Rent Recapture Sample Clauses

Rent Recapture. With the exception of any Permitted Transfers, Lessee shall pay to Lessor, as additional rent, if and when received by Lessee, 50 percent of any excess rent or other premium on the assignment, subleasing or other transfer (e.g., if the assignment, sublease or other transfer document provides that the assignee, subtenant or other transferee thereunder is to pay any amount in excess of the rent and other charges due under this Lease, whether such premium be in the form of an increased monthly or annual rental, lump sum payment in consideration of the assignment, sublease or other transfer or consideration of any other form, including a sale of goodwill and/or a covenant not to compete or payment for furniture, fixtures or inventory in an amount in excess of the reasonable value thereof) after first deducting the reasonable costs incurred by Lessee in obtaining the assignment, sublease or transfer, including, without limitation, reasonable brokerage commissions and reasonable costs of leasehold improvements made by Lessee.

Rent Recapture. Subject to the provisions of the above paragraph, should LANDLORD approve any assignment or subletting of the premises, TENANT, subtenant, assignee or other occupant, shall promptly and directly pay LANDLORD the full amount of all rent, income or other money collected from any subtenant or assignee that is in excess of the fixed minimum rent then in effect. Such payment of any excess rent shall not relieve TENANT of the obligation to pay the fixed minimum rent then in effect.

Rent Recapture. Tenant has paid Rent for the Twenty Second Floor Expansion Space for the period from January 1, 2003 through the Restated Amendment Date (the “Rent Recapture Period”). Landlord shall provide Tenant a Rent credit (the “Rent Recapture Amount”) equal to the Rent paid by Tenant for the Twenty-second Floor Expansion Space during the Rent Recapture Period (less any Rent amounts outstanding on the Twenty-second Floor Expansion Space). Tenant shall have the right to offset the Rent Recapture Amount against the next installments of Annual Rent payable after the Restated Amendment Date until such time as the Rent Recapture Amount is reduced to a zero balance. To the extent that the Rent Recapture Amount is comprised of estimated Additional Rent, Landlord and Tenant will reconcile any discrepancies in the Additional Rent component when the actual amount of such Additional Rent is determined in accordance with the terms of the Lease.

Rent Recapture. Notwithstanding anything to the contrary set forth herein, Landlord and Tenant hereby agree that, despite the provisions of Section 8 of the Lease Summary, the Monthly Base Rental Rate per Rentable Square Foot for the period commencing on the Lease Commencement Date and ending on December 31, 2003 (such period being called the "ADJUSTMENT PERIOD") normally would be computed on the basis of $1.50 per Rentable Square Foot (the "ACTUAL RATE"). As an inducement to Tenant's execution of this Lease, Landlord has agreed to accept, during the Adjustment Period, the Base Rent set forth in Section 8 of the Summary. However, in the event of a default by Tenant under the terms of this Lease which results in early termination of this Lease, then as a part of the recovery set forth in this Lease, Landlord shall be entitled to recover from Tenant an amount equal to the difference between the Base Rent paid by Tenant during the Adjustment Period and the amount of Base Rent that would have been paid to Landlord during the Adjustment Period if the Base Rent for such period was calculated using the Actual Rate. -2- CARMEL CORPORATE PLAZA [PDF Solutions, Inc.]