Common use of Assignment Consideration And Excess Rentals Defined Clause in Contracts

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 4 contracts

Samples: Disturbance Agreement (Palo Alto Networks Inc), Non Disturbance Agreement (Palo Alto Networks Inc), By and Between (Palo Alto Networks Inc)

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Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent Rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 4 contracts

Samples: Iv Lease (Jazz Semiconductor Inc), Iv Lease (Jazz Semiconductor Inc), Jazz Semiconductor Inc

Assignment Consideration And Excess Rentals Defined. For purposes of this the Article, including any amendment to this Article by way of addendum or other writing: (i) the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paidassignment (not to exceed then standard rates), and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee subleases to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such sublease, except that sublease (not to exceed then standard rates) and the cost of improvements made to the subleased premises by Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with at its expense for the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordpurpose of subleasing. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 4 contracts

Samples: Acceptance Agreement (Mattson Technology Inc), Acceptance Agreement (Atroad Inc), Industrial Space Lease (Mattson Technology Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, after deduction for reasonable leasing commissions actually paid by Tenant but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, after deduction for reasonable leasing commissions actually paid by Tenant but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.rentals

Appears in 3 contracts

Samples: Lease (Digital Microwave Corp /De/), Lease (Digital Microwave Corp /De/), Lease (Digital Microwave Corp /De/)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment considerationAssignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any the following costs actually paid or expenses actually incurred by Tenant directly in connection with such assignment, except that Tenant may deduct third party, market : market-rate leasing commissions commissions; rent concessions; reasonable costs of tenant improvements, capital improvements, building upgrades and legal permit fees; and reasonable attorneys’ fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance not to be paid to Landlord, and exceed five thousand dollars (ii) the $5,000.00). The term “excess rentalsExcess Rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any the following costs actually paid or expenses actually incurred by Tenant directly in connection with such sublease, except that Tenant may deduct third party, market : market-rate leasing commissions commissions; rent concessions; reasonable costs of tenant improvements, capital improvements, building upgrades and legal permit fees; and reasonable attorneys’ fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance not to be paid to Landlordexceed five thousand dollars ($5,000.00). Tenant agrees that the portion of any assignment consideration Assignment Consideration and/or excess rentals Excess Rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 3 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp, Lsi Logic Corp

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paidassignment (not to exceed then standard rates) (see attached), and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such subleasesublease (not to exceed then standard rates) (see attached), except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any and assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord Landlord' and not the property of Tenant.

Appears in 2 contracts

Samples: Acceptance Agreement (Asyst Technologies Inc /Ca/), Acceptance Agreement (Asyst Technologies Inc /Ca/)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, except that during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant may deduct third partyat Tenant's sole cost and expense to prepare the Leased Premises for the assignee, market rate leasing commissions and legal fees paidbut without deduction for any other costs or expenses, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such subleasesublease and, except that during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant may deduct third partyat Tenant's sole cost and expense to prepare the Leased Premises for the subtenant, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordor expenses. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 2 contracts

Samples: Lease (Juniper Networks Inc), Lease (Juniper Networks Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 2 contracts

Samples: Lease (Redback Networks Inc), Lease (Ultratech Stepper Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without any deduction except for any third party, market-rate leasing commissions, reasonable attorneys’ fees, and tenant improvement costs or expenses incurred required by the assignee, paid by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paidsuch deductions to be amortized on a straight-line basis over the then-remaining term of the Lease, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without any deduction except for any third party, market-rate leasing commissions, reasonable attorneys’ fees, and tenant improvement costs or expenses incurred required by the sublessee, paid by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with such deductions to be amortized on a straight-line basis over the term of the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 2 contracts

Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 2 contracts

Samples: Lease (Aruba Networks, Inc.), Lease (Aruba Networks, Inc.)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any reasonable third party leasing commissions and any reasonably necessary tenant improvements paid for by Tenant but without deductions for any other costs or expenses (including, without limitation, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.. 7.6

Appears in 2 contracts

Samples: Vantive Corp, Vantive Corp

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for deducting any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for deducting any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Aviron

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any legal fees, tenant improvement, and other costs paid by Tenant or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, excepting only market rate leasing commissions and legal fees paidcommissions, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with on a straight-line basis over the balance to be paid to Landlordremaining term of this Lease from and after the date of the assignment, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any legal fees, tenant improvement, and other costs paid by Tenant or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, excepting only market rate leasing commissions and legal fees paidcommissions, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with on a straight-line basis over the balance to be paid to Landlordterm of the sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignmentthe assignment of this Lease, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants’ fees), and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such sublease, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, and tenant improvement other consultants’ fees). Any commissions, costs incurredand expenses deducted shall be amortized over the term of the sublease or the remainder of the Lease Term (in the case of an assignment), in connection with and only the sublease, in which case monthly amortizing portion thereof deducted from the amount thereof may be deducted with the balance excess rentals and assignment consideration payable to be paid to LandlordLandlord under this Article 7. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Allion Healthcare Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Adept Technology Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Simplex Solutions Inc

