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 percent (50%) 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 net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees 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 percent (50%) of any rents, additional charges or other consideration 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 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 net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when payable by the subtenant to Tenant.

Appears in 2 contracts

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

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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 percent 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 fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions costs and legal fees leasing costs in connection with such assignment 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 percent (50%) of any all rents, additional charges or other consideration 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 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 net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees leasing costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when 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 rent: (i) in the case of an assignment, an amount equal to fifty seventy-five percent (5075%) 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 net 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 brokerage commissions, tenant improvements, commissions and advertising costs, commercially reasonable tenant concessions and legal fees costs in connection with such assignment 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 seventy-five percent (5075%) of any rents, additional charges or other consideration 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 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 net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when 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 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof) less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, tenant improvements, attorneys’ fees and advertising costs, commercially reasonable tenant concessions and legal fees reasonable, market work allowances, free rent and other reasonable, market inducements, 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)assignment; and (ii) in the case of a sublease, fifty percent (50%) percent of any rents, additional charges or other consideration payable paid 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof), less all expenses reasonably and actually incurred by Tenant on account of reasonable brokerage commissions, tenant improvementsattorneys’ fees, advertising costs, commercially reasonable tenant concessions and legal fees market work allowances and free rent 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 sublease. (or other proof of payment as Landlord shall reasonably require). iii) The sums payable under this subsection J(ii) of this Article 12 Subsection shall be paid to Landlord as and when payable paid by the subtenant to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, 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 percent one-half (50%1/2) 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 (1/2) of the then net unamortized or undepreciated cost thereof determined on the basis of Tenant's ’s federal income tax returns) less one-half (1/2) of all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, commissions and advertising costs, commercially reasonable tenant concessions and legal fees 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 percent one-half (50%1/2) of any rents, additional charges or other consideration 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 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 (1/2) of then net unamortized or undepreciated cost thereof determined on the basis of Tenant's ’s federal income tax returns), less one-half (1/2) of all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when 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 rent: (i) in the case of an assignment, an amount equal to fifty percent 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 fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then net 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 brokerage commissions, tenant improvementslegal fees, marketing and advertising costs, commercially costs or reasonable tenant concessions and legal fees alteration expenses incurred in connection with such assignment 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 percent sixty (5060%) percent of any rents, additional charges or other consideration 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 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 net 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 brokerage commissions, tenant improvementslegal fees, marketing and advertising costs, commercially costs or reasonable tenant concessions and legal fees alteration expenses incurred; and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Women Com Networks 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 percent one-half (50%½) 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 (½) of the then net 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 brokerage commissions, tenant improvements, commissions and advertising costs, commercially reasonable tenant concessions and legal fees 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 percent one-half (50%½) of any rents, additional charges or other consideration 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 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 (½) of then net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when 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 rent: (i) in In the case of an assignment, an amount equal to fifty percent 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 fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then net unamortized or undepreciated cost thereof fair market value thereof, as reasonably determined on the basis of Tenant's federal income tax returnsby Landlord) less all customary expenses reasonably and actually incurred by Tenant on account of brokerage commissions, legal expenses, tenant improvementsimprovement allowances, rent credits and advertising costs, commercially reasonable tenant concessions and legal fees costs in connection with such assignment 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 percent sublease seventy-five (5075%) percent of any rents, additional charges or other consideration 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 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 net unamortized or undepreciated cost thereof fair market value thereof, as reasonably determined on the basis of Tenant's federal income tax returnsby Landlord), less all customary expenses reasonably and actually incurred by Tenant on account of brokerage commissions, legal expenses, tenant improvementsimprovement allowances, rent credits, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable paid under this subsection J(iiJ (ii) of this Article 12 shall be paid to Landlord as and when 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 rent: (i) in the case of an assignment, an amount equal to fifty percent (50%) 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 net 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 brokerage commissions, tenant improvements, commissions and advertising costs, commercially reasonable tenant concessions and legal fees costs in connection with such assignment 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 percent (50%) of any rents, additional charges or other consideration 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 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 net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(iiJ (ii) of this Article 12 shall be paid to Landlord as and when 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 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof) less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees and advertising and marketing 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)assignment; and (ii) in the case of a sublease, fifty percent (50%) percent of any rents, additional charges or other consideration 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 (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 ’s fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof), less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees marketing costs and the cost of demising the premises so sublet in connection with such sublease (including, provided that without limitation, any costs reasonably incurred by Tenant shall submit in making changes to Landlord a receipt evidencing the payment layout and finish of such expenses the sublet space for the subtenant, and reasonable legal fees paid by Tenant in connection with the sublease). (or other proof of payment as Landlord shall reasonably require). iii) The sums payable under this subsection J(ii) of this Article 12 Subsection shall be paid to Landlord as and when payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Relmada Therapeutics, 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 percent (50%) 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 net 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 brokerage commissions, tenant improvements, commissions and advertising costs, commercially reasonable tenant concessions and legal fees 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)assignment; and (ii) in the case of a sublease, fifty percent (50%) of any rents, additional charges or other consideration 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 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 net 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 brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require)sublease. The sums payable under this subsection J(ii) of this Article 12 Subsection shall be paid to Landlord as and when payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Bridgeline Software, Inc.)

