Common use of Excess Rent Clause in Contracts

Excess Rent. (a) Tenant shall pay Landlord on the first day of each month during the term of the sublease, fifty percent (50%) of the amount by which the sum of all rent and other consideration (direct or indirect) but exclusive of any amount received for the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof received from the subtenant for such month exceeds: that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet, less all reasonable costs and expenses for the subletting of such space including but not limited to: (1) brokerage commissions and attorneys' fees and expenses, (2) advertising for subtenants; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs of any inducements or concessions given to subtenant, moving costs, and other amounts in respect of such subtenant's other leases or occupancy arrangements. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date of the assignment fifty (50%) percent of the amount of all consideration (direct or indirect) received from the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangements.

Excess Rent. (aExcept for subleases and assignments made pursuant to Section 10.01(e) and to which Section 10.02 does not apply, Tenant shall pay Landlord on the first day of each month during the term of the subleasesublease or assignment, fifty percent (50%) of the amount by which the sum of all rent and other consideration (direct or indirect) but exclusive of any amount received for the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof received due from the subtenant or assignee for such month exceeds: (i) that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet, less all reasonable sublet or assigned; and (ii) the following costs and expenses for the subletting or assignment of such space including but not limited tospace: (1) brokerage commissions and attorneys' fees and expenses, (2) advertising for subtenants; (3) the actual costs paid in making any improvements subtenants or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs of any inducements or concessions given to subtenant, moving costs, and other amounts in respect of such subtenant's other leases or occupancy arrangements. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date of the assignment fifty (50%) percent of the amount of all consideration (direct or indirect) received from the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; sublease or assignment and (4) "free rent" periods, costs of any inducements or concessions given to subtenant or assignee, moving costs, and other amounts in respect of such subtenant's or assignee's other leases or occupancy arrangements. In the event Landlord sells the Building to an entity unrelated to Metropolitan Life Insurance Company, a new York corporation, then the following language shall be added at this point in the document: "and (5) the annual unamortized portion of Tenant's leasehold improvements. Said leasehold improvements shall be capped at $100/rentable square foot (or the Year 2000 equivalent thereof as per RS Means Building Construction Cost Data or its equivalent or successor) on the sublease premises as defined herein and shall be capped at a proportionate share thereof at the time of any future sublease (taking into consideration, the length and point in time of such subleases)."

Excess Rent. In the event of any proposed assignment of this Lease or subletting (ain whole or in part) of the Demised Premises or grant of any concession or license within the Demised Premises or allowance of any other nature of occupancy rights within the Demised Premises (any such assignment or subletting or grant of a license or concession or other occupancy rights being subject to the provisions of this Article), then notwithstanding that the prior express written permission of Landlord to any of the aforesaid transactions may have been obtained, if the rent due and payable by a sublessee under any such permitted sublease (or a combination of the rent payable under such sublease plus any bonus or other consideration therefor or incident thereto), such previously mentioned amounts payable to be determined on a per square foot basis, exceeds the hereinabove provided Minimum Rent payable under this Lease (determined on a per square foot basis) or if with respect to a permitted assignment, permitted license or other transfer by Tenant permitted by Landlord, the consideration (determined on a per square foot basis) payable to Tenant by the assignee, licensee or other transferee exceeds the Minimum Rent payable under this Lease (determined on a per square foot basis), then Tenant shall be bound and obligated to pay Landlord all such excess rental and other excess consideration within ten (10) days following receipt thereof by Tenant from such sublessee, assignee, licensee or other transferee, as the case might be. In addition to the foregoing, in the event of any proposed assignment of this Lease or subletting (in whole or in part) of the Demised Premises or grant of any concession or license within the Demised Premises or allowance of any other nature of occupancy rights within the Demised Premises (any such assignment or subletting or grant of a license or concession or other occupancy rights being subject to the provisions of this Article), then Tenant acknowledges that in addition to any other rights of Landlord set forth in this Lease or at law, as a condition to Landlord’s granting such consent (if Landlord does, in fact, consent to any such proposed assignment, subletting, grant concession or other occupancy rights, it being acknowledged by Tenant that Landlord is under no obligation to so consent), Landlord may require an increase in the Minimum Rent payable hereunder (on the first day of an annual basis for each month year during the term of the sublease, fifty percent (50%hereof remaining after Landlord grants such consent) of the amount by which equal to the sum of all rent and other consideration (direct or indirecti) but exclusive the annual Minimum Rent payable pursuant to the provisions of any amount received for the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof received from the subtenant for such month exceeds: that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet, less all reasonable costs and expenses for the subletting of such space including but not limited to: (1) brokerage commissions and attorneys' fees and expenses, (2) advertising for subtenants; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs of any inducements or concessions given to subtenant, moving costs, and other amounts in respect of such subtenant's other leases or occupancy arrangements. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date remainder of the assignment fifty term of this Lease plus (50%ii) percent of the amount of all consideration (direct or indirect) received from Percentage Rent payable by Tenant pursuant to the assignee, less reasonable costs and expenses terms of this Lease for the assignment immediately preceding Lease Year (or if no such Percentage Rent was payable pursuant to the terms of this Lease for such spaceimmediately preceding Lease Year, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising then the amount of Percentage Rent payable for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of last Lease Year for which such assignee's other leases or occupancy arrangementsPercentage Rent was so payable).

