Common use of Profits from Assignment or Subletting Clause in Contracts

Profits from Assignment or Subletting. 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: (i) in the case of an assignment, an amount equal to fifty (50%) percent 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 reasonable brokerage commissions, attorneys’ fees and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, in connection with such assignment; and (ii) in the case of a sublease, fifty (50%) percent of any rents, additional charges or other consideration paid under the sublease to Tenant by the subtenant which is in excess of the Rent and 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 terms hereof (including, but not limited to, 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 reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent and the reasonable cost of demising the premises so sublet in connection with such sublease. (iii) The sums payable under this Subsection shall be paid to Landlord as and when paid by the subtenant to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)

AutoNDA by SimpleDocs

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty percent (50%) percent 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 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees and tenant improvements, advertising costs, commercially reasonable tenant concessions and reasonable, market work allowances, free rent and other reasonable, market inducements, legal fees in connection with such assignmentassignment , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall reasonably require); and (ii) in the case of a sublease, fifty percent (50%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ feestenant improvements, advertising costs, commercially reasonable tenant concessions and market work allowances and free rent legal fees and the reasonable cost of demising the premises so sublet in connection with such sublease. sublease , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall reasonably require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Predictive Systems Inc), Lease Agreement (Predictive Systems Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty one hundred (50100%) percent 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 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees advertising costs and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, leasing costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require); and (ii) in the case of a sublease, fifty (50%) percent of any all rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent leasing costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty seventy-five percent (5075%) percent 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 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require); and (ii) in the case of a sublease, fifty seventy-five percent (5075%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in In the case of an assignment, an amount equal to fifty seventy-five (5075%) percent 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 '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, as reasonably determined by Landlord) less all customary expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees legal expenses, tenant improvement allowances, rent credits and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall reasonably require); and (ii) in In the case of a sublease, fifty sublease seventy-five (5075%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereof, as reasonably determined by Landlord), less all customary expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ feeslegal expenses, tenant improvement allowances, rent credits, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. (iii) , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses or other proof of payment as Landlord shall reasonably require). The sums payable paid under this Subsection subsection J (ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Sublease Agreement (Marvel Enterprises Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty (50%) percent 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 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment; and (ii) in the case of a sublease, fifty (50%) percent of any rents, additional charges or other consideration paid payable under the sublease to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. (iii) . The sums payable under this Subsection shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty seventy-five percent (5075%) percent 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 thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant’s federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require); and (ii) in the case of a sublease, fifty seventy-five percent (5075%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, 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 thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant’s federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Intralinks Inc)

Profits from Assignment or Subletting. If (i) Except for transfers permitted by Subsections K and L of this Article 12, 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: (ia) in the case of an assignment, an amount equal to fifty (50%) percent of all sums and other considerations paid consideration payable to Tenant by the assignee for for, or by reason of of, such assignment (assignment, including, but not limited towithout limitation, all sums paid payable for the sale of Tenant’s 's fixtures, leasehold improvements, equipment, furniture, furnishings furnishings, or other personal property, less, in the case of a sale thereofproperty (collectively, the then fair market value thereof) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions“Tenant’s Property”), attorneys’ fees and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, in connection with such assignmentafter deducting therefrom the “Tenant’s Costs” (as hereinafter defined); and (iib) in the case of a sublease, fifty (50%) percent of any rents, additional charges charges, or other consideration paid payable under the sublease to Tenant by the subtenant which is to Tenant that are in excess of the Rent and 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 terms hereof (hereof, including, but not limited towithout limitation, all sums paid for the sale or rental of Tenant's Property after deducting therefrom the Tenant’s fixturesCosts. (ii) For purposes hereof, leasehold improvementsthe term “Tenant’s Costs” shall mean: (a) the amount of any customary and reasonable brokerage fees or commissions actually paid to a broker as a result of any assignment or subletting by Tenant hereunder, equipmentadvertising costs and reasonable counsel fees and disbursements incurred with respect to such assignment or subletting; and (b) the actual out of pocket cost to Tenant of any additional improvements made to prepare the space in question for the occupancy of the subtenant or the assignee thereof, furniture or other personal property, less, and in the case of the sale thereofa subletting, the then fair market value thereof), less all expenses reasonably and actually incurred any rent abatement and/or concession or work allowance granted by Tenant on account to such abatement in lieu of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent and the reasonable cost or in addition to Xxxxxx’s performance of demising the premises so sublet in connection with any such sublease. (iii) The sums payable under this Subsection improvements. Tenant shall be paid submit to Landlord receipts evidencing the payment of such Tenant Costs, or other proof of payment as and when paid by the subtenant to TenantLandlord shall require.

