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

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term “Assignment Consideration” shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term “Excess Rentals” shall mean all consideration to be paid by the 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 Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feet.

Appears in 1 contract

Samples: Industrial Space Lease (Asyst Technologies Inc)

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Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term “Assignment Consideration” shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term “Excess Rentals” shall mean all consideration to be paid by the 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 It is specifically intended and agreed that this provision is intended to be made by any Assignee or Sublessee relating a fifty percent profit sharing clause, such that Tenant and Landlord shall share and share alike in any way to profit (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises includingor any other property, 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 successorsas more particularly described herein. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals Rentals” shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feet. Tenant and Tenant’s Successors agree that fifty percent of any Assignment Consideration and/or Excess Rentals hereunder after subtracting Tenant’s Assignment/Subletting Costs shall be the property of Landlord and fifty percent of such shall be the property of Tenant.

Appears in 1 contract

Samples: Sublease (@Road, Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this articleARTICLE, including any amendment to this ARTICLE by way of addendum or other writing, the term “Assignment Consideration” "assignment consideration" shall mean all consideration to be paid by the Assignee 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 and reasonable legal fees incurred by Tenant in connection with such assignment 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” "excess rentals" shall mean all consideration to be paid by the Sublessee sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of the Leased Premises in excess of the rent due to be paid by said Sublessee/Sublessor for Landlord under the premises subleased terms of this Lease for the same period. Assignment Considerations and/or Excess Rentals shall include all payments made or to be , after deduction for reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such sublease and, during the first six (6) years of the Lease Term, the cost of tenant improvements made by any Assignee or Sublessee relating in any way Tenant at Tenant's sole cost and expense to any transfer of an interest in the Lease or prepare the Leased Premises includingfor the subtenant, but not limited to, without deduction for any payment made with respect to property which would other costs 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 expenses. Tenant or Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals shall be calculated by subtracting the rent payable by the Sublessor for agrees that the portion of the Leased Premises so sublet any assignment consideration and/or excess rentals arising from all consideration any assignment or subletting by Tenant which is to be paid by such Sublessee. Rent payable by to Landlord pursuant to this ARTICLE now is and shall then be the Sublessor for property of Landlord and not the portion property of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feetTenant.

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this articleArticle, including any amendment to this Article by way of addendum or other writing, the term “Assignment Consideration” "assignment consideration" shall mean all consideration to be paid by the Assignee 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 (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” "excess rentals" shall mean all consideration to be paid by the Sublessee 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 be paid by said Sublessee/Sublessor Landlord under the terms of this Lease for the premises portion so subleased for the same period. Assignment Considerations and/or Excess Rentals shall include all payments made or to be made by , without deduction for 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 commissions paid for by Landlord or by Tenant or Tenant’s successors. In 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 that the event Tenant or Tenant’s successors sublease a portion cost of the Leased Premisesthird party, Excess Rentals shall be calculated market rate brokerage commissions and improvements which are generic (and not specialized) in nature and are generally reusable by subtracting the rent payable by the Sublessor for the portion other likely tenants of the Leased Premises so sublet 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 all consideration any assignment or subletting by Tenant which is to be paid by such Sublessee. Rent payable by to Landlord pursuant to this Article now is and shall then be the Sublessor for property of Landlord and not the portion property of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feetTenant.

Appears in 1 contract

Samples: Lease (Macromedia Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term “Assignment Consideration” shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term “Excess Rentals” shall mean all consideration to be paid by the 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 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 Leaselease, whether such property was installed or paid for by Landlord or by Tenant or Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Landlord Initial Tenant Initial “Excess Rentals Rentals” shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feet. Tenant and Tenant’s Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Virage Logic Corp

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term "Assignment Consideration" shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term "Excess Rentals" shall mean all consideration to be paid by the 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 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 's property upon the expiration or earlier termination of the Leaselease, whether such property was installed or paid for by Landlord or by Tenant or Tenant’s 's successors. In the event Tenant or Tenant’s 's successors sublease a portion of the Leased Premises, "Excess Rentals Rentals" shall be calculated by subtracting the rent payable by the Sublessor Subleasor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feet. Tenant and Tenant's Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (Virage Logic Corp)