Excess Rent. (a) If Landlord approves an assignment or subletting as herein provided, Tenant shall pay Landlord on the first day of each month during the term of the subleaseto Landlord, as Additional Rent, fifty percent (50%) of the amount Transfer Profits (as hereinafter defined), as evidenced by written records satisfactory to Landlord. As used herein, "Transfer Profits" means the difference, if any, between (1) the Base Rent plus Additional Rent allocable to that part of the Premises affected by such assignment or sublease pursuant to the provisions of this Lease, and (2) the rent and any additional rent payable by the assignee or sublessee to Tenant, less actual leasing commissions and reasonable attorneys' fees, if any, incurred by Tenant in connection with such assignment or sublease, and actual tenant improvement costs paid by Tenant in improving the Premises for the applicable assignee or subtenant up to an aggregate of five dollars ($5.00) per square foot of space subject to the assignment or sublease transaction. The assignment or sublease agreement, as the case may be, after approval by Landlord, shall not be amended without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, shall contain an express assumption by the sum assignee or subtenant of all Tenant's obligations under this Lease and shall contain a provision directing the assignee or subtenant to pay the rent and other consideration (direct or indirect) but exclusive of any amount received for the sale of all furniture, fixtures and equipment sums due thereunder directly to Landlord upon receiving written notice from Landlord that does not exceed the unamortized value thereof received from the subtenant for such month exceeds: that portion of the Monthly Base Rent and Rent Adjustments due Tenant is in default under this Lease for said month which is allocable with respect to the space subletpayment of Rent. In the event that, less all reasonable costs and expenses notwithstanding the giving of such notice, Tenant collects any rent or other sums from the assignee or subtenant, then Tenant shall hold such sums in trust for the subletting benefit of Landlord and shall immediately forward the same to Landlord. Landlord's collection of such space including but rent and other sums shall not limited to: (1) brokerage commissions constitute an acceptance by Landlord of attornment by such assignee or subtenant. A consent to one assignment, subletting, occupation or use shall not be deemed to be a consent to any other or subsequent assignment, subletting, occupation or use, and attorneys' fees and expenses, (2) advertising for subtenants; (3) the actual costs paid consent to any assignment or subletting shall in making any improvements or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs no way relieve Tenant of any inducements liability under this Lease. Any assignment or concessions given to subtenant, moving costssubletting without Landlord's consent shall be void, and other amounts in respect shall, at the option of such subtenant's other leases or occupancy arrangementsLandlord, constitute a Default under this Lease. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date of the assignment fifty (50%) percent of the amount of all consideration (direct or indirect) received from the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangements.

