Common use of Excess Consideration Clause in Contracts

Excess Consideration. In the event of an assignment of the Lease or a subletting of the Premises to any entity other than an Affiliated Entity, fifty percent (50%) of the cash consideration received by Tenant (but not any other non-cash consideration) from that assignment or sublease over the amount paid as Rent during the comparable period (the “Excess Consideration”) shall be paid to Landlord as Additional Rent on a monthly basis. In the event less than all of the Premises is subleased, a pro rata portion (calculated on a per square foot basis) of the Rent paid by Tenant shall be used in calculating the Excess Consideration. The reasonable leasing commissions paid by Tenant, the amortization of the cost of any improvements made to the Premises at Tenant’s cost for the assignee/sublessee, and other reasonable, out-of-pocket costs paid by Tenant to unaffiliated third parties in connection with the assignment/subletting shall be deducted in calculating the Excess Consideration. Within ten (10) days of the date the assignee/subtenant begins occupancy in the Premises, the Tenant shall send Landlord a copy of the executed Lease Assignment or Sublease, as applicable, and a detailed statement showing the calculation of the Excess Consideration, including the total consideration to be paid by the subtenant/assignee over the term of the assignment/subletting and any costs (to be accompanied by reasonable supporting documentation) to be deducted from that amount as permitted by this Section. Landlord shall have the right, one time during each sublease year, during business hours and upon prior reasonable notice to Tenant, to audit Tenant’s books and records to verify the accuracy of that statement.

Excess Consideration. In the event of an any assignment of the Lease or a subletting of the Premises to any entity other than an Affiliated Entitysublease, fifty Landlord shall receive as additional rent hereunder sixty-five percent (5065%) of the cash consideration received by Tenant (but not any other non-cash consideration) from that assignment or sublease over the amount paid as Rent during the comparable period (the Tenant’s “Excess Consideration”) ” derived from such assignment or sublease. If Tenant shall elect to assign or sublet, Tenant shall use reasonable and good faith efforts to secure consideration from any such assignee or subtenant which would be paid generally equivalent to Landlord then-current market rent, but in no event shall Tenant’s monetary obligations to Landlord, as Additional Rent on a monthly basisset forth in this Lease, be reduced. In the event of a sublease, “Excess Consideration” shall mean all rent, additional rent or other consideration actually received by Tenant from such subtenant and/or actually paid by such subtenant on behalf of Tenant in connection with the subletting in excess of the rent, additional rent and other sums payable by Tenant under this Lease during the term of the sublease on a per square foot basis if less than all of the Premises is subleased, a pro rata portion (calculated on a per square foot basis) of the Rent paid less brokerage commissions, if any, reasonably incurred by Tenant shall be used in calculating to procure the Excess Consideration. The reasonable leasing commissions paid by Tenantsublease, the amortization of and the cost of any improvements alterations made to the Premises at Tenant’s cost by Tenant specifically for the assignee/sublesseebenefit of such subtenant. In the event of an assignment, “Excess Consideration” shall mean key money, bonus money or other consideration paid by the assignee to Tenant in connection with such assignment, and other reasonable, out-of-pocket costs paid any payment in excess of fair market value for services rendered by Tenant to unaffiliated third parties assignee or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to assignee in connection with such assignment, less brokerage commissions, if any, reasonably incurred by Tenant to procure the assignment/subletting shall be deducted in calculating the Excess Consideration. Within ten (10) days of the date the assignee/subtenant begins occupancy in the Premises, the Tenant shall send Landlord a copy of the executed Lease Assignment or Sublease, as applicable, and a detailed statement showing the calculation cost of any alterations made by Tenant specifically for the benefit of such assignee. If part of the Excess Consideration, including the total consideration to Consideration shall be paid payable by the subtenant/assignee over the term or subtenant other than in case, then Landlord’s share of the assignment/subletting and any costs (such non-cash consideration shall be in such form as is reasonably satisfactory to be accompanied by reasonable supporting documentation) to be deducted from that amount as permitted by this Section. Landlord shall have the right, one time during each sublease year, during business hours and upon prior reasonable notice to Tenant, to audit Tenant’s books and records to verify the accuracy of that statementLandlord.

Excess Consideration. In the event of an assignment of the this Lease or a subletting of the Premises to any entity other than an Affiliated EntityPremises, fifty percent (50%) all of the cash consideration received by Tenant (but not any other non-cash consideration) from that assignment or sublease over the amount paid as Rent during the comparable period (the “"Excess Consideration”") shall be paid to Landlord as Additional Rent on a monthly basis. In the event less than all of the Premises is subleased, a pro rata portion (calculated on a per square foot basis) of the Rent paid by Tenant shall be used in calculating the Excess Consideration. The reasonable leasing commissions paid by TenantXxxxxx, the amortization of the cost of any improvements made to the Premises at Tenant’s 's cost for the assignee/sublessee, the amortization of the Excess Upfit Costs paid by Xxxxxx, and other reasonable, out-of-pocket costs paid by Tenant to unaffiliated third parties in connection with the assignment/subletting shall be deducted in calculating the Excess Consideration. Excess Consideration shall not include the price paid to Tenant by the assignee/subtenant for Tenant's equipment, assets, intangible property, stock, and/or business as a going concern. Within ten (10) 10 days of the date the assignee/subtenant begins occupancy in the Premises, the Tenant shall send Landlord a copy of the executed Lease Assignment or Sublease, as applicable, and a detailed statement showing the calculation of the Excess Consideration, including the total consideration to be paid by the subtenant/assignee over the term of the assignment/subletting and any costs (to be accompanied by reasonable supporting documentation) to be deducted from that amount as permitted by this Section. Landlord shall have the right, one time during each sublease at any time, but not more than once per calendar year, during business hours and upon no less than five business days’ prior reasonable notice to Tenant, to audit Tenant’s 's books and records to verify the accuracy of that statement.