Payments to Landlord. 16.5.1 If Landlord shall not exercise any of its options under Section 16.2 and shall give its consent to any sublease of the Premises, Tenant shall, in consideration therefor, pay to Landlord, as Additional Rent, fifty (50%) percent of the amount by which any and all rents, additional charges or other consideration payable to Tenant by the subtenant under the sublease or any other agreement entered into in connection therewith exceeds the Base Rent and Additional Rent payable under this Lease (prorated with respect to the Space as appropriate) accruing during the term of the sublease (including all sums paid for the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of the sale of any of Tenant’s furniture, fixtures or equipment, the then net unamortized or undepreciated cost of any such fixtures, equipment, furniture, furnishings or other personal property which were provided and installed in the subleased premises at the sole cost and expense of Tenant and for which Landlord has not given an allowance or other credit, determined on the basis of Tenant’s federal income tax returns), but after deducting from such rents, additional charges or other consideration any Sublease Transaction Costs (hereafter defined) actually incurred by Tenant. The sums payable under this Section 16.5.1 shall be payable to Landlord as and when the same shall be paid by the subtenant to Tenant. As used in this Section, “Sublease Transaction Costs” shall mean all commercially reasonable costs and expenses incurred by Tenant in connection with the sublease, including, without limitation any of the following sums actually incurred by Tenant to consummate such sublease: (i) up to one and one half brokerage commissions at customary rates, (ii) reasonable attorneys’ fees and disbursements and (iii) any reasonable costs incurred by Tenant to prepare the subleased premises for the subtenant’s occupancy thereof. Notwithstanding the foregoing, the sale of any movable personal property (other than furniture) up to its depreciated value may be excluded from the computation of profits.
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Payments to Landlord. 16.5.1 If Landlord shall not exercise any of its options under Section 16.2 and shall give its consent to any sublease of the Premises, Tenant shall, in consideration therefor, pay to Landlord, as Additional Rent, fifty (50%) percent of the amount by which any and all rents, additional charges or other consideration payable to Tenant by the subtenant under the sublease or any other agreement entered into in connection therewith exceeds the Base Rent and Additional Rent payable under this Lease (prorated with respect to the Space as appropriate) accruing during the term of the sublease (including all sums paid for the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of the sale of any of Tenant’s furniture, fixtures or equipment, the then net unamortized or undepreciated cost of any such fixtures, equipment, furniture, furnishings or other personal property which were provided and installed in the subleased premises at the sole cost and expense of Tenant and for which Landlord has not given an allowance or other credit, determined on the basis of Tenant’s federal income tax returns)sublease, but after deducting from such rents, additional charges or other consideration any Sublease Transaction Costs (hereafter defined) actually incurred by Tenant. The sums payable under this Section 16.5.1 shall be payable to Landlord as and when the same shall be paid by the subtenant to Tenant. As used in this Section, “Sublease Transaction Costs” shall mean all commercially reasonable costs and expenses incurred by Tenant in connection with the sublease, including, without limitation any of the following sums actually incurred by Tenant to consummate such sublease: (i) up to one and one half brokerage commissions at a customary ratesrate, (ii) reasonable attorneys’ fees and disbursements and (iii) any reasonable costs incurred by Tenant to prepare the subleased premises for the subtenant’s occupancy thereof. Notwithstanding the foregoing.
16.5.2 If Landlord shall not exercise any of its options under Section 16.2 above and shall give its consent to any assignment of Tenant’s interest in this Lease, the sale Tenant shall, in consideration of such assignment, pay to Landlord, as Rent, fifty (50%) percent of any movable personal property and all sums and other consideration payable to Tenant by the assignee for or by reason of such assignment, but after deducting from such sums or other consideration any Assignment Transaction Costs (other than furniturehereafter defined) actually incurred by Tenant. The sums payable under this Section 16.5.2 shall be payable to Landlord as and when the same shall be paid by the assignee to Tenant. As used in this Section, “Assignment Transaction Costs” shall mean any of the following sums actually incurred by Tenant to consummate such assignment: (i) up to its depreciated value may be excluded from one and one half brokerage commissions at a customary rate, (ii) reasonable attorneys’ fees and disbursements, and (iii) any reasonable construction costs incurred by Tenant to prepare the computation of profitsPremises for the assignee.
