Common use of Excess Rent Payment Clause in Contracts

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease or sublet the Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to Landlord as additional Rent one-half (½) of any such excess rent or other consideration immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half (½) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease for said month (or if only a portion of the Premises is being sublet, one-half (½) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease for said month which is allocable on a Rentable Area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excess” of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignment) against the rent or other consideration paid by such assignee or subtenant, reasonable brokerage commissions and actual costs of leasehold improvements and other leasing concessions which Tenant has paid in connection with assigning this Lease or subleasing the applicable portion of the Premises.

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease or sublet the Demised Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to Landlord as additional Additional Rent one-half (½1/2) of any such excess rent or other consideration (as described below in this Section) immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half (½) of the excess of all rent and other consideration (as described below in this Section) paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease for said month (or if only a portion of the Demised Premises is being sublet, one-half (½) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease for said month which is allocable on a Rentable Area rentable area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease or sublet the Demised Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excess” of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignment) against the rent or other consideration paid by such assignee or subtenant, reasonable brokerage commissions and actual costs of commissions, leasehold improvements improvements, tenant concessions and other leasing concessions out-of-pocket expenses which Tenant has paid or given in connection with assigning this the Lease or subleasing the applicable portion of the Demised Premises.

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease or sublet the Premises, or any part thereof, at a rental or for other monetary or non-monetary consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to Landlord as additional Rent one-half (½1/2) of any such the excess rent or other consideration consideration, immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half (½1/2) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease for said month (or if only a portion of the Premises is being sublet, one-half (½1/2) of the excess of all rent and other consideration due from the subtenant for such the month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease for said month which is allocable on a Rentable Area rentable area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½1/2) of any other consideration realized by Tenant from such the subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excess” "EXCESS" of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignmentuntil Tenant has recouped such amount in full) against the rent or other consideration paid by such the assignee or subtenant, reasonable brokerage commissions and actual costs of commissions, leasehold improvements costs and other leasing tenant concessions which Tenant has paid in connection with assigning this Lease or subleasing the applicable portion of the Premises.given in

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease or sublet the Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this LeaseLease after deducting any reasonable third-party costs associated with such assignment or sublease, including but not limited to any tenant improvements, allowances, reasonable attorneys’ fees, commissions, rent abatement, etc., then Tenant shall pay to Landlord as additional Rent one-half fifty percent (½50%) of any such excess rent or other consideration immediately promptly upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half fifty percent (½50%) of the any such excess of all rent and or other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease for said month (or if only a portion of the Premises is being sublet, one-half fifty percent (½50%) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease for said month which is allocable on a Rentable Area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excess” of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignment) against the rent or other consideration paid by such assignee or subtenant, reasonable brokerage commissions and actual costs of leasehold improvements and other leasing concessions which Tenant has paid in connection with assigning this Lease or subleasing the applicable portion of the Premises.

Excess Rent Payment. If Tenant (as Tenant or debtor-in-debtor in possession) shall assign this Lease or sublet the Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to Landlord as additional Rent one-one half (½) of any such excess rent or other consideration immediately upon within thirty (30) days after receipt under any such assignment or, in the case of a sublease, within thirty (i30) on the later of the first day of each month during the term of any sublease, or the day of days after receipt from such subtenant, one-one half (½) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease for said month (or if only a portion of the Premises is being sublet, one-one half (½) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease for said month which is allocable on a Rentable Area rentable area basis to the space sublet), and (ii) immediately upon within thirty (30) days after the receipt thereof, one-one half (½) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excess” of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignment) against the rent or other consideration paid by such assignee or subtenant, reasonable brokerage commissions and actual other reasonable out-of-pocket costs of leasehold improvements and expenses (including, without limitation, construction, marketing, legal fees, allowances, and other leasing concessions concessions) which Tenant has paid or given in connection with assigning this the Lease or subleasing the applicable portion of the Premises.

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease lease or sublet the Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Leaselease, then Tenant shall pay to Landlord as additional Rent one-half (½1/2) of any such excess rent or other consideration immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the fifth (5th) day of following receipt from such subtenant, one-half (½1/2) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month (or if only a portion of the Premises is being sublet, one-half (½1/2) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month which is allocable on a Rentable Area basis to the space sublet), and (ii) immediately upon following the receipt thereof, one-half (½1/2) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “"excess” " of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignment) against the rent or other consideration paid by such assignee or subtenant, reasonable brokerage commissions commissions, advertising expenses, reasonable attorneys' fees and actual costs of leasehold improvements and other leasing concessions which Tenant has paid in connection with assigning this Lease lease or subleasing the applicable portion of the Premises.