Appears in 1 contract

Samples: Lease Agreement (COMPASS Pathways PLC)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty one-half (50%1/2) percent 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, of the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant’s federal income tax returns) less of all expenses reasonably and actually incurred by Tenant on account of reasonable with respect to such assignment, including, without limitation, rent allowances, construction costs, legal fees (up to $7,500), brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall reasonably require). The sums payable by under this subsection J(i) of this Article 12 shall be paid to Landlord as and when payable by the assignee to the Tenant; and (ii) in the case of a sublease, fifty one-half (50%1/2) percent of any rents, additional charges or other consideration paid payable under the sublease to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, 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 thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant’s federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable with respect to said sublease including, without limitation, rent allowance, construction costs, legal fees (up to $7,500), brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall reasonably require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Yodle Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty (50%) percent 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 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require); and (ii) in the case of a sublease, fifty (50%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J (ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Thrupoint Inc)

Profits from Assignment or Subletting. 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: (i) in the case of an assignment, an amount equal to fifty (50%) percent 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 reasonable brokerage commissions, attorneys’ legal fees and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, marketing costs in connection with such assignment; and (ii) in the case of a sublease, fifty (50%) percent of any rents, additional charges or other consideration paid payable under the sublease to Tenant by the subtenant which is in excess of the Rent and Additional Rent (including, without limitation, the Electricity Factor) 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 terms hereof (including, but not limited to, 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 reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent marketing costs and the reasonable cost of demising the premises so sublet in connection with such sublease (including, without limitation, any costs reasonably incurred by Tenant in making changes to the layout and finish of the sublet space for the subtenant, and reasonable legal fees paid by Tenant in connection with the sublease). (iii) The sums payable under this Subsection shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Relmada Therapeutics, Inc.)

AutoNDA by SimpleDocs

Profits from Assignment or Subletting. If (i) Except for transfers permitted by Subsections K and L of this Article 12, 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: (ia) in the case of an assignment, an amount equal to fifty (50%) percent of all sums and other considerations paid consideration payable to Tenant by the assignee for for, or by reason of of, such assignment (assignment, including, but not limited towithout limitation, all sums paid payable for the sale of Tenant’s 's fixtures, leasehold improvements, equipment, furniture, furnishings furnishings, or other personal property, less, in the case of a sale thereofproperty (collectively, the then fair market value thereof) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions“Tenant’s Property”), attorneys’ fees and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, in connection with such assignmentafter deducting therefrom the “Tenant’s Costs” (as hereinafter defined); and (iib) in the case of a sublease, fifty (50%) percent of any rents, additional charges charges, or other consideration paid payable under the sublease to Tenant by the subtenant which is to Tenant that are in excess of the Rent and 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 terms hereof (hereof, including, but not limited towithout limitation, all sums paid for the sale or rental of Tenant's Property after deducting therefrom the Tenant’s fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereofCosts. (ii) For purposes hereof, the then fair market value thereof)term “Tenant’s Costs” shall mean reasonable expenses incurred in connection with any assignment or subletting that shall include, less all expenses reasonably and actually incurred by Tenant on account of reasonable but not be limited to, brokerage commissionsfees, attorneys’ feesfees and disbursements, advertising costs, reasonable and market work allowances and concessions to the assignee or sublessee, including, without limitation, free rent or work contributions to the assignee or subtenant, and the reasonable cost of demising the premises so sublet costs incurred in connection with such sublease. (iii) The sums payable under this Subsection alterations, decorations and installations made by Tenant pursuant to its subject assignment or sublease to prepare the Premises for occupancy by the assignee or sublessee. Tenant shall be paid submit to Landlord receipts evidencing the payment of such Tenant Costs, or other proof of payment as and when paid by the subtenant to TenantLandlord shall reasonably require.

