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 rent payable hereunder after deducting (i) reasonable subletting and assignment costs (ii) the Monthly Amortized Cost (defined below) of the Tenant improvements paid by Tenant, and (iii) any economic consideration received by Tenant for services rendered or personal property sold or leased, shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Monthly Amortized Cost shall be determined by taking sum paid by Tenant for the Tenant Improvements installed in the Building and dividing this sum by one hundred forty four (144) months. 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 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 to be commercially reasonable. No assignment or subletting by Tenant shall relieve it of any obligation under this Lease. Any assignment or subletting except in connection with a Permitted Transfer which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Sublease (NeurogesX Inc)

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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 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 deducting (i) the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and reasonable subletting and assignment costs (ii) the Monthly Amortized Cost (defined below) of the Tenant improvements paid by Tenant, and (iii) any economic consideration received by Tenant for services rendered or personal property sold or leasedcosts, shall be divided and paid fifty sixty-seven percent (5067%) to Landlord and fifty thirty-three percent (5033%) to Tenant. Monthly Amortized Cost shall be determined by taking sum paid by Tenant for the Tenant Improvements installed in the Building and dividing this sum by one hundred forty four (144) months. 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 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 to be commercially reasonable. No assignment or subletting by Tenant shall relieve it Tenant of any obligation under this Lease. Any assignment or subletting except in connection with a Permitted Transfer which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Lease Agreement (Visx Inc)

Assignment or Subletting Consideration. Any Beginning thirty six (36) months after the Commencement Date, any rent or other economic consideration realized by Tenant under any sublease and assignment, in excess of the rent Base Monthly Rent payable hereunder after deducting (i) and reasonable subletting and assignment costs (ii) the Monthly Amortized Cost (defined below) of the including but not limited to legal fees, real estate commissions, advertising fees, and unamortized Tenant improvements Improvements paid for by Tenant, and (iii) any economic consideration received by provided further that such Tenant for services rendered or personal property sold or leasedImprovements have value to the incoming subtenant), shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Monthly Amortized Cost shall be determined by taking sum paid by Tenant for the Tenant Improvements installed in the Building and dividing this sum by one hundred forty four (144) months. 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 bonus 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 Parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve it of any obligation under this Lease. Any assignment or subletting except in connection with a Permitted Transfer which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Lease Agreement (Brio Technology Inc)

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any sublease and assignment, in excess of the rent payable hereunder after deducting (i) reasonable subletting and assignment costs (ii) the Monthly Amortized Cost (defined below) of the Tenant improvements Improvements paid by Tenant, and (iii) any economic consideration received by Tenant for services rendered or personal property sold or leased, shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Monthly Amortized Cost shall be determined by taking sum paid by Tenant for the Tenant Improvements installed in the Building and dividing this sum by one hundred forty four (144) months. 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 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 to be commercially reasonable. No assignment or subletting by Tenant shall relieve it of any obligation under this Lease. Any assignment or subletting except in connection with a Permitted Transfer which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Sublease (Guidewire Software, Inc.)

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Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any such sublease and assignment, except to an Affiliate to which Tenant can assign or sublease without consent, in excess of the 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 deducting (i) the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and reasonable subletting and assignment costs (ii) the Monthly Amortized Cost (defined below) of the Tenant improvements paid by Tenant, and (iii) any economic consideration received by Tenant for services rendered or personal property sold or leasedcosts, shall be divided and paid fifty percent (50%) to Landlord and fifty percent (50%) to Tenant. Monthly Amortized Cost shall be determined by taking sum paid by Tenant for the Tenant Improvements installed in the Building and dividing this sum by one hundred forty four (144) months. 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 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 to be commercially reasonable. No assignment or subletting by Tenant shall relieve it Tenant of any obligation under this Lease. Any assignment or subletting except in connection with a Permitted Transfer which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Samples: Sublease Agreement (Trident Microsystems Inc)

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