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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 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 fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof, as reasonably evidenced to Landlord) less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvementslegal, advertising costs, commercially and other reasonable tenant concessions and legal fees customary costs in connection with such assignment 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 percent (50%) percent of any rents, additional charges or other consideration 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 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof, as reasonably evidenced to Landlord), less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvementslegal, advertising costs, commercially and other reasonable tenant concessions and legal fees customary costs and the 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 (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 J(ii) of this Article 12 shall be paid to Landlord as and when payable paid by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Lazare Kaplan International 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 rentAdditional Rent: (ia) in the case of an assignment, an amount equal to fifty percent (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 fixtures, leasehold improvements, equipment, furniture, furnishings furnishings, or other personal property, less, in the case of a sale thereofproperty (collectively, the then net unamortized or undepreciated cost thereof determined on “Tenant’s Property”), after deducting therefrom the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees in connection with such assignment , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses ’s Costs” (or other proof of payment as Landlord shall reasonably requirehereinafter defined); and (iib) in the case of a sublease, fifty percent (50%) percent of any rents, additional charges charges, or other consideration payable under the sublease on a per square foot basis to Tenant by the subtenant which is to Tenant that are 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 (hereof, including, but not limited towithout limitation, all sums paid for the sale or rental of Tenant's fixtures, leasehold improvements, equipment, furniture or other personal property, less, in Property after deducting therefrom the case of the sale thereofTenant’s Costs. (ii) For purposes hereof, the then net unamortized term “Tenant’s Costs” shall mean reasonable expenses incurred in connection with any assignment or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns)subletting that shall include, less all expenses reasonably but not be limited to, brokerage fees, attorneys’ fees and actually incurred by Tenant on account of brokerage commissions, tenant improvementsdisbursements, advertising costs, commercially reasonable tenant concessions and legal fees to the assignee or sublessee, including, without limitation, free rent or work contributions to the assignee or subtenant, and the cost of demising the premises so sublet costs incurred in connection with such alterations, decorations and installations made by Tenant pursuant to its subject assignment or sublease , provided that to prepare the Premises for occupancy by the assignee or sublessee. Tenant shall submit to Landlord a receipt receipts evidencing the payment of such expenses (Tenant Costs, or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when payable by the subtenant to Tenant.

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 rent: (i) in the case of an assignment, an amount equal to fifty seventy-five percent (5075%) 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's ’s federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, commissions and advertising costs, commercially reasonable tenant concessions and legal fees costs in connection with such assignment 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 seventy-five percent (5075%) of any rents, additional charges or other consideration 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 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's ’s federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when payable by the subtenant to Tenant.

