Common use of Assignment and Sublease Profits Clause in Contracts

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Rent and Recurring Additional Charges which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to the subtenant, plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease. “Other Sublease Considerations” means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAP.

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent Fixed Rent and as additional rent Additional Charges on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses Taxes and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, shall be in excess of Tenant’s 's Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “"Tenant’s 's Basic Cost” " for sublet space at any time means the sum of (i) the portion of the Fixed Rent and Recurring Additional Charges which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any tenant allowance payable to the subtenant and any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to the subtenantthen net unamortized or undepreciated cost of Tenant's fixtures, leasehold improvements, equipment, furniture or other personal property included in the subleased premises, plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any (including those of Tenant's in-house counsel) and other marketing costs associated with subleasing the space reasonable and customary out-of-pocket expenses paid by Tenant in connection with the sublease. “"Other Sublease Considerations” Consideration" means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPthereof determined on the basis of Tenant's federal income tax returns.

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(cSection 5.01(d) and Desk Space Users (provided that Tenant complies with the provisions of Section 5.01(d)(vi)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, (x) for the first $20.00 of such excess per rentable square foot per annum of the space attributable to such sublet space, 0% and (y) for all amounts in excess of $20.00 per rentable square foot per annum of the space attributable to such sublet space, 50% of such excess. Tenant shall deliver to Landlord within 60 90 days after the end of each calendar year and within 60 90 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Rent and Recurring Additional Charges which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to the subtenant, plus (iv) the amount of any actual reasonable customary brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) commissions, marketing costs and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease. “Other Sublease Considerations” means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAP.connection

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOTtaxes, Additional Tax Payments, Impositions, Taxes, Operating Expenses operating expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) demised premises and the amount of any Other Sublease Consideration (as hereinafter defined) payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s 's Basic Cost (as hereinafter defined) therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional ChargesRent, 50% of such excess. Tenant shall deliver to Landlord within 60 30 days after the end of each calendar year and within 60 30 days after the expiration or earlier termination of this Lease lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “"Tenant’s 's Basic Cost” " for sublet space at any time means the sum of of: (i) the portion of the Fixed Rent and Recurring Additional Charges the payments payable under Section 2.05 which is attributable to the sublet space, ; plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, ; plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to amortized on a straight-line basis over the subtenant, term of the sublease; plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease amortized on a straight-line basis over the term of the sublease. “"Other Sublease Considerations” Consideration" means all sums paid for the furnishing of services by Tenant or Landlord and the sale or rental of Tenant’s fixtures's Fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPthereof determined on the basis of Tenant's federal income tax returns.

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding other than a sublease made pursuant to Sections 5.01(c)5.01(b) (c) or (d) or to Landlord (or its designee) pursuant to Section 5.02) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, 50% of such excess. Tenant shall deliver to Landlord within 60 sixty (60) days after the end of each calendar year and within 60 sixty (60) days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Rent Rent, Tax Payments and Recurring Additional Charges Operating Payments which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes (or paying for the cost of any changes made by the subtenant) in the layout and finish of the sublet space for the ,subtenant and amortized on a straight-line basis over the term of the sublease; provided, that if Tenant or such subtenant is not making any work allowance granted such changes or to the extent any such changes do not change any of the improvements previously installed or made by Tenant to the sublet space during the prior 12 months, then portion of the unamortized costs (amortized over the Term on a straight line basis) included within the sublease term incurred by Tenant for improvements made to the sublet space within 12 months prior to such subletting, (iv) the portion of the unamortized costs (amortized over the Term on a straight line basis) incurred by Tenant for equipment, furniture or other personal property sold to such subtenant, plus (ivv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease. “Other Sublease Considerations” means all sums paid for sublease amortized on a straight-line basis over the furnishing term of services the sublease plus (vi) the amount payable by Tenant for New York State Real Property Transfer Gains Tax and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAP.Real Property Transfer Taxes and New York City Real Property Transfer Tax. For

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional ChargesRent, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Rent Rent, Tax Payments and Recurring Additional Charges which Operating Payments that is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to amortized on a straight-line basis over the subtenantterm of the sublease, plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease amortized on a straight-line basis over the term of the sublease. “Other Sublease Considerations” means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPthereof determined on the basis of Tenant’s federal income tax returns.

Assignment and Sublease Profits. (a) ). If the aggregate of the amounts payable as fixed rent Fixed Rent and as additional rent Additional Charges on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses Taxes and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, shall be in excess of Tenant’s 's Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “"Tenant’s 's Basic Cost” " for sublet space at any time means the sum of (i) the portion of the Fixed Rent and Recurring Additional Charges Tax Payments which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to the subtenant, plus (iv) the unamortized cost of Tenant's leasehold improvements remaining in the subleased premises determined on the basis of Tenant's federal income tax returns, plus (v) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space (including those of Tenant's in-house counsel) paid by Tenant in connection with the sublease. “"Other Sublease Considerations” Consideration" means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPproperty.