Excess Rent. (a) Tenant shall pay Landlord to Port immediately upon receipt thereof by Tenant, as Additional Rent, one hundred percent (100%) of all sums paid or payable to Tenant by the transferee in excess of the then existing Rent payable by Tenant attributable to the portion of the Premises being transferred, including without limitation, any rent and all other sums or other consideration received by Tenant as a result of the Transfer, in whatever form, less expenses (collectively, the "Subletting Expenses") for verifiable, reasonable and customary brokerage commissions incurred in connection with the Transfer and new tenant improvements to be made and/or paid by Tenant solely in connection with such Transfer, which Subletting Expenses shall be amortized on a straight-line basis without interest, over the first day term of each month during such Transfer. By way of example, if the term of the subleasesublease equals five (5) years, fifty percent (50%) the sublease rent equals $5,000 per month, the current rent payable for such sublease space by Tenant equals $3,000 per month, the total brokerage commission paid by Tenant equals $15,000 and the cost of the new tenant improvements for the sublease space equals $15,000, then the total amount of Additional Rent payable by which Tenant to Port in connection with the sum sublease equals $1,500 per month. Total months during term of all sublease: 5 years x 12 months = 60 months Total Subletting Expenses: $15,000 + $15,000 = $30,000 Amortized cost of Subletting Expenses: $30,000/60 = $500 Difference between rent paid by subtenant and other consideration rent paid by Tenant (direct or indirect) but exclusive "Excess Rent"): $5,000 - $3,000 = $2,000 Difference between Excess Rent and amortized cost of any amount received for Subletting Expenses: $2,000 - $500 = $1,500 Notwithstanding the foregoing, in the event this Lease is assigned in connection with a sale of Tenant's business, including the sale of all furnitureTenant's Property at the Premises and Tenant's goodwill, fixtures and equipment the assignee will continue to operate the same business that does not exceed Tenant operated at the unamortized value thereof received from Premises, then the subtenant for such month exceeds: that portion of the Monthly Base Rent and Rent Adjustments due under sums payable by Tenant to Port pursuant to this Lease for said month which is allocable Section 20.6 shall be limited to those amounts attributable to the space subletvalue of Tenant's leasehold interest, but in no event less all reasonable costs and expenses for than the subletting of such space including but not limited to: (1) brokerage commissions and attorneys' fees and expenses, (2) advertising for subtenants; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs of any inducements or concessions given to subtenant, moving coststhen current Rent, and other shall not include amounts attributable to the value of Tenant's goodwill, as such amounts are determined by Port in respect of such subtenantPort's other leases or occupancy arrangementsreasonable discretion. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date of the assignment fifty (50%) percent of the amount of all consideration (direct or indirect) received from the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangements.

Excess Rent. If the Landlord consents in writing to an assignment or sublease as contemplated herein, the Tenant may complete such assignment or sublease subject to one hundred percent (a100%) of all “Excess Rent”, as hereinafter defined, derived from such assignment or sublease shall be payable to the Landlord. The Excess Rent shall be deemed to be and shall be paid by the Tenant to the Landlord as Rent. The Tenant shall pay the Excess Rent to the Landlord on immediately as and when such Excess Rent is received by the first day of each month during the term of the subleaseTenant. As used herein, fifty percent (50%) of “Excess Rent” means the amount by which the sum of all rent total money and other economic consideration (direct to be paid by the assignee or indirect) but exclusive subtenant as a result of any an assignment or sublease, whether denominated as rent or otherwise, exceeds, in the aggregate, the total amount received of Base Rent and Additional Rent which the Tenant is obligated to pay to the Landlord under this Lease, pro-rated for the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof received from the subtenant for such month exceeds: that portion of the Monthly Premises being assigned or sublet subject to such assignment or sublease, reasonable costs for additional improvements installed in the portion of the Premises subject to such assignment or sublease, at the Tenant’s sole cost and expense, for the specific assignee or subtenant in question, reasonable leasing costs (such as brokers’ commissions and the fees payable to the Landlord under Section 13.1(b)) paid by the Tenant in connection with such assignment or sublease, and the amount of Base Rent and Additional Rent Adjustments due the Tenant is obligated to pay the Landlord under this Lease Lease, prorated for said month which is allocable to the space portion of the Premises being assigned or sublet, less all reasonable costs and expenses for that is not occupied or used by the subletting Tenant until the date of such space including but not limited to: (1) brokerage commissions and attorneys' fees and expenses, (2) advertising for subtenants; (3) assignment or sublease. In determining the actual costs paid amounts to be deducted from Excess Rent in making any improvements or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs of any inducements or concessions given to subtenant, moving costs, and other amounts each monthly payment period in respect of the Tenant’s costs of assigning or subleasing, such subtenant's other leases costs shall be amortized without interest over the Term (in the case of an assignment) or occupancy arrangements. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date term of the assignment fifty sublease (50%) percent of the amount of all consideration (direct or indirect) received from the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4case of a sublease) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangementson a straight line basis.