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Samples: Office Lease (GrubHub Inc.)
Payments to Landlord. 16.5.1 If Landlord shall not exercise any of its options under Section 16.2 and shall give its consent to any sublease of all or part of the Premises, Tenant shall, in consideration therefor, pay to Landlord, as Additional Rent, fifty (50%) percent of the amount by which any and all rents, additional charges or other consideration payable to Tenant by the subtenant under the sublease or any other agreement entered into in connection therewith exceeds the Base Rent and Additional Rent payable under this Lease (prorated with respect allocable to the Space as appropriate) subleased space accruing during the term of the sublease (including all sums paid for the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of the sale of any of Tenant’s furniture, fixtures or equipment, the then net unamortized or undepreciated cost of any such fixtures, equipment, furniture, furnishings or other personal property which were provided and installed in the subleased premises at the sole cost and expense of Tenant and for which Landlord has not given an allowance or other credit, determined on the basis of Tenant’s federal income tax returns), but after deducting (or excluding, as appropriate) from such rents, additional charges or other consideration any Sublease Transaction Costs (hereafter defined) actually incurred by Tenant. The sums payable under this Section 16.5.1 shall be payable to Landlord as and when the same shall be paid by the subtenant to Tenant. As used in this Section, “Sublease Transaction Costs” shall mean all commercially reasonable costs and expenses incurred by Tenant in connection with the sublease, including, without limitation any of the following sums actually incurred by Tenant to consummate such sublease: (i) up to one and one one-half brokerage commissions at customary ratesrates and any reasonable advertising costs, (ii) reasonable attorneys’ and/or architect’s fees and disbursements and disbursements, (iii) any reasonable costs incurred by Tenant to separately demise the subleased premises, (iv) any reasonable construction costs incurred by Tenant to prepare the subleased premises for the subtenant’s occupancy thereof. Notwithstanding thereof and/or tenant improvement allowance paid to the foregoing, subtenant and (v) any rent concession granted to the sale of any movable personal property (other than furniture) up to its depreciated value may be excluded from the computation of profitssubtenant.
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Payments to Landlord. 16.5.1 If Landlord shall not exercise Tenant enters into any of its options under assignment or sublease (other than an assignment or sublease pursuant to Section 16.2 and shall give its consent to any sublease of the Premises13.3(a)), Tenant shall, within 60 days after Landlord’s consent to such assignment or sublease (or, if such assignment or sublease is permitted hereunder without Landlord’s prior consent, within 60 days after the effective date of such assignment or sublease), deliver to Landlord a list of Tenant’s reasonable third-party brokerage fees, legal fees and architectural fees paid or to be paid in connection with such transaction, the cost of Alterations paid for by Tenant to effect such Transfer, and, in the case of any sublease, any actual costs incurred by Tenant in separately demising the sublet space (collectively, “Transaction Costs”), together with a list of all of Tenant’s Property to be transferred to such Transferee. In consideration thereforof such assignment or subletting, Tenant shall pay to Landlord:
(a) In the case of an assignment, as Additional Rent, fifty (50%) percent on the effective date of the amount by which any assignment, 50% of all sums and all rents, additional charges or other consideration payable paid to Tenant by the subtenant under the sublease assignee for or by reason of such assignment (including key money, bonus money and any other agreement entered into in connection therewith exceeds the Base Rent and Additional Rent payable under this Lease (prorated with respect sums paid for services rendered by Tenant to the Space as appropriate) accruing during the term assignee in excess of the sublease (including all fair market value for such services and sums paid for the sale or rental of Tenant’s fixturesProperty, leasehold improvements, equipment, furniture, furnishings less the then fair market or other personal property, less, in rental value thereof) after first deducting the Transaction Costs; or
