Common use of Assignment or Subletting Consideration Clause in Contracts

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any such sublease and assignment in excess of the rent payable hereunder (including an allocation of the purchase price attributable to Tenant's leasehold interest in the event of a sale of the Tenant's business), after the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and reasonable subletting and assignment costs, shall be divided and paid sixty-seven percent (67%) to Landlord and thirty-three percent (33%) to Tenant. Tenant's obligation to pay over Landlord's portion of the consideration shall constitute an obligation for additional rent hereunder. The above provisions relating to Landlord's right to terminate the Lease and relating to the allocation of bonus rent are independently negotiated terms of the Lease, constitute a material inducement for the Landlord to enter into the Lease, and are agreed as between the parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Sources: Lease Agreement (Visx Inc)

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any such sublease and assignment assignment, in excess of the rent payable hereunder after deducting (including an allocation of i) reasonable subletting and assignment costs (ii) the purchase price attributable to Tenant's leasehold interest in the event of a sale of the Tenant's business), after the net unamortized cost Monthly Amortized Cost (defined below) of the Tenant Improvements for which Tenant has itself paidpaid by Tenant, and reasonable subletting and assignment costs(iii) any economic consideration received by Tenant for services rendered or personal property sold or leased, shall be divided and paid sixty-seven fifty percent (6750%) to Landlord and thirty-three fifty percent (3350%) to Tenant. Monthly Amortized Cost shall be determined by taking sum paid by Tenant for the Tenant Improvements installed in the Building and dividing this sum by one hundred forty four (144) months. Tenant's ’s obligation to pay over Landlord's ’s portion of the consideration shall constitute constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord's ’s right to terminate the Lease and relating to the allocation of bonus rent are independently negotiated terms of the Lease, Lease which constitute a material inducement for the Landlord to enter into the Lease, and are agreed as between by the parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve Tenant it of any obligation under this Lease. Any assignment or subletting except in connection with a Permitted Transfer which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Sources: Sublease (Guidewire Software, Inc.)

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any such sublease and assignment assignment, in excess of the rent payable hereunder after deducting (including an allocation of the purchase price attributable to Tenant's leasehold interest in the event of a sale of the Tenant's business), after the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and i) reasonable subletting and assignment costscosts (ii) the Monthly Amortized Cost (defined below) of the Tenant improvements paid by Tenant, and (iii) any economic consideration received by Tenant for services rendered or personal property sold or leased, shall be divided and paid sixty-seven fifty percent (6750%) to Landlord and thirty-three fifty percent (3350%) to Tenant. Monthly Amortized Cost shall be determined by taking sum paid by Tenant for the Tenant Improvements installed in the Building and dividing this sum by one hundred forty four (144) months. Tenant's ’s obligation to pay over Landlord's ’s portion of the consideration shall constitute constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord's ’s right to terminate the Lease and relating to the allocation of bonus rent are independently negotiated terms of the Lease, Lease which constitute a material inducement for the Landlord to enter into the Lease, and are agreed as between by the parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve Tenant it of any obligation under this Lease. Any assignment or subletting except in connection with a Permitted Transfer which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Sources: Sublease (NeurogesX Inc)

Assignment or Subletting Consideration. Any Beginning thirty six (36) months after the Commencement Date, any rent or other economic consideration realized by Tenant under any such sublease and assignment assignment, in excess of the rent Base Monthly Rent payable hereunder (including an allocation of the purchase price attributable to Tenant's leasehold interest in the event of a sale of the Tenant's business), after the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and reasonable subletting and assignment costscosts (including but not limited to legal fees, real estate commissions, advertising fees, and unamortized Tenant Improvements paid for by Tenant, provided further that such Tenant Improvements have value to the incoming subtenant), shall be divided and paid sixty-seven fifty percent (6750%) to Landlord and thirty-three fifty percent (3350%) to Tenant. Tenant's obligation to pay over Landlord's portion of the consideration shall constitute constitutes an obligation for additional rent hereunder. The above provisions relating to Landlord's right to terminate the Lease and relating to the allocation of bonus excess rent are independently negotiated terms of the Lease, Lease which constitute a material inducement for the Landlord to enter into the Lease, and are agreed as between by the parties Parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve Tenant it of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Sources: Lease Agreement (Brio Technology Inc)

Assignment or Subletting Consideration. Any rent or other economic consideration realized by Tenant under any such sublease and assignment assignment, except to an Affiliate to which Tenant can assign or sublease without consent, in excess of the rent payable hereunder (including an allocation of the purchase price attributable to Tenant's leasehold interest in the event of a sale of the Tenant's business), after the net unamortized cost of the Tenant Improvements for which Tenant has itself paid, and reasonable subletting and assignment costs, shall be divided and paid sixty-seven fifty percent (6750%) to Landlord and thirty-three fifty percent (3350%) to Tenant. Tenant's obligation to pay over Landlord's portion of the consideration shall constitute an obligation for additional rent hereunder. The above provisions relating to Landlord's right to terminate the Lease and relating to the allocation of bonus rent are independently negotiated terms of the Lease, constitute a material inducement for the Landlord to enter into the Lease, and are agreed as between the parties to be commercially reasonable. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Appears in 1 contract

Sources: Sublease Agreement (Trident Microsystems Inc)