Excess Rent. (a) If Landlord approves an assignment or subletting as herein provided, Tenant shall pay Landlord on the first day of each month during the term of the subleaseto Landlord, as Additional Rent, fifty percent (50%) of the amount Transfer Profits (as hereinafter defined), as evidenced by written records satisfactory to Landlord. As used herein, "Transfer Profits" means the difference, if any, between (1) the Base Rent plus Additional Rent allocable to that part of the Premises affected by such assignment or sublease pursuant to the provisions of this Lease, and (2) the rent and any additional rent payable by the assignee or sublessee to Tenant, less actual leasing commissions and reasonable attorneys' fees, if any, incurred by Tenant in connection with such assignment or sublease, and actual tenant improvement costs paid by Tenant in improving the Premises for the applicable assignee or subtenant up to an aggregate of five dollars ($5.00) per square foot of space subject to the assignment or sublease transaction. The assignment or sublease agreement, as the case may be, after approval by Landlord, shall not be amended without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, shall contain an express assumption by the sum assignee or subtenant of all Tenant's obligations under this Lease and shall contain a provision directing the assignee or subtenant to pay the rent and other consideration (direct or indirect) but exclusive of any amount received for the sale of all furniture, fixtures and equipment sums due thereunder directly to Landlord upon receiving written notice from Landlord that does not exceed the unamortized value thereof received from the subtenant for such month exceeds: that portion of the Monthly Base Rent and Rent Adjustments due Tenant is in default under this Lease for said month which is allocable to with respect to. the space subletpayment of Rent. In the event that, less all reasonable costs and expenses notwithstanding the giving of such notice, Tenant collects any rent or other sums from the assignee or subtenant, then Tenant shall hold such sums in trust for the subletting benefit of Landlord and shall immediately forward the same to Landlord. Landlord's collection of such space including but rent and other sums shall not limited to: (1) brokerage commissions constitute an acceptance by Landlord of attornment by such assignee or subtenant. A consent to one assignment, subletting, occupation or use shall not be deemed to be a consent to any other or subsequent assignment, subletting, occupation or use, and attorneys' fees and expenses, (2) advertising for subtenants; (3) the actual costs paid consent to any assignment or subletting shall in making any improvements or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs no way relieve Tenant of any inducements liability under this Lease. Any assignment or concessions given to subtenant, moving costssubletting without Landlord's consent shall be void, and other amounts in respect shall, at the option of such subtenant's other leases or occupancy arrangementsLandlord, constitute a Default under this Lease. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date of the assignment fifty (50%) percent of the amount of all consideration (direct or indirect) received from the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangements.

Excess Rent. If Landlord shall give its consent to any assignment of the Lease, any sublease or other Transfer or if Tenant shall enter into any other assignment or sublease permitted hereunder, Tenant shall in consideration therefor, pay to Landlord, as additional rent: (a) in the case of an assignment, an amount equal to fifty percent (50%) of all sums and other considerations paid to Tenant by the assignee for or by reason of such assignment (including, but not limited to, sums paid for the sale of Tenant’s fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereof) less all expenses reasonably and actually incurred by Tenant on account of legal fees, brokerage commissions and advertising costs and improvement costs in connection with such assignment, provided that Tenant shall pay submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require, which costs shall be amortized on a straight-line basis over the first day of each month during the term balance of the subleaseTerm of the Lease then remaining); and (b) in the case of a sublease or other Transfer, any rents, fifty percent (50%) of the amount by which the sum of all rent and additional charges or other consideration (direct payable under the sublease or indirect) but exclusive of any amount received for the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof received from other Transfer on a per square foot basis to Tenant by the subtenant for such month exceeds: that portion which is in excess of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable additional rent accruing during the term of the sublease in respect of the subleased space (at the rate per square foot payable by Tenant hereunder) pursuant to the space subletterms hereof (including, less all reasonable costs and expenses for the subletting of such space including but not limited to: (1) , sums paid for the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereof), less all expenses reasonably and actually incurred by Tenant on account of legal fees, brokerage commissions and attorneys' fees advertising costs and expensesimprovement costs in connection with such sublease, (2) advertising for subtenants; (3) provided that Tenant shall submit to Landlord a receipt evidencing the actual costs paid in making any improvements or substitutions in the Premises required by any sublease; and (4) "free rent" periods, costs of any inducements or concessions given to subtenant, moving costs, and other amounts in respect payment of such subtenant's expenses (or other leases or occupancy arrangements. (b) Except proof of payment as set forth in (a) aboveLandlord shall require, Tenant which costs shall pay Landlord be amortized on a straight-line basis over the effective date balance of the assignment fifty (50%) percent Term of the amount of all consideration (direct or indirect) received from Lease then remaining). The sums payable under this Section 13.7 shall be paid to Landlord as and when payable by the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given subtenant to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangementsTenant.”