(b) In the case of a sublease, 50% of any consideration payable under the sublease to Tenant by the sublessee which exceeds on a per square foot basis the Base Rent, Tenant’s Share of Expenses and Tenant’s Share of Taxes accruing during the term of the sublease in respect of the sublet space (together with any sums paid for services rendered by Tenant to the sublessee in excess of fair market value for such services and sums paid for the sale of any or rental of Tenant’s furnitureProperty, fixtures or equipment, less the then net unamortized fair market or undepreciated cost of any such fixtures, equipment, furniture, furnishings or other personal property which were provided and installed in rental value thereof) after first deducting the subleased premises at the sole cost and expense of Tenant and for which Landlord has not given an allowance or other credit, determined on the basis of Tenant’s federal income tax returns), but after deducting from such rents, additional charges or other consideration any Sublease Transaction Costs (hereafter defined) actually incurred by TenantCosts. The sums payable under this Section 16.5.1 clause shall be payable paid by Tenant to Landlord monthly as and when the same shall be paid by the subtenant to Tenant. As used in this SectionLandlord and Landlord’s authorized representatives shall have the right at all reasonable times to audit the books, “Sublease Transaction Costs” shall mean all commercially reasonable costs records and expenses incurred by papers of Tenant in connection with the sublease, including, without limitation relating to any of the following sums actually incurred by Tenant to consummate such sublease: (i) up to one and one half brokerage commissions at customary rates, (ii) reasonable attorneys’ fees and disbursements and (iii) any reasonable costs incurred by Tenant to prepare the subleased premises for the subtenant’s occupancy thereof. Notwithstanding the foregoing, the sale of any movable personal property Transfer (other than furniture) up a Transfer pursuant to its depreciated value may be excluded from Section 13.3(a)), and shall have the computation of profitsright to make copies thereof.
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Samples: Office Lease (Cme Group Inc.)
Payments to Landlord. 16.5.1 If Landlord shall not exercise any of its options under Section 16.2 and shall give its consent to any sublease of all or part of the Premises, Tenant shall, in consideration therefor, pay to Landlord, as Additional Rent, fifty (50%) percent of the amount by which any and all rents, additional charges or other consideration payable to Tenant by the subtenant under the sublease or any other agreement entered into in connection therewith exceeds the Base Rent and Additional Rent payable under this Lease (prorated with respect to the Space as appropriate) accruing during the term of the sublease allocable to the subleased space (including all sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of the sale of any of Tenant’s 's furniture, fixtures or equipment, the then net unamortized or undepreciated cost of any such fixtures, equipment, furniture, furnishings or other personal property which were provided and installed in the subleased premises at the sole cost and expense of Tenant and for which Landlord has not given an allowance or other credit, determined on the basis of Tenant’s 's federal income tax returns), but after deducting from such rents, additional charges or other consideration any Sublease Transaction Costs (hereafter defined) actually incurred by Tenant. The sums payable under this Section 16.5.1 shall be payable to Landlord as and when the same shall be paid by the subtenant to Tenant. As used in this Section, “"Sublease Transaction Costs” " shall mean all commercially reasonable costs and expenses incurred by Tenant in connection with the sublease, including, without limitation any of the following sums actually incurred by Tenant to consummate such sublease: (i) up to one and one one-half brokerage commissions at customary rates, (ii) reasonable attorneys’ ' fees and disbursements and disbursements, (iii) any reasonable costs incurred by Tenant to prepare separately demise the subleased premises for the subtenant’s occupancy thereof. Notwithstanding the foregoing, the sale of any movable personal property (other than furniture) up to its depreciated value may be excluded from the computation of profits.and
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