Assignment Consideration And Excess Rentals Defined. For purposes of this articleArticle, including any amendment to this Article by way of addendum or other writing: (a) the term “Assignment Consideration” "assignment consideration" shall mean all consideration to be paid by the Assignee 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 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” "excess rentals" shall mean all consideration to be paid by the Sublessee 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 be paid by said Sublessee/Sublessor Landlord under the terms of this Lease for the premises 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 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. 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 At the end of an interest in the 12th month after the Rent Commencement Date and at the end of each 12 month period thereafter (until the Lease or the Leased Premises includingExpiration Date), 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 successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals $1.00 per month shall be calculated increased by subtracting the rent payable by the Sublessor for 3.5% per annum compounded annually. Tenant agrees that the portion of the Leased Premises so sublet any assignment consideration and/or excess rentals arising from all consideration any assignment or subletting by Tenant which is to be paid by such Sublessee. Rent payable by to Landlord pursuant to this Article now is and shall then be the Sublessor for property of Landlord and not the portion property of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feetTenant.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this articleArticle, including any amendment to this Article by way of addendum or other writing, the term “Assignment Consideration” "assignment consideration" shall mean all consideration to be paid by the Assignee 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 and reasonable legal fees incurred by Tenant in connection with such assignment 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” "excess rentals" shall mean all consideration to be paid by the Sublessee sublessee to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of the Leased Premises in excess of the rent due to be paid by said Sublessee/Sublessor for Landlord under the premises subleased terms of this Lease for the same period. Assignment Considerations and/or Excess Rentals shall include all payments made or to be , after deduction for reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such sublease and the cost of tenant improvements made by any Assignee or Sublessee relating in any way Tenant at Tenant's sole cost and expense to any transfer of an interest in the Lease or prepare the Leased Premises includingfor the subtenant, but not limited to, without deduction for any payment made with respect to property which would other costs or shall become Landlord’s property upon the expiration expenses. Tenant agrees that sixty-five percent (65%) of any assignment consideration and/or excess rentals arising from any assignment or earlier termination of the Lease, whether such property was installed or paid for by Landlord or subletting by Tenant or Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration which is to be paid by such Sublessee. Rent payable by to Landlord pursuant to this Article now is and shall then be the Sublessor for property of Landlord and not the portion property of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feetTenant.

Appears in 1 contract

Samples: Lease (Scientific Learning Corp)

Assignment Consideration And Excess Rentals Defined. For purposes of this articleArticle, including any amendment to this Article by way of addendum or other writing, the term “Assignment Considerationassignment consideration” shall mean all consideration to be paid by the Assignee 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 any commissions paid by Tenant, the unamortized balance of any tenant 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 Rentalsexcess rentals” shall mean all consideration to be paid by the Sublessee sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of the Leased Premises in excess of the rent due to be paid by said Sublessee/Sublessor for Landlord under the premises subleased terms of this Lease for the same period. Assignment Considerations and/or Excess Rentals shall include all payments made or to be made , after deduction for any commissions paid by Tenant, the unamortized balance of 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 tenant improvements paid for by Landlord or Tenant in connection with such sublease, and attorneys’s fees and other consultants’ fees reasonably and actually incurred by Tenant or Tenant’s successorsin connection with such sublease (provided that such attorneys’ fees and other consultants’ fees shall not exceed $5,000 in the aggregate). In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals shall be calculated by subtracting the rent payable by the Sublessor for agrees that the portion of the Leased Premises so sublet any assignment consideration and/or excess rentals arising from all consideration any assignment or subletting by Tenant which is to be paid by such Sublesseeto Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Rent payable by If the Sublessor assignment or sublease is made on a full-service, gross basis, then for purposes of calculating the portion of assignment consideration or excess rent the Leased Premises so sublet full-service, gross rent amount shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by converted to a fraction, 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 such Sublessor also in square feetnet rent amount.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term "Assignment Consideration" shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term "Excess Rentals" shall mean all consideration to be paid by the 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 It is specifically intended and agreed that this provision is intended to be made by any Assignee or Sublessee relating a fifty percent profit sharing clause, such that Tenant and Landlord shall share and share alike in any way to profits (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises includingor any other property, 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 successorsas more particularly described herein. In the event Tenant or Tenant’s 's successors sublease a portion of the Leased Premises, "Excess Rentals Rentals" shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is the area in square feet fee subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant's Successors agree that fifty percent of any Assignment Consideration and/or Excess Rentals hereunder after subtracting Tenant's Assignment/Subletting Costs shall be the property of Landlord and fifty percent of such shall be the property of Tenant.

