Common use of Payment of Excess Rent and Other Consideration Clause in Contracts

Payment of Excess Rent and Other Consideration. (a) Tenant shall pay to Landlord, within five (5) days after Tenant’s receipt thereof, fifty percent (50%) of any and all rent, sums or other consideration, howsoever denominated (but excluding consideration paid for Tenant’s trade fixtures, furnishings and equipment, and goodwill to the extent of the fair market value thereof), realized by Tenant in connection with any assignment or sublease in excess of the Base Rent and Escalation Rent payable hereunder (if a sublease, prorated to reflect the Rent allocable to the subleased portion of the Premises), after first deducting, (i) in the case of an assignment, the unamortized reasonable cost of Alterations made to the Premises at Tenant’s cost to effect the assignment, reasonable real estate commissions and reasonable attorneys’ fees paid by Tenant in connection with such assignment, and (ii) in the case of a sublease, the reasonable cost of Alterations made to the Premises at Tenant’s cost to effect the sublease, reasonable real estate commissions and reasonable attorneys’ fees paid by Tenant in connection with such sublease, both amortized, without interest, over the term of the sublease (the “Excess Rent”). In determining Excess Rent, the deduction for real estate commissions shall not exceed leasing commissions that are typically paid in the San Francisco market at the time of the subletting or assignment.

Payment of Excess Rent and Other Consideration. (a) Tenant shall pay to Landlord, within five (5) business days after Tenant’s 's receipt thereof, fifty percent (50%) of any and all rent, sums or other consideration, howsoever denominated (but excluding consideration paid for Tenant’s 's trade fixtures, furnishings furnishings, furniture, and equipment, and goodwill to the extent of the fair market value thereof), realized by Tenant in connection with any assignment or sublease in excess of the Base Rent and Escalation Rent payable hereunder (if a sublease, prorated to reflect the Rent allocable to the subleased portion of the Premises), after first deducting, (i) in the case of an assignment, any tenant improvement allowance paid by Tenant to the assignee and/or the unamortized reasonable cost of Alterations made to the Premises at Tenant’s 's cost to effect the assignment, and reasonable attorneys' fees, marketing costs, and real estate commissions and reasonable attorneys’ fees paid by Tenant in connection with such assignment, and (ii) in the case of a sublease, any tenant improvement allowance paid by Tenant to the subtenant and/or the reasonable cost of Alterations made to the Premises at Tenant’s 's cost to effect the sublease, and reasonable attorneys' fees, marketing costs, and real estate commissions and reasonable attorneys’ fees paid by Tenant in connection with such sublease, both all of such items in this clause (ii) amortized, without interestwith interest at the Interest Rate, over the term of the sublease (the “"Excess Rent”"). In determining Excess Rent, the deduction for real estate commissions shall not exceed leasing commissions that are typically paid in the San Francisco market at the time of the subletting or assignment.

Payment of Excess Rent and Other Consideration. (a) Tenant shall pay to Landlord, within five ten (510) days after Tenant’s receipt thereof, fifty percent (50%) of any and all rent, sums or other consideration, howsoever denominated (but excluding consideration paid for Tenant’s trade fixtures, furnishings and equipment, and goodwill to the extent of the fair market value thereof), realized by Tenant in connection with any assignment or sublease in excess of the Base Rent and Escalation Rent payable hereunder (if a sublease, prorated to reflect the Rent allocable to the subleased portion of the Premises), after first deducting, (i) in the case of an assignment, the unamortized reasonable cost of Alterations made to the Premises at Tenant’s cost to effect affect the assignmentassignment (or any reasonable improvement allowance provided in lieu thereof), reasonable attorneys’ fees and reasonable real estate commissions and reasonable attorneys’ fees paid by Tenant in connection with such assignment, and (ii) in the case of a sublease, the reasonable cost of Alterations made to the Premises at Tenant’s cost to effect (or any reasonable improvement allowance provided in lieu thereof)to affect the sublease, reasonable attorneys’ fees and reasonable real estate commissions and reasonable attorneys’ fees paid by Tenant in connection with such sublease, both amortized, without interest, over the term of the sublease (the “Excess Rent”). In determining Excess Rent, the deduction for real estate commissions shall not exceed leasing commissions that are typically paid in the San Francisco market at the time of the subletting or assignment.