Common use of Landlord's Alternatives Clause in Contracts

Landlord's Alternatives. At any time within ten (10) days after ----------------------- Landlord's receipt of the information specified in Paragraph 25.C., Landlord --------------- may, by written notice to Tenant, elect: (i) to consent to the Sublet by Tenant; or (ii) to refuse its consent to the Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subject, however, at Landlord's election, to the condition that the following percentages of any excess of the Subrent (the "Excess Subrent") over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less reasonable attorneys' fees, leasing commissions, improvement costs required for such Sublet (which shall not include the cost of any trade fixtures, equipment or personal property) and other reasonable subletting costs paid by Tenant on the Sublet, shall be paid to Landlord. Tenant shall pay the following percentages of Excess Subrent to Landlord in the following circumstances: (i) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.

Landlord's Alternatives. At any time within ten (10) days after ----------------------- Landlord's receipt of the information specified in Paragraph 25.C., Landlord --------------- may, by written notice to Tenant, elect: (i) to consent to the Sublet by Tenant; or (ii) to refuse its consent to the Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subject, however, at Landlord's election, to the condition that the following percentages of any excess of the Subrent (the "Excess Subrent") over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less reasonable attorneys' fees, leasing commissions, improvement costs required for such Sublet (which shall not include the cost of any trade fixtures, equipment or personal property) and other reasonable subletting costs paid by Tenant on the Sublet, shall be paid to Landlord. Tenant shall pay the following percentages of Excess Subrent to Landlord in the following circumstances: (i) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.

Landlord's Alternatives. At any time within ten (10) days after ----------------------- Landlord's ’s receipt of the information specified in Paragraph PARAGRAPH 25.C., Landlord --------------- may, by written notice to Tenant, elect: (i) to consent to the Sublet by Tenant; or (ii) to refuse its consent to the Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subject, however, at Landlord's ’s election, to the condition that the following percentages fifty percent (50%) of any excess of the Subrent (the "“Excess Subrent"”) over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less (v) reasonable attorneys' ’ fees, (w) leasing commissions, improvement costs required for such Sublet commissions (which shall not include the cost of any trade fixtures, equipment or personal property), (x) that portion of the unamortized Tenant Improvement Costs (as defined in EXHIBIT B) for the initial Tenant Improvements allocable to the portion of the Premises being Sublet (for the purposes of this clause (x), the Tenant Improvement Costs shall be amortized over a period of ten (10) years, at a per annum interest rate equal to the reference rate, or succeeding similar index, announced from time to time by the Bank of America’s main San Francisco office, plus one percent (1%),(y) the cost of any tenant improvements (other than the initial Tenant Improvements) paid for by Tenant and installed in the portion of the Premises being Sublet for the specific purpose of carrying out such Sublet, and (z) other reasonable subletting costs paid by Tenant on the Sublet, shall be paid to Landlord. Tenant shall pay the following percentages of Excess Subrent to Landlord in the following circumstances: (i) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.

Landlord's Alternatives. At any time within ten Within twenty (1020) days after ----------------------- Landlord's receipt of the information specified in Paragraph 25.C.25.B., Landlord --------------- mayshall, by written notice to Tenant, elect: (i) to consent to the Sublet by Tenant; or (ii) to refuse its consent to the Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to LandlordLandlord pursuant to Paragraph 25.B., subject, however, at Landlord's election, to the condition that the following percentages one-half ( 1/2) of any excess of the Subrent (over the "Excess Subrent") over sum of the Rent required to be paid -------------- by Tenant under this Lease (orLease, if only a portion of the Premises is Subletplus reasonable and customary brokerage commissions, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less reasonable attorneys' fees, leasing commissions, fees and tenant improvement costs required for such Sublet (which shall not include the cost of any trade fixtures, equipment or personal property) and other reasonable subletting costs paid by Tenant on in connection with such Sublet and, in the Subletevent of a Sublet made during the initial Term, the then unamortized portion of the cost of the Tenant Improvements in excess of $10.00 per square foot, shall be paid to Landlord. If Landlord fails to notify Tenant of its consent or refusal to grant consent to the proposed Sublet within such 20-day period, Tenant may again request approval of such Sublet in writing. If Landlord fails to notify Tenant of Landlord's consent or refusal to grant consent to such Sublet within ten (10) days after Landlord's receipt of Tenant's second notice, then Landlord shall pay be deemed to have approved the following percentages of Excess Subrent proposed Sublet as described in the information provided to Landlord in the following circumstances: (i) pursuant to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.Paragraph 25.B.