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent Additional Charges on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding other than by a sublease made pursuant to Sections 5.01(c)Section 8.03 of the Original Lease) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, shall be in excess of Tenant’s 's Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “"Tenant’s 's Basic Cost” " for sublet space at any time means the sum of (i) the portion of the Fixed Rent Rent, PILOT Payments and Recurring Additional Charges Operating Payments which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to amortized on a straight-line basis over the subtenant, term of the sublease plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease amortized on a straight-line basis over the term of the sublease, plus (v) the cost of any construction allowance and the cost of any free rent period or other monetary consideration granted by Tenant as an inducement to the subtenant to enter into the proposed sublease, all amortized on a straight-line basis over the term of the sublease. “"Other Sublease Considerations” Consideration" means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPthereof determined on the basis of Tenant's federal income tax returns.

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration other consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s 's Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments if, as and when collected, as Additional Charges, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after (including, without limitation, the calendar year in which occurs the expiration or earlier termination of this Lease Lease) a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Notwithstanding the foregoing, if Tenant fails to timely give any such statement to Landlord, such failure shall not constitute a default under this Lease unless Landlord gives notice to Tenant after the foregoing 60-day period and Tenant fails to give such statement to Landlord within 30 days thereafter. "Tenant’s 's Basic Cost” " for sublet space at any time means the sum of (i) the portion of the Fixed Rent Rent, Tax Payments and Recurring Additional Charges Operating Payments which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to amortized on a straight-line basis over the subtenant, term of the sublease with interest plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease. “Other Sublease Considerations” means all sums paid for sublease amortized on a straight-line basis over the furnishing term of services the sublease with interest, plus (v) 1/2 of any costs incurred by Tenant and for improvements made to the sale or rental sublet space within 12 months prior to the subletting in question (as evidenced by paid invoices), plus (vi) any take-over costs in excess of any income from any such take-over received by Tenant’s fixtures, leasehold improvementsplus (vii) any contribution for work and/or the subtenant's moving expenses, equipment, furniture or plus (viii) all other personal property (excluding any of out-of-pocket costs incurred by Tenant in connection therewith. All references to interest in this Section 5.05 shall be deemed to be interest at the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPPrime Rate.

Assignment and Sublease Profits. (a) If Except as provided below, if the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Utilities, Insurance and Operating Expenses and electricity by a subtenant under a sublease of any part of the Demised Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration (as hereinafter defined) (the “Subtenant Payments”) payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof(as hereinafter defined) therefor, Tenant shall pay to Landlord in monthly installments as and when collectedwithin [thirty (30) days of after Tenant has received Landlord’s reconciliation so that Tenant can calculate Tenant’s Basic Costs], as Additional ChargesRent, 50% of such excess. Tenant shall deliver to Landlord within 60 ninety (90) days after the end of each calendar year and within 60 ninety (90) days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to LandlordLandlord to the extent Landlord has provided the actual reconciliation so that Tenant can make the actual calculations, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of of: (i) the portion of the Fixed Rent Rent, Tax Payments, Tenant’s Insurance Payments and Recurring Additional Charges Tenant’s Utility Payments which is attributable to the sublet space, ; plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, ; plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to amortized on a straight-line basis over the subtenant, term of the sublease; plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease amortized on a straight-line basis over the term of the sublease. “Other Sublease ConsiderationsConsideration” means all sums paid for the furnishing of services by Tenant or Landlord and the sale or rental of Tenant’s fixturesFixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of to the same which were part of Tenant’s Initial Work) less, in extent such sums paid exceed the case of the sale thereof, the then net unamortized fair market value for such services or undepreciated cost thereof, amortized or depreciated in accordance with GAAPpersonal property.

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant Sublessee under a sublease Sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenantSublessee, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, fifty (50% %) percent of such excessexcess (“Landlord’s Share”); provided, that in connection with any such Sublease, Tenant may recover Tenant’s Basic Cost therefor prior to making any payment to Landlord of Landlord’s Share. Tenant shall deliver to Landlord within 60 seventy-five (75) days after the end of each calendar year (and within 60 thirty (30) days after the expiration or earlier termination of this Lease Lease) a statement specifying each sublease Sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant Sublessee to Tenant, and by Tenant to Landlord, with respect to such sublease Sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Rent Rent, Tax Payments and Recurring Additional Charges Operating Payments which is attributable to the sublet spacespace covered by such Sublease, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet such space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet such space for the subtenant and any Sublessee, and/or a work allowance granted payable by Tenant to for such changes made by the subtenantSublessee, plus (iv) the amount of any actual reasonable customary brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) commissions, advertising and marketing expenses and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the subleaseSublease and all costs incurred pursuant to Section 5.03(a)(viii) of this Lease. “Other Sublease ConsiderationsConsideration” means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized thereof determined on the basis of Tenant’s federal income tax returns. The provisions of this Section 5.05(a) shall not apply to any sublease under Section 5.01(c) or depreciated in accordance to any Desk Space User (provided that Tenant complies with GAAPthe provisions of Section 5.01(d)(vi)).