Appears in 1 contract

Samples: 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 rent: (i) in In the case of an assignment, an amount equal to fifty percent (50%) of an amount equal to 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof) less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, commissions and advertising costs, commercially reasonable tenant concessions and legal fees costs in connection with such assignment 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 percent (50%) of any rents, additional charges or other consideration 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 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returnsfair market value thereof), less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(iiJ (ii) of this Article 12 shall be paid to Landlord as and when 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 percent one-half (50%1/2) 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, of the then net unamortized or undepreciated cost thereof determined on the basis of Tenant's ’s federal income tax returns) less of all expenses reasonably and actually incurred by Tenant on account of brokerage commissionswith respect to such assignment, tenant improvementsincluding, advertising without limitation, rent allowances, construction costs, commercially reasonable tenant concessions and legal fees (up to $7,500), brokerage commissions and advertising costs in connection with such assignment 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 percent one-half (50%1/2) of any rents, additional charges or other consideration 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 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 net unamortized or undepreciated cost thereof determined on the basis of Tenant's ’s federal income tax returns), less all expenses reasonably and actually incurred by Tenant on account of with respect to said sublease including, without limitation, rent allowance, construction costs, legal fees (up to $7,500), brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees costs and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when 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 hereunderhereunder (other than an assignment or sublease pursuant to subsection K or L herein), Tenant shall in consideration therefor, pay to Landlord, as additional 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 (includingexcluding, but not limited to, fair market 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 net 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 brokerage commissions, tenant improvementsreasonable legal fees, reasonable market-rate build-out costs for similar assignments and sublettings and advertising costs, commercially reasonable tenant concessions and legal fees costs in connection with such assignment 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 percent (50%) percent of any rents, additional charges or other consideration 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 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 fixtures, leasehold improvements, equipment, furniture or other personal property, less, in the case of the sale thereof, the then net 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 brokerage commissions, tenant improvementsreasonable legal fees, advertising costs, commercially reasonable tenant concessions market-rate build-out costs for similar assignments and legal fees sublettings and the 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 (or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Viatel 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 rentAdditional Rent: (ia) in the case of an assignment, an amount equal to fifty percent (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 fixtures, leasehold improvements, equipment, furniture, furnishings furnishings, or other personal property, less, in the case of a sale thereofproperty (collectively, the then net unamortized or undepreciated cost thereof determined on “Tenant’s Property”), after deducting therefrom the basis of Tenant's federal income tax returns) less all expenses reasonably and actually incurred by Tenant on account of brokerage commissions, tenant improvements, advertising costs, commercially reasonable tenant concessions and legal fees in connection with such assignment , provided that Tenant shall submit to Landlord a receipt evidencing the payment of such expenses ’s Costs” (or other proof of payment as Landlord shall reasonably requirehereinafter defined); and (iib) in the case of a sublease, fifty percent (50%) percent of any rents, additional charges charges, or other consideration payable under the sublease on a per square foot basis to Tenant by the subtenant which is to Tenant that are 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 (hereof, including, but not limited towithout limitation, all sums paid for the sale or rental of Tenant's fixturesProperty after deducting therefrom the Tenant’s Costs. (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 net unamortized any rent abatement and/or concession or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns), less all expenses reasonably and actually incurred work allowance granted by Tenant on account to such abatement in lieu of brokerage commissions, tenant or in addition to Xxxxxx’s performance of any such improvements, advertising costs, commercially reasonable tenant concessions and legal fees and the cost of demising the premises so sublet in connection with such sublease , provided that . Tenant shall submit to Landlord a receipt receipts evidencing the payment of such expenses (Tenant Costs, or other proof of payment as Landlord shall reasonably require). The sums payable under this subsection J(ii) of this Article 12 shall be paid to Landlord as and when payable by the subtenant to Tenant.

Appears in 1 contract

Samples: Lease Agreement (COMPASS Pathways PLC)

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