Landlord's Alternatives. At any time within ten (10) days after ----------------------- Landlord's ’s receipt of the information specified in Paragraph 25.C.25.D., Landlord --------------- may, by written notice to Tenant, elect: (i) to consent to the Sublet by Tenant; or (ii) to refuse withhold its consent to the SubletSublease provided that such consent is not unreasonably withheld. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subject, however, at Landlord's ’s election, ; to the condition that the following percentages fifty percent (50%) of any excess of the Subrent (the "Excess Subrent") over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less reasonable attorneys' ’ fees, leasing commissions, improvement costs required for such Sublet (which shall not include the cost of any trade fixtures, equipment or personal property) and other reasonable subletting costs (but only including the cost of any interior improvements up to a maximum of $30,000) paid by Tenant on the Sublet, shall be paid to Landlord. All interior improvements made in connection with the Sublet shall be considered Alterations and shall be subject to the Landlord consent provisions of Section 13, without regard to the cost of such Alteration. Tenant shall pay be permitted to deduct the following percentages amount of Excess Subrent such Alterations in connection with the Sublet from the amounts due Landlord pursuant to this Paragraph 25D only after providing Landlord in the following circumstances: (i) to the extent the Excess Subrent (with paid invoices for the entire term costs of such Alterations in connection with the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.

Landlord's Alternatives. At any time within rime Within ten (10) days after ----------------------- Landlord's receipt of the information specified in Paragraph PARAGRAPH 25.C., Landlord --------------- may, by written notice to Tenant, elect: . (i) to consent to the Sublet by Tenant; or (ii) to refuse its consent to the Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subject, however, at Landlord's election, to the condition that the following percentages fifty percent (50%) of any excess of the Subrent (the "Excess Subrent") over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less (v) reasonable attorneys' fees, (w) leasing commissions, improvement costs required for such Sublet commissions (which shall not include the cost of any trade fixtures, equipment or personal property, (x) that portion of the unamortized Tenant Improvement Costs (as defined in EXHIBIT B) for the initial Tenant Improvements allocable to the portion of the Premises being Sublet (for the purposes of this clause (x), the Tenant Improvement Costs shall be amortized over a period of ten (10) years, at a per annum interest rate equal to the reference rate, or succeeding similar index, announced from time to time by the Bank of America's main San Francisco office, plus one percent (1%), (y) the cost of any tenant improvements (other than the initial Tenant Improvements) paid for by Tenant and installed in the portion of the Premises being Sublet for the specific purpose of carrying out such Sublet, and (z) other reasonable subletting costs paid by Tenant on the Sublet, shall be paid to Landlord. Tenant shall pay the following percentages of Excess Subrent to Landlord in the following circumstances: (i) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.