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease or sublet the Premises, or any part thereof, at a rental or for other monetary or non-monetary consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to Landlord as additional Rent one-half (½1/2) of any such the excess rent or other consideration consideration, immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half (½1/2) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease for said month (or if only a portion of the Premises is being sublet, one-half (½1/2) of the excess of all rent and other consideration due from the subtenant for such the month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease for said month which is allocable on a Rentable Area rentable area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½1/2) of any other consideration realized by Tenant from such the subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excessEXCESS” of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignmentuntil Tenant has recouped such amount in full) against the rent or other consideration paid by such the assignee or subtenant, reasonable brokerage commissions and actual costs of commissions, leasehold improvements costs and other leasing tenant concessions which Tenant has paid or given in connection with assigning this the Lease or subleasing the applicable portion of the Premises, as well as the then unamortized portion of any amount paid directly by Tenant for Tenant Improvements pursuant to the Workletter Agreement, which amount shall be deemed amortized, on a straight line basis over the Term, without interest.

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) ------------------- shall assign this Lease lease or sublet the Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Leaselease, then Tenant shall pay to Landlord as additional Rent one-half (½1/2) of any such excess rent or other consideration immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half (½1/2) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month (or if only a portion of the Premises is being sublet, one-half (½1/2) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month which is allocable on a Rentable Area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½1/2) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “"excess” " of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignment) against the first rent or other consideration paid by such assignee or subtenant, subtenant reasonable brokerage commissions and actual costs of leasehold improvements and other leasing concessions which Tenant has paid in connection with assigning this Lease leasing the Premises or subleasing the applicable portion of the Premises.subleased space

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease or sublet the Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Lease, then Tenant shall pay to Landlord as additional Rent one-half (½) of any such excess rent or other consideration immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half (½1/2) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month (or if only a portion of the Premises is being sublet, one-half (½1/2) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month which is allocable on a Rentable Area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½1/2) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excess” of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignmentsublease) against the rent or other consideration paid by such assignee or subtenant, reasonable brokerage commissions and actual costs of leasehold improvements and other leasing concessions reasonable out-of-pocket costs (including, without limitation, construction, marketing, legal fees and other concessions) which Tenant has paid in connection with assigning this Lease or subleasing the applicable portion of the Premises. The terms of this subparagraph (e) shall not apply to any subletting transactions permitted under Section 15(h) below.

Excess Rent Payment. If Tenant (as Tenant or debtor-in-possession) shall assign this Lease lease or sublet the Premises, or any part thereof, at a rental or for other consideration in excess of the Rent or pro rata portion thereof due and payable by Tenant under this Leaselease, then Tenant shall pay to Landlord as additional Rent one-half (½1/2) of any such excess rent or other consideration immediately upon receipt under any such assignment or, in the case of a sublease, (i) on the later of the first day of each month during the term of any sublease, or the day of receipt from such subtenant, one-half (½1/2) of the excess of all rent and other consideration paid by the subtenant for such month over the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month (or if only a portion of the Premises is being sublet, one-half (½1/2) of the excess of all rent and other consideration due from the subtenant for such month over the portion of the Rent then payable to Landlord pursuant to the provisions of this Lease lease for said month which is allocable on a Rentable Area basis to the space sublet), and (ii) immediately upon the receipt thereof, one-half (½1/2) of any other consideration realized by Tenant from such subletting. Landlord shall not be responsible for any deficiency if Tenant shall assign this Lease lease or sublet the Premises or any part thereof at a rental less than that provided for herein. Whenever reference is made to the “excess” of rent or other consideration, such excess shall be reduced by charging (i.e., on an amortized basis over the term of the sublease or assignment) against the rent or other consideration paid by such assignee or subtenant, reasonable brokerage commissions and actual costs of leasehold improvements and other leasing concessions which Tenant has paid in connection with assigning this Lease the lease or subleasing the applicable portion of the Premises. Amounts received by Tenant representing the reasonable value of assets other than this lease (such as personal property and trade fixtures) sold in conjunction with an assignment or sublease shall not be taken into account as consideration paid for the assignment or sublease.