Appears in 1 contract

Samples: Va Linux Systems Inc

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Assignment Consideration And Excess Rentals Defined. For purposes of this articleArticle, including any amendment to this Article by way of addendum or other writing, the term “Assignment Consideration” "assignment consideration" shall mean all consideration to be paid by the Assignee 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 other costs or expenses whatsoever 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 to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or a portion of the Leased Premises in excess of the rent due to be paid by said Sublessee/Sublessor Landlord under the terms of this Lease for the premises 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 other costs or expenses whatsoever incurred by Tenant in connection with such sublease. Assignment Considerations Tenant agrees that the portion of any assignment consideration and/or Excess Rentals shall include all payments made excess rentals arising from any assignment or subletting by Tenant which is to be made by any Assignee 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 Sublessee relating in any way excess rentals only up to any transfer a maximum of an interest $40,320 in the aggregate (for all assignments of this 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 successors. In the event Tenant or Tenant’s successors sublease a portion subleases of the Leased Premises, Excess Rentals shall be calculated by subtracting ) over the rent payable by the Sublessor for the portion term of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feetthis Lease.

Appears in 1 contract

Samples: Lease (Webex Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term "Assignment Consideration" shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term "Excess Rentals" shall mean all consideration to be paid by the 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 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 's property upon the expiration or earlier termination of the Leaselease, whether such property was installed or paid for by Landlord or by Tenant or Tenant’s 's successors. In the event Tenant or Tenant’s 's successors sublease a portion of the Leased Premises, "Excess Rentals Rentals" shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by be such Sublessor by a fraction, 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 such Sublessor also in square feet. Tenant and Tenant's Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Virage Logic Corp

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term “Assignment Consideration” shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term “Excess Rentals” shall mean all consideration to be paid by the 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 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 Leaselease, whether such property was installed or paid for by Landlord or by Tenant or Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals Rentals” shall be he calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feet. Tenant and Tenant’s Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (ArcSoft, Inc.)

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term “Assignment Consideration” shall mean all consideration to be paid by the Assignee as consideration for such assignmentassignment less reasonable real estate brokerage and legal fees, and the term “Excess Rentals” shall mean all consideration to be paid by the Sublessee in excess of the rent to be paid by said Sublessee/Sublessor for the premises subleased for the same periodperiod less reasonable real estate brokerage and legal fees. Assignment Considerations and/or Excess Rentals 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 Leaselease, whether such property was installed or paid for by Landlord or by Tenant or Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, Excess Rentals Rentals” shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feet. Tenant and Tenant’s Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Acceptance Agreement (Lexar Media Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this article, the term "Assignment Consideration" shall mean all consideration to be paid by the Assignee as consideration for such assignment, and the term "Excess Rentals" shall mean all consideration to be paid by the 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 It is specifically intended and agreed that this provision is intended to be made by any Assignee or Sublessee relating a fifty percent profit sharing clause, such that Tenant and Landlord shall share and share alike in any way to profit (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises includingor any other property, 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 successorsas more particularly described herein. In the event Tenant or Tenant’s 's successors sublease a portion of the Leased Premises, "Excess Rentals Rentals" shall be calculated by subtracting the rent payable by the Sublessor for the portion of the Leased Premises so sublet from all consideration to be paid by such Sublessee. Rent payable by the Sublessor for the portion of the Leased Premises so sublet shall be calculated by multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, 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 such Sublessor also in square feet. Tenant and Tenant's Successors agree that fifty percent of any Assignment Consideration and/or Excess Rentals hereunder after subtracting Tenant's Assignment/Subletting Costs shall be the property of Landlord and fifty percent of such shall be the property of Tenant.

Appears in 1 contract

Samples: Sublease (Va Software Corp)

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