Landlord's Alternatives. At any time within ten (10) business days after ----------------------- Landlord's ’s receipt of all the information specified in Paragraph 25.C.27.B., Landlord --------------- may, by written notice to Tenant, elect: (i) to lease for its own account the Premises or the portion thereof so proposed to be Sublet by Tenant, upon the same terms as those offered to the proposed subtenant but on a form acceptable to Landlord; (ii) to terminate this Lease as it relates to the Premises or portion thereof so proposed to be Sublet by Tenant as of the later of (x) the proposed effective date of such Sublet or (y) thirty (30) days after the date Landlord is in receipt of the information specified in Paragraph 27.B.; (iii) to consent to the Sublet by Tenant; or (iiiv) if reasonable to do so, to refuse its consent to the Sublet. Landlord’s failure to deliver such notice of election within such ten (10)‑business day period shall be deemed Landlord’s consent to such Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subjectLandlord pursuant to Paragraph 27.B. provided, however, at Landlord's election, to the condition that the following percentages of any excess of the Subrent (the "Excess Subrent") over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less reasonable attorneys' fees, leasing commissions, improvement costs required for such Sublet (which shall not include the cost of any trade fixtures, equipment or personal property) and other reasonable subletting costs paid by Tenant on the Sublet, shall be paid to Landlord. Tenant shall pay the following percentages of Excess Subrent to Landlord in the following circumstances: (i) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of any excess of (I) the Excess monthly Subrent; , minus (iiiII) (A) the Monthly Rent required to be paid by Tenant hereunder, ༈B) the sum of the following costs (each solely to the extent that it is reasonable, documented and out‑of‑pocket and actually paid to a bona fide third party) that Tenant incurred in procuring such sublease, and each amortized over the Excess Subrent (for the entire term of the applicable Sublet) is not payable sublease on a monthly basis: (i) the cost of any tenant improvements that Tenant must make to the Sublet premises (as permitted under this Lease) under the applicable sublease, (ii) Tenant’s attorneys’ fees incurred in negotiating and documenting the applicable sublease, and (iii) Tenant’s brokerage commissions paid to a California licensed real estate broker in connection with the Sublet, and (C) any then unamortized value of any applicable Alterations constructed at Tenant’s cost, applied on an amortized basis over the remainder of the Term, in each case, shall be paid to Landlord as and when received by Tenant. As used immediately above, the term “applicable Alterations” means any permitted Alterations constructed at Tenant’s sole cost that are allocable to the space that is subject to the applicable Sublet, based upon rentable square footage or other equitable basis utilized by Landlord in Landlord’s reasonable discretion (for example, if the applicable Alteration served only the portion of the Premises not subject to the applicable Sublet, then Tenant shall pay Landlord might choose to Landlord fifty percent (50%) allocate the entire unamortized cost of such Alteration to the un‑Sublet portion of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess SubrentPremises).

Landlord's Alternatives. At any time within ten (10) days after ----------------------- Landlord's receipt of the information specified in Paragraph 25.C., Landlord --------------- may, by written notice to Tenant, elect: (i) to consent to the Sublet by Tenant; or (ii) to refuse its consent to the Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subject, however, at Landlord's election, to the condition that the following percentages of any excess of the Subrent (the "Excess Subrent") over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less reasonable attorneys' fees, leasing commissions, improvement costs required for such Sublet (which shall not include the cost of any trade fixtures, equipment or personal property) and other reasonable subletting costs paid by Tenant on the Sublet, shall be paid to Landlord. Tenant shall pay the following percentages of Excess Subrent to Landlord in the following circumstances: (i) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.