Excess Rent. (a) Notwithstanding anything to the contrary contained in Section 15 of this Lease, Tenant shall pay Landlord on the first day of each month during the term of the subleasehereby assigns, transfers and conveys fifty percent (50%) of the amount by which the sum of all rent and other consideration any Profits (direct or indirectas hereinafter defined) but exclusive of any amount received for the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof received derived from the subtenant sublease, and Tenant shall hold such amounts in trust for such month exceeds: that portion of Landlord and pay them to Landlord within ten (10) days after receipt. “Profits” shall mean the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable gross revenue derived from the assignee or sublessee during the sublease term or during the assignment, with respect to the space subletcovered by the sublease or the assignment (“Transferred Space”), less all reasonable costs and expenses for the subletting of such space including but not limited toless: (1a) brokerage commissions and attorneys' fees and the gross revenue paid to Landlord by Tenant during the period of the sublease or during the assignment with respect to the Transferred Space; (b) the gross revenue as to the Transferred Space paid to Landlord by Tenant for all days the Transferred Space was vacated from the date that Tenant first vacated the Transferred Space until the date the assignee or sublessee was to pay Rent; (c) any improvement allowance or other economic concession (planning allowance, moving expenses, (2) advertising for subtenantsetc.), paid by Tenant to sublessee or assignee; (3d) brokers’ commissions; (e) attorneys’ fees; (f) lease takeover payments; (g) costs of advertising the actual costs paid in making any space for sublease or assignment; (h) unamortized cost of initial and subsequent improvements or substitutions in to the Premises required by any subleaseTenant; and (4i) "free rent" periodsany other costs actually paid in assigning or subletting the Transferred Space or in negotiating or effectuating the assignment or sublease; provided, costs of however, under no circumstance shall Landlord be paid any inducements or concessions given to subtenant, moving costs, and other amounts in respect of such subtenant's other leases or occupancy arrangements. (b) Except as Profits until Tenant has recovered all the items set forth in subparts (a) abovethrough (i) for such Transferred Space, Tenant shall pay Landlord on it being understood that if in any year the effective date of gross revenues, less the assignment fifty deductions set forth in subparts(a) through (50%i) percent of above (the “Net Revenues), are less than any and all costs actually paid in assigning or subletting the affected space (collectively “Transaction Costs”), the amount of all consideration (direct or indirect) received excess Transaction Costs shall be carried over to the next year and then deducted from Net Revenues with the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangementsprocedure repeated until a Profit is achieved.

