Common use of Assignment or Subletting Consideration Clause in Contracts

Assignment or Subletting Consideration. If Tenant shall assign, sublease or otherwise transfer all or any portion of the Premises to a party other than Tenant Affiliate (as defined in 29.E below), Landlord and Tenant shall evenly divide any rent or other consideration paid to Tenant in connection with such assignment, sublease or other transfer which is in excess of the base rent due under this Lease, after first deducting out for the Tenant’s account the cost of (i) broker’s commissions paid by Tenant with regard to the transfer; (ii) legal fees; (iii) the cost of improvements made to the Premises at Tenant’s expense to the extent such improvements increase the rent paid under the sublease over that which would have been paid without such improvements; (iv) any tenant improvements made by Tenant at Tenant’s expense for the purpose of transfer; (v) all rent paid by Tenant to Landlord while the Premises were vacant prior to such transfer; and (vi) any other expenses incurred by Tenant in effectuating the transfer. The terms of this section shall survive the expiration or earlier termination of the Lease. The above provision 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 of any obligation under this Lease. Any assignment or subletting which conflicts with the provisions hereof shall be void.

Assignment or Subletting Consideration. If Tenant shall assign, sublease or otherwise transfer all or any portion of the Premises to a party other than Tenant Affiliate (as defined in 29.E below)Affiliate, Landlord and Tenant shall evenly divide any rent or other consideration paid to Tenant in connection with such assignment, sublease or other transfer which is in excess of the base rent due under this Lease, after first deducting out for the Tenant’s 's account the cost of (i) broker’s 's commissions paid by Tenant with regard to the transfer; (ii) legal fees; (iii) the cost of improvements made to the Premises by Tenant at Tenant’s 's expense to as of the extent date of such improvements increase the rent paid under the sublease over that which would have been paid without such improvements; (iv) transfer, or any tenant improvements made by Tenant at Tenant’s 's expense for the purpose of transfer; (iv) the unamortized portions of improvements made in the transferred area by Tenant for Tenant's use during the original tenancy (to the extent such improvements have value to the subtenant or assignee); (v) all rent paid by Tenant to Landlord while the Premises were vacant prior to such transfer; and (vi) any other expenses incurred by Tenant in effectuating the transfer. The terms of this section shall survive the expiration or earlier termination of the Lease. The above provision 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.