Landlord's Alternatives. At any time within ten xxx xxxx xxthin fifteen (1015) days after ----------------------- Landlord's receipt of the information specified inforxxxxxx xpecified in Paragraph 25.C.26.d., Landlord --------------- may, by written notice to Tenant, elect: (i) to lease for its own account the Premises or the portion thereof so proposed to be sublet by Tenant, upon the same terms as those offered to the proposed Subtenant but on a form reasonably acceptable to Landlord; (ii) to lease for its own account the Premises or the portion thereof so proposed to be Sublet by Tenant to any person upon any terms desired by Landlord; (iii) to consent to the Sublet by Tenant; or (iiiv) to refuse its consent to the Sublet. Consent to a Sublet shall not be unreasonably withheld or delayed by Landlord. If Landlord fails to elect any of the alternatives set forth in Paragraph 26.3.(i) through Paragraph 26.3.(iv) above within the fifteen (15) day period, it shall be deemed that Landlord has consented to the Sublet. If Landlord elects to proceed with either Paragraph 26.3.(i) or Paragraph 26.E. (ii), and to lease the Premises or portion thereof proposed to be Sublet by Tenant on its own account, Landlord and Tenant shall enter into a limited release and termination agreement whereby Tenant is relieved of any liability, including the payment of Rent, with respect to such released portion of the Premises during the term of the Sublet. Upon the expiration of the lease between Landlord and the new tenant for such released space, providing this Lease Term is still in effect, Landlord shall return possession of the released space to Tenant in substantially the same condition, normal wear and tear excepted, it was in when it was released and delivered to Landlord, and Tenant shall resume all its obligations under this Lease with respect to such space, including, without limitation, the payment of Rent attributable to such space. If Landlord proceeds with Paragraph 26.E. (iii) and consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to LandlordLandlord pursuant to Paragraph 26.0., subject, however, at Landlord's election, to the condition that the following percentages of fifty percent (50%) any excess of the Subrent over (the "Excess Subrent"i) over the Rent required to be paid -------------- by Tenant under this Lease hereunder, (or, if only a portion ii) the cost to Tenant of any brokers' commission for the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet(iii) less reasonable attorneys' fees, leasing commissions, improvement costs required for such Sublet (which shall not include the cost to Tenant of any trade fixtures, equipment or personal propertytenant improvements to induce the subtenant to enter the Sub let and (iv) and any other reasonable subletting direct costs paid by Tenant on of producing the Sublet, shall be paid to Landlord. Any such Subrent to be paid to Landlord pursuant hereto shall be payable to Landlord as and with the Monthly Rent payable to Landlord hereunder pursuant to Paragraph 5.A. Tenant shall pay the following percentages provide Landlord with copies of Excess Subrent paid invoices, certified by Tenant to Landlord in the following circumstances: (i) to the extent the Excess Subrent (be true and correct, for the entire term each of the applicable direct costs incurred by Tenant in procuring the Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.

Landlord's Alternatives. At any time within ten (10) days after ----------------------- Landlord's receipt of the information specified in Paragraph PARAGRAPH 25.C., Landlord --------------- may, by written notice to Tenant, elect: (i) to consent to the Sublet by Tenant; or (ii) to refuse its consent to the Sublet. If Landlord consents to the Sublet, Tenant may thereafter enter into a valid Sublet of the Premises or applicable portion thereof, upon the terms and conditions and with the proposed Subtenant set forth in the information furnished by Tenant to Landlord, subject, however, at Landlord's election, to the condition that the following percentages fifty percent (50%) of any excess of the Subrent (the "Excess Subrent") over the Rent required to be paid -------------- by Tenant under this Lease (or, if only a portion of the Premises is Sublet, the pro rata share of the Rent attributable to the portion of the Premises being Sublet) less (v) reasonable attorneys' fees, (w) leasing commissions, improvement costs required for such Sublet commissions (which shall not include the cost of any trade fixtures, equipment or personal property), (x) that portion of the unamortized Tenant Improvement Costs (as defined in EXHIBIT B) for the initial Tenant Improvements allocable to the portion of the Premises being Sublet (for the purposes of this clause (x), the Tenant Improvement Costs shall be amortized over a period of ten (10) years, at a per annum interest rate equal to the reference rate, or succeeding similar index, announced from time to time by the Bank of America's main San Francisco office, plus one percent (1%),(y) the cost of any tenant improvements (other than the initial Tenant Improvements) paid for by Tenant and installed in the portion of the Premises being Sublet for the specific purpose of carrying out such Sublet, and (z) other reasonable subletting costs paid by Tenant on the Sublet, shall be paid to Landlord. Tenant shall pay the following percentages of Excess Subrent to Landlord in the following circumstances: (i) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is less than or equal to $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord one-third (1/3) of the Excess Subrent; (ii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is payable on a monthly basis (as opposed to one or more lump sums) and to the extent the Excess Subrent is greater than $0.25/month/square foot of Rentable Area of the portion of the Premises being Sublet, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; (iii) to the extent the Excess Subrent (for the entire term of the applicable Sublet) is not payable on a monthly basis, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent; and (iv) to the extent the Excess Subrent is applicable to any period during an Extended Term, then Tenant shall pay to Landlord fifty percent (50%) of the Excess Subrent.