Excess Rental Clause Samples

Excess Rental. If in connection with any assignment, sublease or license, Lessee receives rent or other monetary consideration, either initially or over the term of the assignment or sublease, in excess of the Rent called for hereunder, or in case of the sublease of a portion of the Premises, in excess of such Rent fairly allocable to such portion, after appropriate adjustments to assure that all other payments called for hereunder and out-of-pocket expenditures, operating costs or concessions incurred by Lessee in connection with such assignment, sublease or license, are appropriately taken into account, Lessee shall pay to the Port, as Additional Rent hereunder, seventy-five percent (75%) of the excess of each such payment of rent or other consideration received by Lessee after its receipt.

Excess Rental. If pursuant to any assignment or sublease, Tenant receives rent, either initially or over the Term of the assignment or sublease, in excess of the Rent called for hereunder, or in the case of this sublease of a portion of the Premises in excess of such Rent fairly allocable to such portion, after appropriate adjustments to assure that all other payments called for hereunder are appropriately taken into account, Tenant shall pay to Landlord, as Additional Rent hereunder, fifty percent (50%) of the excess of each such payment of rent received by Tenant promptly after its receipt.

Excess Rental. If Tenant shall, with Landlord’s prior written consent as herein required, sublet the Premises, one hundred percent of the rental in excess of the Base Rent and any Additional Rent herein provided shall be paid by Tenant to Landlord promptly when due under any sublease as Additional Rent due hereunder.

Excess Rental. If in connection with any assignment, sublease or license, Concessionaire receives rent or other monetary consideration, either initially or over the term of the assignment or sublease, in excess of the Rent called for hereunder, or in case of the sublease of a portion of the Premises, in excess of such Rent fairly allocable to such portion, after appropriate adjustments to account for any improvements or alterations made by Concessionaire and to assure that all other payments called for hereunder and out-of-pocket expenditures, operating costs or concessions incurred by Concessionaire in connection with such assignment, sublease or license, are appropriately taken into account, Concessionaire shall pay to the Port seventy-five percent (75%) of the excess of each such payment of rent or other consideration received by Concessionaire after its receipt.

Excess Rental. If in connection with any assignment, sublease or license, Tenant receives rent or other monetary consideration, either initially or over the term of the assignment or sublease, in excess of the Rent called for hereunder, or in case of the sublease of a portion of the Premises, in excess of such Rent fairly allocable to such portion, after appropriate adjustments to assure that all other payments called for hereunder and out-of-pocket expenditures, operating costs or concessions incurred by Tenant in connection with such assignment, sublease or license, are appropriately taken into account, Tenant shall pay to the Port fifty percent (50%) of the excess of each such payment of rent or other consideration received by Tenant after its receipt.

Excess Rental. If in connection with any assignment (or sublease or all or substantially all of the Premises), Tenant receives rent or other monetary consideration, either initially or over the term of the assignment, in excess of the Rent called for hereunder after appropriate adjustments to assure that all other payments called for hereunder and out-of-pocket expenditures, operating costs or concessions incurred by Tenant in connection with such assignment (or sublease or all or substantially all of the Premises) are appropriately taken into account, Tenant shall pay to the Port, as Additional Rent hereunder, fifty percent (50%) of the excess of each such payment of rent or other consideration received by Tenant after its receipt.

Excess Rental. If any sublease, assignment or other transfer (whether by operation of law or otherwise) provides that the subtenant, assignee or other transferee thereunder is to pay any amount in excess of the rental and other charges due under this Lease, whether such excess be in the form of an increased monthly or annual rental, a lump sum payment, payment for the sale, transfer or lease of Tenant’s fixtures, leasehold improvements, furniture and other personal property, or any other form (and if the subleased or assigned space does not constitute the entire Demised Premises, the existence of such excess shall be determined on a pro rata basis), Landlord shall be paid one-half ( 1/2) of any such net excess or other premium applicable to the sublease (after deducting Tenant’s costs of subleasing the Demised Premises or assigning the Lease, including brokerage fees, tenant improvements, abatements, and similar inducements or expenses (but expressly excluding costs due to vacancy periods), assignment or other transfer. Any such premium shall be paid by Tenant to Landlord as additional rent upon such terms as shall be specified by Landlord and in no event later than thirty (30) days after any receipt thereof by Tenant. Landlord shall have the right to inspect and audit Tenant’s books and records relating to any sublease, assignment or other transfer. Any sublease, assignment or other transfer shall, at Landlord’s option, be effected on forms supplied or reasonably approved by Landlord. Tenant covenants and agrees to provide Landlord with statements, as periodically requested by Landlord, stating the amount of rent received by Tenant from its subtenants) during such period.

Excess Rental. 26 15.03 Scope......................................................................................... 26

Excess Rental. If Tenant assigns this Lease or subleases the Premises, Tenant shall pay to Landlord as Additional Rent under this Lease fifty percent (50%) of the Profit on such transaction as herein provided. For purposes of this Section 15.2, the term "Profit" means the consideration received by Tenant from an assignee or subtenant in excess of the amount Tenant must pay Landlord under this Lease, which amount is to be prorated where a part of the Premises is subleased or assigned. In determining the Profit, the consideration received by Tenant shall be deemed to be reduced by the leasing commissions paid by Tenant, payments attributable to the costs of improvements made to the Premises at Tenant's cost for the assignee or sublessee, and other reasonable, out-of-pocket costs paid by Tenant, such as attorney fees related to Tenant's obtaining an assignee or sublessee, costs of advertising or marketing the space, moving expenses paid by Tenant for the assignee or subtenant, and other economic concessions given by Tenant to the assignee or sublessee. Tenant shall pay fifty percent (50%) of the Profit to Landlord within thirty (30) days after the end of each calendar year during which Tenant collects any Profit.