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent Fixed Rent and as additional rent Additional Charges on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses Taxes and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, shall be in excess of Tenant’s 's Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Charges, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” "TENANT'S BASIC COST" for sublet space at any time means the sum of (i) the portion of the Fixed Rent and Recurring Additional Charges Tax Payments which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to amortized on a straight-line basis over the subtenant, term of the sublease plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space (including those of Tenant's in-house counsel) paid by Tenant in connection with the sublease amortized on a straight-line basis over the term of the sublease. “Other Sublease Considerations” "OTHER SUBLEASE CONSIDERATION" means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPthereof determined on the basis of Tenant's federal income tax returns.

Assignment and Sublease Profits. (a) If the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional ChargesRent, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Rent Rent, Tax Payments and Recurring Additional Charges Operating Payments which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to amortized on a straight-line basis over the subtenantterm of the sublease, plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease amortized on a straight-line basis over the term of the sublease. “Other Sublease Considerations” means all sums paid for the furnishing of services by Tenant Txxxxx and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPthereof determined on the basis of Tenant’s federal income tax returns.

Assignment and Sublease Profits. (a) If Other than in connection with a Permitted Transaction, if the aggregate of the amounts payable as fixed rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, otherwise shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereof, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional ChargesRent, 50% of such excess. Tenant shall deliver to Landlord within 60 sixty (60) days after the end of each calendar year and within 60 sixty (60) days after the expiration or earlier termination of this Lease Expiration Date a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Rent Rent, Tax Payments, Operating Payments and Recurring Additional Charges any other charge which is attributable to the sublet spacespace for the sublease term, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by Tenant in making changes in the layout and finish of to prepare the sublet space for the occupancy of the subtenant and any or granted as a work allowance granted by Tenant to the subtenantor free rent, plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and commissions, reasonable legal fees or and any other marketing costs associated with subleasing the space customary fees, expenses and concessions actually paid by Tenant in connection with the sublease. “Other Sublease ConsiderationsConsideration” means all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property (excluding any of the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPthereof determined on the basis of Tenant’s federal income tax returns.

Assignment and Sublease Profits. (aA) If the aggregate of the amounts payable as fixed rent Basic Annual Rent and as additional rent on account of PILOT, Additional Tax Payments, Impositions, Taxes, Operating Expenses Taxes and electricity by a subtenant under a sublease of any part of the Premises (excluding a sublease made pursuant to Sections 5.01(c)) and the amount of any Other Sublease Consideration Premises, payable to Tenant by such subtenant, whether received in a lump-sum payment or otherwise, not including, however, any Other Sublease Consideration, shall be in excess of Tenant’s Basic Cost therefor at that time then, promptly after the collection thereofsuch excess shall first be applied to reimburse Tenant for Tenant’s Permitted Expenses, and once same has been fully reimbursed, as to any excess received thereafter, Tenant shall pay to Landlord in monthly installments as and when collected, as Additional Chargesadditional rent, 50% of such excess. Tenant shall deliver to Landlord within 60 days after the end of each calendar year and within 60 days after the expiration or earlier termination of this Lease a statement specifying each sublease in effect during such calendar year or partial calendar year, the rentable area demised thereby, the term thereof and a computation in reasonable detail showing the calculation of the amounts paid and payable by the subtenant to Tenant, and by Tenant to Landlord, with respect to such sublease for the period covered by such statement. “Tenant’s Basic Cost” for sublet space at any time means the sum of (i) the portion of the Fixed Basic Annual Rent and Recurring Additional Charges Tax Payments which is attributable to the sublet space, plus (ii) the amount payable by Tenant on account of electricity in respect of the sublet space, plus (iii) the amount of any costs reasonably incurred by . It is agreed and understood that Tenant in making changes in the layout and finish of the sublet space for the subtenant and any work allowance granted by Tenant to the subtenant, plus (iv) the amount of any actual reasonable brokerage commissions (it being agreed that 150% of one full standard commission on a sublease transaction involving co-brokers is a reasonable commission) and reasonable legal fees or any other marketing costs associated with subleasing the space paid by Tenant in connection with the sublease. “Other Sublease Considerations” means shall first recover all sums paid for the furnishing of services by Tenant and the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture Permitted Expenses with respect to subletting or other personal property (excluding any of assigning this Lease before the same which were part of Tenant’s Initial Work) less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof, amortized or depreciated in accordance with GAAPprofit are split pursuant to this paragraph.