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, except that the cost of tenant improvements made by Tenant may deduct third partyat Tenant’s sole cost and expense to prepare the Leased Premises for the assignee, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the or expenses. The term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such subleasesublease and the cost of tenant improvements made by Tenant at Tenant’s sole cost and expense to prepare the Leased Premises for the subtenant, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordor expenses. Tenant agrees that the portion sixty-five percent (65%) of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.. 7.5

Appears in 1 contract

Samples: Scientific Learning Corp

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the assignment, any tenant improvement allowance and/or other out-of-pocket monetary inducements provided to such transferee by Tenant, reasonable fees of attorney(s) and design professionals incurred by Tenant in which case the amount thereof may be deducted connection with the balance transfer, and any amount payable to be paid Landlord under Paragraph 7.4(d) above with respect to Landlordsuch transfer, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any after deducting all reasonable costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys’ fees, brokerage commissions and other consultants’ fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any after deducting all reasonable costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys’ fees, brokerage commissions and other consultants’ fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys’ fees, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants’ fees), and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such sublease, except that Tenant may deduct third partybut without deduction for any other costs or expenses(including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys’ fees, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants’ fees). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Sublease (Atheros Communications Inc)

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Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants’ fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants’ fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Redback Networks Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, after deduction of any leasing commissions paid by Tenant, but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, after deduction for any leasing commissions paid by Tenant, but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion potion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property properly of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease by And (Polycom Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys' fees, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants' fees), and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such sublease, except that Tenant may deduct third partybut without deduction for any other costs or expenses(including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys' fees, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants' fees). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Marvell Technology Group LTD

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions, reasonable tenant improvement costs or expenses and reasonable legal fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys’ fees, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants’ fees), and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any reasonable leasing commissions, reasonable tenant improvement costs or expenses and reasonable legal fees incurred by Tenant in connection with such sublease, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys’ fees, and tenant improvement other consultants’ fees). Any commissions, costs incurred, and expenses deducted shall be amortized over the term of the sublease or the remainder of the Lease Term (in connection with the sublease, in which case of an assignment) and only the amount monthly amortizing portion thereof may shall be deducted with from the balance excess rentals and assignment consideration payable to be paid to LandlordLandlord under this Article 7. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Vivus Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any costs or expenses market rate, third party leasing commissions, tenant improvements made for the purpose of inducing the assignee, and reasonable attorneys’ fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any costs or expenses market rate, third party leasing commissions, tenant improvements made for the purpose of inducing the sublessee, and reasonable attorneys’ fees incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Sublease (Gigamon Inc.)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant pr to any other party on Tenant's behalf or for Tenant's benefit as consideration for such assignment, after deduction for reasonable leasing commissions paid by Tenant but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, and the term "excess rentals" shall mean all consideration to be paid by the sub lessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, after deduction reasonable leasing commissions paid by Tenant (amortized over the term of the sublease) but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Digital Island Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without with deduction for only (i) reasonable and customary commissions incurred by Tenant in connection with such assignment and (ii) any reasonable and customary tenant improvement costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without with deduction for only (i) reasonable and customary commissions paid by Tenant and (ii) any reasonable and customary tenant improvement costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Va Linux Systems Inc

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord landlord and not the property of Tenant.

Appears in 1 contract

Samples: Introbiotics Phamaceuticals Inc

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paidassignment (not to exceed then standard rates), and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance sublease (not to be paid to Landlordexceed then standard rates). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Assignment Consideration and Excess Rentals shall also include: any consideration of any kind received, or to be received, by Tenant as a result of the Transfer, if such sums are related to Tenant's interest in this Lease or in the Premises, including payments from or on behalf of the transferee (in excess of the book value thereof) for Tenant's assets, fixtures, leasehold improvemetns, inventory, accounts, goodwill, equipment, furniture, and general intangibles.

Appears in 1 contract

Samples: Acceptance Agreement (Efficient Networks Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paidassignment (not to exceed then standard rates), and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance sublease (not to be paid to Landlordexceed then standard rates). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Assignment Consideration and Excess Rentals shall also include: any consideration of any kind received, or to be received, by Tenant as a result of the Transfer, if such sums are related to Tenant's interest in this Lease or in the Premises, including payments from or on behalf of the transferee (in excess of the book value thereof) for Tenant's assets, fixtures, leasehold improvements, inventory, accounts, goodwill, equipment, furniture, and general intangibles.

Appears in 1 contract

Samples: Acceptance Agreement (Upgrade International Corp /Fl/)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be actually paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignmentassignment of the Lease and Premises, without after deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades and permit fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys’ fees, and other consultants’ fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: Lease (Blue Coat Systems Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the assignment, any tenant improvement allowance and/or other out-of-pocket monetary inducements provided to such transferee by Tenant, reasonable fees of attorney(s) and Building 3 design professionals incurred by Tenant in which case the amount thereof may be deducted connection with the balance transfer, and any amount payable to be paid Landlord under Paragraph 7.4(d) above with respect to Landlordsuch transfer, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Appears in 1 contract

Samples: By And (Kodiak Sciences Inc.)

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