Common use of Assignment or Subletting Consideration Clause in Contracts

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any sublease and assignment, in excess of the Base Monthly Rent payable hereunder and reasonable subletting and assignment costs (i.e., Alterations directly associated with such sublease, legal fees and real estate commissions), shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Tenant’s obligation to pay over Landlord’s portion of the consideration constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord’s right to terminate the Lease and relating to the allocation of excess rent are independently negotiated terms of the Lease which constitute a material inducement for the Landlord to enter into the Lease, and are agreed by the Parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Equinix Inc)

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Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any sublease and assignment, in excess of the Base Monthly Rent payable hereunder and reasonable subletting and assignment costs (i.e., Alterations directly associated with such sublease, legal fees and real estate commissions)costs, shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Tenant’s 's obligation to pay over Landlord’s 's portion of the consideration constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord’s 's right to terminate the Lease and relating to the allocation of excess rent are independently negotiated terms of the Lease which constitute a material inducement for the Landlord to enter into the Lease, and are agreed by the Parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 2 contracts

Samples: Lease Agreement (Telocity Inc), Lease Agreement (Telocity Inc)

Assignment or Subletting Consideration. Any rent or other economic consideration actually realized by Tenant under any sublease and assignment, in excess of the Base Monthly Rent rent payable hereunder and reasonable subletting and assignment costs (i.e.incurred by Tenant in connection with the assignment or sublease including attorney's fees, Alterations directly associated with such brokerage commissions and remodeling costs incurred as a direct result of the sublease, legal fees and real estate commissions), shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Tenant’s 's obligation to pay over Landlord’s portion of the consideration Landlord such percentage constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord’s 's right to terminate the Lease and relating to the allocation of excess bonus rent are independently negotiated terms of the Lease which constitute a material inducement for the Landlord to enter into the Lease, and are agreed by the Parties parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Lease Agreement (Concentric Network Corp)

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any sublease and assignment, in excess of the Base Monthly Rent Rent, real estate taxes and assessments, and amortized capital expenses payable under Sections 7.C. and 8.B. payable hereunder and reasonable subletting and assignment costs (i.e., Alterations directly associated with such sublease, legal fees and real estate including brokers' commissions), shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Tenant’s 's obligation to pay over Landlord’s 's portion of the consideration constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord’s right to terminate the Lease and relating to the allocation of excess rent are independently negotiated terms of the Lease which constitute a material inducement for the Landlord to enter into the Lease, and are agreed by the Parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Sublease (Webex Inc)

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any such sublease and assignment, assignment in excess of the Base Monthly Rent rent payable hereunder (including an allocation of the purchase price attributable to Tenant's leasehold interest in the event of a sale of the Tenant's business), after the net unamortized cost of the Tenant Improvements for which Tenant has itself paid from sources other than the Work Allowance, and reasonable subletting and assignment costs (i.e., Alterations directly associated with such sublease, legal fees and real estate commissions)costs, shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Tenant’s obligation to pay over Landlord’s portion of the consideration constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord’s Xxxxxxxx's right to terminate the Lease and relating to the allocation of excess bonus rent are independently negotiated terms of the Lease which Lease, constitute a material inducement for the Landlord to enter into the Lease, and are agreed by as between the Parties parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it Tenant of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Declaration of Reciprocal Easement, Easements and Covenants (Terayon Communication Systems)

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Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any such sublease and assignment, assignment in excess of the Base Monthly Rent rent payable hereunder hereunder, after the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and reasonable subletting and assignment costs (i.e., Alterations directly associated with such sublease, legal fees and real estate commissions)costs, shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Tenant’s 's obligation to pay over Landlord’s 's portion of the consideration constitutes shall constitute an obligation for additional rent hereunder. The above provisions relating to Landlord’s 's right to terminate the Lease and relating to the allocation of excess bonus rent are independently negotiated terms of the Lease which Lease, constitute a material inducement for the Landlord to enter into the Lease, and are agreed by as between the Parties parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it Tenant of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Lease Agreement (Diagnostic Retrieval Systems Inc)

Assignment or Subletting Consideration. Any rent or other economic consideration realized received by Tenant under any such sublease and assignment, assignment in excess of the Base Monthly Rent rent payable hereunder hereunder, after the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and reasonable subletting and assignment costs (i.e., Alterations directly associated with such sublease, legal fees and real estate including lease commissions), shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Tenant’s 's obligation to pay over Landlord’s 's portion of the consideration constitutes shall constitute an obligation for additional rent hereunder. The above provisions relating to Landlord’s 's right to terminate the Lease and relating to the allocation of excess bonus rent are independently negotiated terms of the Lease which Lease, constitute a material inducement for the Landlord to enter into the Lease, and are agreed by as between the Parties parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it Tenant of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Sublease (Annuncio Software Inc)

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