Excess Rent. (a) Tenant shall pay Landlord on the first day of each month during the term of the subleaseFor any Assignment or Sublease, except an Assignment or Sublease pursuant to Section 14.7, fifty percent (50%) of the amount Excess Rent received by which Tenant shall be paid to Landlord as and when received by Tenant. “Excess Rent” means the sum of all rent and other consideration (direct or indirect) but exclusive of any amount received for the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof gross revenue received from the subtenant for such month exceeds: that portion Transferee during the Sublease term or with respect to the Assignment, less (a) the gross revenue paid to Landlord by Tenant during the period of the Monthly Base Rent Sublease term or concurrently with or after the Assignment; (b) any tenant improvement allowance or other economic concession (planning allowance, moving expenses, etc.) that is reasonably documented and Rent Adjustments due under this Lease for said month which is allocable paid by Tenant to the space subletTransferee, less all reasonable costs and expenses the cost of tenant improvements made by Tenant for the subletting of such space including but not limited to: (1) brokerage commissions and attorneys' fees and expenses, (2) advertising for subtenantsTransferees in the subleased space; (3c) customary and reasonable external brokers’ commissions to the extent paid and documented; (d) reasonable attorneys’ fees; (e) the actual costs paid cost of demising the subleased space, if applicable; (f) the unamortized cost of the Tenant Improvement Work calculated on a straight line basis over forty-eight (48) months, in making any improvements or substitutions excess of the Tenant Improvement Allowance (or, in the case of a Sublease, the amount thereof proportionate to the term of the sublease and proportionate share of the Premises required by any subleasesubject to such Sublease); and (4g) "free rent" periods, reasonable costs of advertising the space for Sublease or Assignment (collectively, “Transfer Costs”). Tenant shall not have to pay to Landlord any inducements or concessions given to subtenantExcess Rent until Tenant has recovered all of its Transfer Costs. In addition, moving costs, and other amounts in respect of such subtenant's other leases or occupancy arrangements. (b) Except as set forth in (a) abovenotwithstanding the foregoing, Tenant shall not be obligated to pay any Excess Rent to Landlord on the effective date for any Sublease(s) of the assignment up to an aggregate of fifty (50%) percent of the amount of all consideration (direct or indirect) received from Premises during the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; first two (2) advertising for assignees; (3) years of the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangementsTerm.

Excess Rent. If Landlord shall give its consent to any assignment of this Lease or to any sublease or if Tenant shall enter into any other assignment or sublease permitted hereunder, Tenant shall in consideration therefor, pay to Landlord, as additional rent: (a) in the case of an assignment (other than an assignment pursuant to Section 9.12 hereof), an amount equal to fifty percent (50%) of all sums and other consideration paid to Tenant by the assignee on account of the assignment (including, but not limited to, sums paid for the sale of Tenant's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the fair market value thereof after recoupment of all expenses reasonably and actually incurred by Tenant in connection with such assignment, provided that Tenant shall pay submit to Landlord on a receipt evidencing the first day payment of each month during such expenses (or other proof of payment as Landlord shall require); and (b) in the term case of the subleasea sublease (other than a sublease pursuant to Section 9.12 hereof), fifty percent (50%) of the amount by which the sum of all rent and any rents, additional charges or other consideration (direct or indirect) but exclusive of any amount received for payable under the sale of all furniture, fixtures and equipment that does not exceed the unamortized value thereof received from sublease on a per square foot basis to Tenant by the subtenant for such month exceeds: that portion which is in excess of the Monthly Base Basic Rent and Rent Adjustments due under this Lease for said month which is allocable additional rent accruing during the term of the sublease in respect of the subleased space (at the rate per square foot payable by Tenant hereunder) pursuant to the space subletterms hereof (including, less all reasonable costs and expenses for the subletting of such space including but not limited to: (1) brokerage commissions and attorneys' fees and expenses, (2) advertising sums paid for subtenants; (3) the actual costs paid in making any improvements sale or substitutions rental of Tenant's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the Premises required case of the sale thereof, the fair market value thereof), after recoupment of all expenses reasonably and actually incurred by Tenant in connection with such sublease, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require). The sums payable under this Section 9.06 shall be paid to Landlord after Tenant has recouped any sublease; and (4) "free rent" periods, costs of any inducements or concessions given to subtenant, moving costs, and other amounts /assignment expenses actually incurred by Tenant in respect of such subtenant's other leases or occupancy arrangementsconnection with the transaction in question. (b) Except as set forth in (a) above, Tenant shall pay Landlord on the effective date of the assignment fifty (50%) percent of the amount of all consideration (direct or indirect) received from the assignee, less reasonable costs and expenses for the assignment of such space, including but not limited to: (1) brokerage commissions and attorney's fees and expenses; (2) advertising for assignees; (3) the actual costs paid in making any improvements or substitutions in the Premises required by any assignment; and (4) "free rent" periods, costs of any inducements or concessions given to assignee, moving costs, and other amounts in respect of such assignee's other leases or occupancy arrangements.