Common use of Assignment Consideration And Excess Rentals Defined Clause in Contracts

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, : (i) the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion part of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, after deduction for reasonable leasing commissions actually paid by Tenant but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, after deduction for reasonable leasing commissions actually paid by Tenant but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.rentals

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, : (i) the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion part of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions and reasonable legal fees paid by Tenant or in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable leasing commissions and reasonable legal fees paid by Tenant or in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without any deduction except for any commissions paid by Tenant or any other costs or expenses (includingthird party, without limitationmarket-rate leasing commissions, tenant improvements, capital improvements, building upgrades, permit fees, reasonable attorneys' ’ fees, and other consultants' fees) incurred tenant improvement costs required by the assignee, paid by Tenant in connection with such assignment, such deductions to be amortized on a straight-line basis over the then-remaining term of the Lease, and the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without any deduction except for any commissions paid by Tenant or any other costs or expenses (includingthird party, without limitationmarket-rate leasing commissions, tenant improvements, capital improvements, building upgrades, permit fees, reasonable attorneys' ’ fees, and other consultants' fees) incurred tenant improvement costs required by the sublessee, paid by Tenant in connection with such sublease, such deductions to be amortized on a straight-line basis over the term of the sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant at Tenant's sole cost and expense to prepare the Leased Premises for the assignee, but without deduction for any other costs or expenses, and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such subleasesublease and, during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant at Tenant's sole cost and expense to prepare the Leased Premises for the subtenant, but without deduction for any other costs or expenses. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable third party leasing commissions and any reasonably necessary tenant improvements paid for by Tenant or but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentassignment (provided that the cost of third party, market rate brokerage commissions and improvements which are generic (and not specialized) in nature and are generally reusable by other likely tenants of the Leased Premises in Landlord's reasonable opinion, may be deducted if the assignment is to an unaffiliated third party), and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such subleasesublease (provided that the cost of third party, market rate brokerage commissions and improvements which are generic (and not specialized) in nature and are generally reusable by other likely tenants of the Leased Premises in Landlord's reasonable opinion, may be deducted if the sublease is to an unaffiliated third party),. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, : (a) the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, with a deduction for market rate leasing commissions incurred and paid by Tenant but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and (b) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, with a deduction for market rate leasing commissions incurred and paid by Tenant but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease; provided, however, that in order to defray some of the cost of Tenant's construction of the Tenant Improvements in accordance with the Work Letter, Tenant shall be entitled to retain the first one dollar ($1.00) per month per square foot in Assignment Consideration or Excess Rentals. At the end of the 12th month after the Rent Commencement Date and at the end of each 12 month period thereafter (until the Lease Expiration Date), such $1.00 per month shall be increased by 3.5% per annum compounded annually. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, the cost of tenant improvements made by Tenant at Tenant’s sole cost and expense to prepare the Leased Premises for the assignee, but without deduction for any other costs or expenses. The term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such subleasesublease and the cost of tenant improvements made by Tenant at Tenant’s sole cost and expense to prepare the Leased Premises for the subtenant, but without deduction for any other costs or expenses. Tenant agrees that the portion sixty-five percent (65%) of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without after deduction for any commissions paid by Tenant or Tenant, the unamortized balance of any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred improvements paid for by Tenant in connection with such assignment, and attorneys’s fees and other consultants’ fees reasonably and actually incurred by Tenant in connection with such assignment (provided that such attorneys’ fees and other consultants’ fees shall not exceed $5,000 in the aggregate), and the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any commissions paid by Tenant, the unamortized balance of any tenant improvements paid for by Tenant or any other costs or expenses (includingin connection with such sublease, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and attorneys' fees, ’s fees and other consultants' fees) ’ fees reasonably and actually incurred by Tenant in connection with such subleasesublease (provided that such attorneys’ fees and other consultants’ fees shall not exceed $5,000 in the aggregate). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. If the assignment or sublease is made on a full-service, gross basis, then for purposes of calculating the assignment consideration or excess rent the full-service, gross rent amount shall be converted to a net rent amount.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment consideration" “Assignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" “Excess Rentals” shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a fifty percent profit sharing clause, such that Tenant and Landlord shall share and share alike in any profit (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. In the event Tenant or to any other party on Tenant's behalf or for Tenant's benefit ’s successors sublease a portion of the Leased Premises, “Excess Rentals” shall be calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant’s Successors agree that the portion fifty percent of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder after subtracting Tenant’s Assignment/Subletting Costs shall then be the property of Landlord and not fifty percent of such shall be the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such subleasenot to exceed then standard rates). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Assignment Consideration and Excess Rentals shall also include: any consideration of any kind received, or to be received, by Tenant as a result of the Transfer, if such sums are related to Tenant's interest in this Lease or in the Premises, including payments from or on behalf of the transferee (in excess of the book value thereof) for Tenant's assets, fixtures, leasehold improvemetns, inventory, accounts, goodwill, equipment, furniture, and general intangibles.