Common use of Expenses and Profits; Effect of Consent Clause in Contracts

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, and (ii) all reasonable costs and expenses actually incurred by Tenant in connection with such assignment or subletting, for brokerage commissions, reasonable attorneys’ fees, improvements to the Premises and advertising expenses shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Thousand Five Hundred Dollars ($1,500.00). (3) Neither the consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, shall be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, after Tenant has first deducted its actual and (ii) all reasonable out-of-pocket third party costs and expenses actually incurred by Tenant in connection with such a sublease or assignment or subletting, for brokerage commissions, reasonable advertising fees, attorneys’ feesfees and tenant improvements, improvements to the Premises and advertising expenses shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ ' fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Two Thousand Five Hundred Dollars ($1,500.002,500.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days days’ notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, and effect plus (ii) all reasonable costs and expenses actually incurred by Tenant for brokerage commissions, attorney’s fees, advertising costs and tenant improvements in connection with such subletting or assignment or subletting, for brokerage commissions, reasonable attorneys’ fees, improvements to the Premises and advertising expenses shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ fees, fees incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Thousand Five Hundred Dollars ($1,500.001,000.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent one-half (50%1/2) of any the profits to Tenant from such assignment or subletting (that is, the sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, and (ii) all reasonable costs and expenses paid by Tenant pursuant to Section 23.D.(2) hereof, and (iii) all other costs and expenses actually incurred by Tenant in connection with such assignment or subletting, subletting for brokerage commissions, reasonable attorneys’ fees, improvements to the Premises Premises, advertising costs, attorney's fees, tenant allowances, and advertising expenses professional fees), shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all reasonable costs and expenses, including reasonable attorneys’ ' fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Two Thousand Five Hundred Dollars ($1,500.002,500.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) 10.2.1. In the event Landlord permits Landlord, in its sole discretion elects to permit Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the PremisesPremises (net of the reasonable expenses of such assignment or subletting amortized on a straight-line basis, without interest, over the term of the sublease or, in the case of an assignment, over the remainder of the Term), in excess of the sum of (i) the Rent then in effect, and (ii) all reasonable costs and expenses actually incurred by Tenant in connection with such assignment or subletting, for brokerage commissions, reasonable attorneys’ fees, improvements to the Premises and advertising expenses effect shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) 10.2.2. Tenant shall be responsible for all reasonable costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Thousand Five Hundred Dollars ($1,500.00)sublease. (3) Neither the 10.2.3. The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days written notice of, or from obtaining the consent of Landlord to, to any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of the Tenant from any covenant or obligation of Tenant under this Leaselease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, and (ii) all reasonable costs and expenses actually incurred by Tenant in connection with such assignment or subletting, for brokerage commissions, reasonable attorneys’ fees, improvements to the Premises and advertising expenses effect shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ ' fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Two Thousand Five Hundred Dollars ($1,500.002,500.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty fifteen (3015) business days notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any such sums that are paid by such third party for the right to occupy the Premises, Premises in excess of the sum of (i) the Rent rent then in effect, and effect plus (ii) all reasonable costs and expenses actually incurred by Tenant in connection with such sublease or assignment or subletting, for brokerage commissions, reasonable advertising fees, attorneys’ feesfees and tenant improvements, improvements to the Premises and advertising expenses shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Thousand Five Hundred Dollars ($1,500.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days notice of, or from obtaining the consent of Landlord to, to any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, and (ii) all reasonable costs and out-of-pocket expenses actually incurred by Tenant for brokerage commissions, attorneys’ fees, advertising and marketing expenses and improvement allowances in connection with such assignment subletting or sublettingassignment, for brokerage commissions, reasonable attorneys’ fees, improvements to the Premises and advertising expenses shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ ' fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Two Thousand Five Hundred Dollars ($1,500.002,500.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, effect and (ii) all reasonable costs and expenses actually incurred by Tenant for brokerage commissions, attorneys' fees, advertising expenses and improvement allowances in connection with such subletting or assignment or subletting, for brokerage commissions, reasonable attorneys’ fees, improvements to the Premises and advertising expenses shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ ' fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Thousand Five Hundred Dollars ($1,500.001,000.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, xxxxxxxing shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, and plus (ii) all reasonable costs and expenses actually incurred by Tenant in connection with such sublease or assignment or subletting, for brokerage commissions, reasonable attorneys’ advertising fees, improvements attorneys' fees and tenant improvements, plus (iii) the unamortized costs of any Alterations to the Premises and advertising expenses paid for solely by Tenant from its own source of funds from time to time (the cost of which shall be allocated pro rata to the portion of the Premises which is the subject of the sublease or assignment) shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ ' fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Two Thousand Five Hundred Dollars ($1,500.002,500.00). (3) Neither the The consent by Landlord to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days days' notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.

Expenses and Profits; Effect of Consent. (1) In the event Landlord permits Tenant to assign or sublet all or a portion of the Premises to a third party, other than Tenant’s Affiliate, fifty percent (50%) of any sums that are paid by such third party for the right to occupy the Premises, in excess of the sum of (i) the Rent then in effect, and effect plus (ii) all reasonable costs and expenses actually incurred by Tenant in connection with such sublease or assignment or subletting, for brokerage commissions, reasonable attorneys’ advertising fees, improvements to attorneys' fees and tenant improvements, and the then unamortized costs of any initial Additional Tenant Work and of Tenant's initial buildout of the Premises and advertising expenses shall be paid by Tenant to Landlord on a monthly basis as Additional Rent. This Section 23.D.(1) shall not apply to Customer Agreements. (2) Tenant shall be responsible for all costs and expenses, including reasonable attorneys’ ' fees, incurred by Landlord in connection with any proposed or purported assignment or sublease and an administrative fee of One Two Thousand Five Hundred Dollars ($1,500.002,500.00). (3) Neither the The consent by Landlord Xxxxxxxx to any assignment or subletting, nor any assignment or sublease entered into without Landlord’s consent, subletting shall neither be construed as either a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, nor as relieving Tenant from giving Landlord the aforesaid thirty (30) days notice of, or from obtaining the consent of Landlord to, any further assignment or subletting. The collection or acceptance of Rent from any such assignee or subtenant shall not constitute a waiver or release of Tenant from any covenant or obligation of Tenant under this Lease, except as expressly agreed by Landlord in writing.