Common use of Additional Subrent Clause in Contracts

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. For purposes hereof, “Additional Subrent” means Pass-Through Expense Rental (hereafter defined) and all other amounts (other than Annual Base Subrent) payable by Subtenant BroadSoft to Sublessor MIASI pursuant to this Sublease. Commencing on the Sublease Rent Commencement DateJanuary 1, 2011, and for each calendar year thereafter that commences during the Sublease Term, Subtenant BroadSoft shall pay to SublessorMIASI, as additional rent (“Pass-Through Expense Rental”), SubtenantBroadSoft’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 positive difference, if any, between (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 Yearand Taxes (hereafter defined) for such calendar year, and (ii) Real Estate Tax the Base Year Taxes and Expenses incurred during each (hereafter defined), in accordance with and subject to the following provisions. As used in this Sublease, “Operating Expenses and Taxes” shall mean the sum of (i) all amounts that are payable by MIASI to Landlord under Article 8, Section 10.03(d) or clause (i) of Section 10.04 of the Lease, allocable on an accrual basis to such calendar year, and (ii) all amounts payable by MIASI, any MIASI Affiliate or any MIASI Related Party allocable on an accrual basis to such calendar year during the Term, that are referred 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 in Article 8 of the Sublet Premises bears Lease as the type of costs or expenses that would be reimbursable by MIASI to Landlord if paid by Landlord but which have been paid by MIASI any MIASI Affiliate or any MIASI Related Party rather than Landlord (including, without limitation, the 625,062 square feet cost of rentable area leased insurance paid by Sublessor Landlord and reimbursed by MIASI pursuant to Section 16.01(d) of the Prime Lease). Subtenant shall pay such amounts to SublessorNotwithstanding the foregoing, if the Landlord incurs any Capital Expenditure (as Additional Subrent, at the same time and defined in the same manner Lease) described in clause (including estimated monthly installmentsi) as provided in of Section 4 and 5.D. 10.04 of the Prime Lease and with due to any Legal Requirement (as defined in the same adjustments as provided in Section 5 Lease) that took effect at any time prior to the Sublease Commencement Date, then such Capital Expenditure shall be excluded from Operating Expenses for all purposes 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 ▇▇▇▇ paymentthis Sublease.