Additional Subrent Clause Samples
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Additional Subrent. For purposes hereof, “Additional Subrent” means Pass-Through Expense Rental (hereafter defined) and all other amounts (other than Annual Base Subrent) payable by Subtenant to Sublessor pursuant to this Sublease. Commencing on the Sublease Rent Commencement Date, and for each calendar year thereafter that commences during the Sublease Term, Subtenant shall pay to Sublessor, as additional rent (“Pass-Through Expense Rental”), Subtenant’s Proportionate Share (hereafter defined) of the amounts payable by Sublessor pursuant to Section 5.C. of the Prime Lease as Sublessor’s proportionate share of (i) Operating Expenses incurred during each calendar year during the Term, to the extent such Operating Expenses exceed the Operating Expenses incurred during the Operating Expenses Base Year, and (ii) Real Estate Tax Expenses incurred during each calendar year during the Term, to the extent such Real Estate Tax Expenses exceed the Real Estate Tax Expenses incurred during the Real Estate Tax Expenses Base Year. For purposes hereof, “Subtenant’s Proportionate Share” shall be five percent (5.0%) (being the percentage which the rentable area of the Sublet Premises bears to the 625,062 square feet of rentable area leased by Sublessor pursuant to the Prime Lease). Subtenant shall pay such amounts to Sublessor, as Additional Subrent, at the same time and in the same manner (including estimated monthly installments) as provided in Section 4 and 5.D. of the Prime Lease and with the same adjustments as provided in Section 5 of the Prime Lease. Sublessor shall, within a reasonable period of time following Sublessor’s receipt of the statements described in Sections 5.D.(2) and 5.E. of the Prime Lease (Sublessor shall use reasonable efforts to deliver such statements to Subtenant within thirty (30) days after receipt thereof from Landlord), deliver written notice to Subtenant of the amount of Subtenant’s Pass-Through Expense Rental (estimated amounts and actual amounts, as the case may be). Sublessor’s failure to timely deliver the aforesaid statements shall in no way reduce Subtenant’s obligations to pay Additional Subrent hereunder; the parties hereto acknowledge that Subtenant’s accounting system requires written invoicing for ▇▇▇▇ payment.
Additional Subrent. From and after the Commencement Date, and throughout the Term of this Sublease, Subtenant shall pay as additional rent ("Additional Subrent", the Basic Subrent and Additional Subrent, and each installment and increment thereof, are sometimes herein collectively called "Subrent") all costs and expenses attributable to the Premises during the Term as if Subtenant owned the Premises during the Term, including, without limitation, all real estate taxes, special and general assessments, and Sublandlord's insurance premiums. It is intended that (a) Sublandlord shall incur no cost or expense with respect to the Premises during the Term and (b) the Basic Subrent shall be an absolute net return to Sublandlord throughout the Term of this Sublease, without offset or deduction and free of all expenses, charges, diminution and other deductions whatsoever. In the event of any non-payment thereof, Sublandlord shall have all the rights and remedies provided for herein or at law in the case of non-payment of rent.
Additional Subrent. Subtenant shall pay Sublandlord, as "ADDITIONAL SUBRENT," or shall reimburse Sublandlord as "ADDITIONAL SUBRENT" for an amount equal to (or, where indicated, a portion of), any payments of Additional Rent (as defined in the ▇▇▇▇▇▇▇▇▇) as and when required by the ▇▇▇▇▇▇▇▇▇.
Additional Subrent. Section 2.2 of the Sublease is hereby amended and restated as follows:
Additional Subrent. From and after the Sublease Commencement Date through January 31, 2017, Subtenant shall pay to Sublandlord, as “Additional Subrent,” one half of all amounts (other than the Base Rent) payable to Overlandlord under the ▇▇▇▇▇▇▇▇▇, including but not limited to Tenant’s Share of Direct Expenses thereunder. From and after February 1, 2017 through the Expiration Date, the Additional Subrent payable to Sublandlord pursuant to this Section 2.2 shall be one quarter of all amounts (other than the Base Rent) payable to Overlandlord under the ▇▇▇▇▇▇▇▇▇, including but not limited to Tenant’s Share of Direct Expenses thereunder. Notwithstanding anything in the foregoing to the contrary, Additional Subrent shall exclude any charges to the extent such charges arise from (i) goods or services to or work performed for the benefit of Sublandlord, or (ii) the willful misconduct of Sublandlord. Subtenant shall pay each such item of Additional Subrent at least three (3) business days before the ▇▇▇▇▇▇▇▇▇ and the Office Sublease requires Sublandlord to make such payment to Overlandlord.
Additional Subrent. As Additional Subrent, Subtenant shall pay directly to Landlord or, if requested by Sublandlord, to Sublandlord all Additional Rent, to include (a) the Electricity Charge, (b) the Tenant's Proportionate Share of Tax Expenses in excess of the Tax Expense Base as required under Section 2.7.2 of the Lease, (c) the Tenant's Proportionate Share of Operating Expenses in excess of the Operating Expense Base as required under Section 2.6.2 of the Lease, and (d) all other charges, costs and expenses, due and owing to Landlord from Sublandlord under the Lease (excluding charges resulting from Sublandlord's default under the Lease not caused by Subtenant's default under the Sublease) ("Additional Rent") during and for the Term of the Lease, as and when billed by Landlord, all of the foregoing payment obligations commencing November 1, 1996. The determination of what constitutes Additional Rent and the calculation of the amounts of the items included in Additional Rent allocable to the Premises shall be determined as provided in the Lease, including payments based upon estimated amounts to be reconciled following actual determination by Landlord. All rights to an accounting of Additional Rent, if any, shall be as provided and limited by the Lease. Subtenant's Proportionate Share for calculation of Additional Rent charged by Landlord shall be as set forth in Section 1.1 of the Lease.