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, after deduction for reasonable attorneys' fees, market rate leasing commissions incurred by Tenant and, subject to the limitation set forth in the final sentence of this Section 7.5, tenant inducement costs, but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) whatsoever incurred by Tenant in connection with such assignment, and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any a portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, after deduction for reasonable attorneys' fees, market rate leasing commissions incurred by Tenant and, subject to the limitation set forth in the final sentence of this Section 7.5, tenant inducement costs, but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) whatsoever incurred by Tenant in connection with such sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Notwithstanding anything to the contrary contained herein, tenant inducement costs may be deducted from assignment consideration or excess rentals only up to a maximum of $40,320 in the aggregate (for all assignments of this Lease or subleases of the Leased Premises) over the term of this Lease.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, after deduction for reasonable leasing commissions, reasonable tenant improvement costs and reasonable legal fees incurred by Tenant in connection with such assignment, but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' ’ fees, and other consultants' ’ fees) incurred by Tenant in connection with such assignment), and the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, after deduction for reasonable leasing commissions, reasonable tenant improvement costs and reasonable legal fees incurred by Tenant in connection with such sublease, but without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' ’ fees, and other consultants' ’ fees). Any commissions, costs and expenses deducted shall be amortized over the term of the sublease or the remainder of the Lease Term (in the case of an assignment) incurred by Tenant in connection with such subleaseand only the monthly amortizing portion thereof shall be deducted from the excess rentals and assignment consideration payable to Landlord under this Article 7. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, : (i) the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (includingexcept third party, without limitationmarket rate leasing commissions paid and tenant improvement costs incurred in connection with the assignment, any tenant improvementsimprovement allowance and/or other out-of-pocket monetary inducements provided to such transferee by Tenant, capital improvements, building upgrades, permit fees, attorneys' fees, reasonable fees of attorney(s) and other consultants' fees) Building 3 design professionals incurred by Tenant in connection with such assignmentthe transfer, and any amount payable to Landlord under Paragraph 7.4(d) above with respect to such transfer, and (ii) the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion part of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (includingexcept third party, without limitation, market rate leasing commissions paid and tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) improvement costs incurred by Tenant in connection with such the sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions and reasonable legal fees paid by Tenant or in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' ’ fees) incurred by Tenant in connection with such assignment, and the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable leasing commissions and reasonable legal fees paid by Tenant or in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' ’ fees) incurred by Tenant in connection with such sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this ArticleARTICLE, including any amendment to this Article ARTICLE by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant at Tenant's sole cost and expense to prepare the Leased Premises for the assignee, but without deduction for any other costs or expenses, and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such subleasesublease and, during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant at Tenant's sole cost and expense to prepare the Leased Premises for the subtenant, but without deduction for any other costs or expenses. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article ARTICLE now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment considerationAssignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentalsExcess Rentals" shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or "Excess Rentals" shall include all payments made or to be made by any other party on Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord's property upon the expiration or earlier termination of the lease, whether such property was installed or paid for by Landlord or by Tenant or Tenant's behalf successors. In the event Tenant or for Tenant's benefit successors sublease a portion of the Leased Premises, "Excess Rentals" shall be calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased be such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant's Successors agree that the portion of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, : (i) the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (includingexcept third party, without limitationmarket rate leasing commissions paid and tenant improvement costs incurred in connection with the assignment, any tenant improvementsimprovement allowance and/or other out-of-pocket monetary inducements provided to such transferee by Tenant, capital improvements, building upgrades, permit fees, attorneys' fees, reasonable fees of attorney(s) and other consultants' fees) design professionals incurred by Tenant in connection with such assignmentthe transfer, and any amount payable to Landlord under Paragraph 7.4(d) above with respect to such transfer, and (ii) the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion part of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (includingexcept third party, without limitation, market rate leasing commissions paid and tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) improvement costs incurred by Tenant in connection with such the sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such subleasenot to exceed then standard rates). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Assignment Consideration and Excess Rentals shall also include: any consideration of any kind received, or to be received, by Tenant as a result of the Transfer, if such sums are related to Tenant's interest in this Lease or in the Premises, including payments from or on behalf of the transferee (in excess of the book value thereof) for Tenant's assets, fixtures, leasehold improvements, inventory, accounts, goodwill, equipment, furniture, and general intangibles.