University and the Facility shall each bear their own costs associated with this Agreement and no payment is required by either the College/University or the Facility to the other party, except that, where applicable, the Facility shall pay the tuition and other educational fees of students it places in the clinical experience program.

  • Environmental Considerations A. Company, its officers, agents, servants, employees, invitees, independent contractors, successors, and assigns will not discharge or spill any Hazardous Substance, as defined herein, into any component of the storm drainage system or onto any paved or unpaved area within the boundaries of the Premises. In addition, Company will not discharge or spill any Hazardous Substance into any component of the sanitary sewer system without first neutralizing or treating same as required by applicable anti-pollution laws or ordinances, in a manner satisfactory to Authority and other public bodies, federal, state, or local, having jurisdiction over or responsibility for the prevention of pollution of canals, streams, rivers, and other bodies of water. Company’s discharge, spill or introduction of any Hazardous Substance onto the Premises or into any component of Authority’s sanitary or storm drainage systems will, if not remedied by Company with all due dispatch, at the sole discretion of Authority, be deemed a default and cause for termination of this Agreement by Authority, subject to notice and cure. Such termination will not relieve Company of or from liability for such discharge or spill.

  • Exception to Obligations Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

  • General Considerations a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service.

  • RISK CONSIDERATION There are no significant risks associated with the recommendations contained within this report. This application may be considered under existing MPS policies. Community Council has the discretion to make decisions that are consistent with the MPS, and such decisions may be appealed to the N.S. Utility and Review Board. Information concerning risks and other implications of adopting the proposed development agreement are contained within the Discussion section of this report. ENVIRONMENTAL IMPLICATIONS No environmental implications are identified.

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