Appears in 1 contract

Samples: Lease Agreement (Snap Interactive, Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty one-half (50%1/2) percent 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, one-half (1/2) of the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant’s federal income tax returns) less one-half (1/2) of all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignmentassignment , 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 by under this subsection J(i) of this Article 12 shall be paid to Landlord as and when payable by the assignee to the Tenant; and (ii) in the case of a sublease, fifty one-half (50%1/2) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, 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 one-half (1/2) of then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant’s federal income tax returns), less one-half (1/2) of all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Harris & Harris Group Inc /Ny/)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty one-half (50%½) percent 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 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, one-half (½) of the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less one-half (½) of all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignmentassignment , 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 by under this subsection J(i) of this Article 12 shall be paid to Landlord as and when payable by the assignee to the Tenant; and (ii) in the case of a sublease, fifty one-half (50%½) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the one-half (½) of then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less one-half (½) of all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Harris & Harris Group Inc /Ny/)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in In the case of an assignment, fifty percent (50%) of an amount equal to fifty (50%) percent 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 '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 reasonable brokerage commissions, attorneys’ fees commissions and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require); and (ii) in In the case of a sublease, fifty percent (50%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s '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 reasonable brokerage commissions, attorneys’ fees, advertising costs, reasonable and market work allowances and free rent costs and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J (ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Thrupoint Inc)

Profits from Assignment or Subletting. 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 hereunderhereunder (other than an assignment or sublease pursuant to subsection K or L herein), Tenant shall in consideration therefor, pay to Landlord, as Additional Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty (50%) percent of all sums and other considerations paid to Tenant by the assignee for or by reason of such assignment (includingexcluding, but not limited to, fair market sums paid for the sale of Tenant’s 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees reasonable legal fees, reasonable market-rate build-out costs for similar assignments and sublettings and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall require); and (ii) in the case of a sublease, fifty (50%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (includingexcluding, but not limited to, fair market sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ reasonable legal fees, advertising costs, reasonable market-rate build-out costs for similar assignments and market work allowances and free rent sublettings and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Viatel Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty (50%) percent 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 '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, as reasonably evidenced to Landlord) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees and legal, advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, reasonable and customary costs in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall reasonably require, which costs shall be first deducted from any sums paid to Tenant by the assignee before the share of any profits with Landlord pursuant to this subsection J); and (ii) in the case of a sublease, fifty (50%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per rentable square foot basis to Tenant by the subtenant which is in excess of the Base Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereof, as reasonably evidenced to Landlord), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ feeslegal, advertising costs, and other reasonable and market work allowances and free rent customary costs and the reasonable cost of demising the premises so sublet in connection with such sublease. sublease , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall reasonably require, which costs shall be first deducted from any sums paid to Tenant by the subtenant before the sharing of any profits with Landlord pursuant to this subsection J). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Lazare Kaplan International Inc)

Profits from Assignment or Subletting. 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 Rentadditional rent: (i) in the case of an assignment, an amount equal to fifty sixty (5060%) percent 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 's fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ fees legal fees, marketing and advertising costs, and reasonable, market work allowances, free rent and other reasonable, market inducements, costs or reasonable alteration expenses incurred in connection with such assignment, provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (or other proof of payment as Landlord shall reasonably require); and (ii) in the case of a sublease, fifty sixty (5060%) percent of any rents, additional charges or other consideration paid payable under the sublease on a per square foot basis to Tenant by the subtenant which is in excess of the Rent and Additional Rent 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 terms hereof (including, but not limited to, sums paid for the sale or rental of Tenant’s 's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then fair market value thereofnet unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, attorneys’ legal fees, marketing and advertising costs, costs or reasonable and market work allowances and free rent alteration expenses incurred; and the reasonable cost of demising the premises so sublet in connection with such sublease. , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses (iii) or other proof of payment as Landlord shall require). The sums payable under this Subsection subsection J(ii) of this Article 12 shall be paid to Landlord as and when paid payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Women Com Networks Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!