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment considerationAssignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentalsExcess Rentals" shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a fifty percent profit sharing clause, such that Tenant and Landlord shall share and share alike in any profits (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. In the event Tenant or to any other party on Tenant's behalf or for Tenant's benefit successors sublease a portion of the Leased Premises, "Excess Rentals" shall be calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square fee subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant's Successors agree that the portion fifty percent of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder after subtracting Tenant's Assignment/Subletting Costs shall then be the property of Landlord and not fifty percent of such shall be the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, the cost of tenant improvements made by Tenant at Tenant's sole cost and expense to prepare the Leased Premises for the assignee, but without deduction for any other costs or expenses. The term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable leasing commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) reasonable legal fees incurred by Tenant in connection with such subleasesublease and the cost of tenant improvements made by Tenant at Tenant's sole cost and expense to prepare the Leased Premises for the subtenant, but without deduction for any other costs or expenses. Tenant agrees that the portion sixty-five percent (65%) of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment consideration" “Assignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" “Excess Rentals” shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. Assignment Considerations and/or Excess Rentals shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the Lease, whether such property was installed or paid for by Landlord or by Tenant or to any other party on Tenant's behalf ’s successors. In the event Tenant or for Tenant's benefit ’s successors sublease a portion of the Leased Premises, Excess Rentals shall be calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease. Tenant agrees that the portion numerator of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is and shall then be the property total floor area of Landlord and not the property of TenantLeased Premises leased by such Sublessor also in square feet.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment consideration" “Assignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit assignment less reasonable real estate brokerage and legal fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" “Excess Rentals” shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period less reasonable real estate brokerage and legal fees. Assignment Considerations and/or “Excess Rentals” shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the lease, whether such property was installed or paid for by Landlord or by Tenant or to any other party on Tenant's behalf ’s successors. In the event Tenant or for Tenant's benefit ’s successors sublease a portion of the Leased Premises, “Excess Rentals” shall be calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant’s Successors agree that the portion of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment consideration" “Assignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" “Excess Rentals” shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or “Excess Rentals” shall include all payments made or to be made by any other party on Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the lease, whether such property was installed or paid for by Landlord or by Tenant or Tenant's behalf ’s successors. In the event Tenant or for Tenant's benefit ’s successors sublease a portion of the Leased Premises, “Excess Rentals” shall he calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant’s Successors agree that the portion of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment considerationAssignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentalsExcess Rentals" shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a fifty percent profit sharing clause, such that Tenant and Landlord shall share and share alike in any profit (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. In the event Tenant or to any other party on Tenant's behalf or for Tenant's benefit successors sublease a portion of the Leased Premises, "Excess Rentals" shall be calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant's Successors agree that the portion fifty percent of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder after subtracting Tenant's Assignment/Subletting Costs shall then be the property of Landlord and not fifty percent of such shall be the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, : (i) the term "“assignment consideration" ” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit as consideration for such assignment, without deduction for any commissions legal fees, tenant improvement, and other costs paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, excepting only market rate leasing commissions, which may be deducted on a straight-line basis over the remaining term of this Lease from and after the date of the assignment, and (ii) the term "“excess rentals" ” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant's ’s behalf or for Tenant's ’s benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions legal fees, tenant improvement, and other costs paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, excepting only market rate leasing commissions, which may be deducted on a straight-line basis over the term of the sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment considerationAssignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentalsExcess Rentals" shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or "Excess Rentals" shall include all payments made or to be made by any other party on Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord's property upon the expiration or earlier termination of the lease, whether such property was installed or paid for by Landlord or by Tenant or Tenant's behalf successors. In the event Tenant or for Tenant's benefit successors sublease a portion of the Leased Premises, "Excess Rentals" shall be calculated by subtracting the rent payable by the Subleasor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant's Successors agree that the portion of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writingarticle, the term "assignment consideration" “Assignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit Assignee as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" “Excess Rentals” shall mean all consideration to be paid by the sublessee Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or “Excess Rentals” shall include all payments made or to be made by any other party on Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the lease, whether such property was installed or paid for by Landlord or by Tenant or Tenant's behalf ’s successors. In the event Tenant or for Tenant's benefit ’s successors sublease a portion of the Leased Premises, “Excess Rentals” shall be calculated by subtracting the rent payable by the Sublessor for the sublease of all or any portion of the Leased Premises in excess of so sublet from all consideration to be paid by such Sublessee. Rent payable by the Rent due to Landlord under the terms of this Lease Sublessor for the portion of the Leased Premises so subleased sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the same periodLeased Premises leased by such Sublessor by a fraction, without deduction for any commissions paid the numerator of which is the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant such Sublessor also in connection with such subleasesquare feet. Tenant agrees and Tenant’s Successors agree that the portion of any assignment consideration Assignment Consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.