Common use of Transfer Premium from Assignment or Subletting Clause in Contracts

Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half of all amounts received by Tenant from the assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder (the “Transfer Premium”). The Transfer Premium shall be reduced by the reasonable brokerage commissions, tenant improvement costs and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or part of the Premises. “Transfer Premium” shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premium, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). “Transfer Premium” shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that the foregoing Transfer Premium is reasonable.

Appears in 2 contracts

Samples: NNN Lease (SutroVax, Inc.), Vaxcyte, Inc.

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Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by TenantTxxxxx) as an item of additional rent one-half of all amounts received by Tenant from the assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder (the “Transfer Premium”). The Transfer Premium shall be reduced by the reasonable brokerage commissions, tenant improvement costs costs, furniture costs, Landlord review charges and legal fees actually paid by Tenant Txxxxx in order to assign the Lease or to sublet all or part of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premium, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that the foregoing Transfer Premium is reasonable.

Appears in 1 contract

Samples: Standard Office Lease (Auxilio Inc)

Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half of all amounts received by Tenant from the assignee or subtenant in excess of the any amounts (including, without limitation Base Rent and Tenant’s Share of Operating Expenses) payable by Tenant to Landlord hereunder pursuant to this Lease (the “Transfer Premium”). The In addition to any amounts payable by Tenant to Landlord that count against the Transfer Premium, the Transfer Premium shall be further reduced by the reasonable brokerage commissions, tenant improvement costs, actual out-of-pocket costs incurred by Tenant in advertising for an assignee or subtenant and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or part of the Premises. “Transfer Premium” shall mean one-half of all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premium, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). “Transfer Premium” shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that the foregoing Transfer Premium is reasonable.

Appears in 1 contract

Samples: Work Letter Agreement (Universal Electronics Inc)

Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half of all amounts received by Tenant from the subtenant or assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder (the “Transfer Premium”). The Transfer Premium shall be reduced by the reasonable brokerage commissions, tenant improvement costs and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or part a portion of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease, but excluding market value of the sale of any furniture, fixtures or equipment. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premium, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises on a per rentable square per-rentable-square-foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair fair-market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, equipment or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that the foregoing Transfer Premium is reasonable.

Appears in 1 contract

Samples: Standard Lease (Ambarella Inc)

Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half of all amounts received by Tenant from the assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder (the “Transfer Premium”). The Transfer Premium shall be reduced by the reasonable actual brokerage commissions, tenant improvement costs costs, free rent, cash payments by Tenant to the subtenant or assignee for the purchase of furniture and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or part of the Premises. “Transfer Premium” shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premium, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). “Transfer Premium” shall also include, but not be limited to, key money and bonus include any money paid by the assignee or subtenant in order to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant avoid or reduce the Transfer Premium payable to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such TransferLandlord. Landlord and Tenant agree that the foregoing Transfer Premium is reasonable.

Appears in 1 contract

Samples: Office Lease (ProNAi Therapeutics Inc)

Transfer Premium from Assignment or Subletting. Landlord shall be ----------------------------------------------- entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half fifty percent (50%) of all amounts received by Tenant from the any subtenant or assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder (hereinafter the "Transfer Premium"). Landlord shall not have the right to receive the Transfer Premium in the event of a sublease or assignment to a Permitted Transferee, as defined in Section 10(i) AND PROVIDED FURTHER, THAT LANDLORD SHALL NOT HAVE THE RIGHT TO RECEIVE THE TRANSFER PREMIUM IN THE EVENT OF A SUBLEASE OF LESS THAN TWENTY-FIVE PERCENT (25%) OF THE LEASED PREMISES FOR FURNISHED OFFICE SPACE TO A SUBTENANT THAT RECEIVES SECRETARIAL SUPPORT SERVICES FROM TENANT AS PART OF THE SUBLEASE AGREEMENT (HEREINAFTER REFERRED TO AS A "PERMITTED SUBLEASE"). The Transfer Premium shall be reduced by the reasonable and customary costs incurred by Tenant to effect such assignment or subletting, to include brokerage fees and commissions, tenant improvement costs costs, marketing costs, tenant allowances and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or part a portion of the Leased Premises. For purposes of calculating the Transfer Premium, all expenses will be amortized over the life of such sublease. "Transfer Premium" shall mean all Base Basic Rent, additional rent Additional Charges or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Basic Rent and additional rent Additional Charges payable by Tenant under this Lease. If less than all of the Leased Premises is subleased, for purposes of calculating the Transfer Premiumtransferred, the Base Basic Rent and the additional rent due under this Lease Additional Charges shall be allocated to the subleased premises determined on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the basis. Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). “Transfer Premium” Premium shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that For purposes of calculating the foregoing Transfer Premium is reasonablePremium, expenses will be amortized over the life of the sublease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Apache Medical Systems Inc)

Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half (50%) of all amounts received by Tenant from the assignee or subtenant in excess of the amounts of Base Rent and Additional Rent payable by Tenant to Landlord hereunder (the “Transfer Premium”). The Transfer Premium shall be reduced by the reasonable actual brokerage commissions, tenant improvement legal fees, rent abatement, and any considerations, concessions or costs and legal fees actually paid or incurred by Tenant in order to assign the Lease or to sublet all or part of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premium, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that the foregoing Transfer Premium is reasonable.

Appears in 1 contract

Samples: Office Lease (Redaptive, Inc.)

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Transfer Premium from Assignment or Subletting. Landlord shall ---------------------------------------------- be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half fifty percent (50%) of all amounts received by Tenant from the any subtenant or assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder (hereinafter the "Transfer Premium"). The Transfer Premium shall be reduced by the reasonable brokerage commissions, tenant improvement transaction costs and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or part a portion of the Leased Premises, provided that Tenant provides Landlord with a breakdown of all transaction costs associated with such Transfer at the time Tenant obtains Landlord's consent and Landlord consents to such costs, which consent shall not be unreasonably withheld, conditioned or delayed. "Transfer Premium" shall mean all Base Basic Rent, additional rent Additional Charges or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Basic Rent and additional rent Additional Charges payable by Tenant under this Lease. If less than all of the Leased Premises is subleased, for purposes of calculating the Transfer Premiumtransferred, the Base Basic Rent and the additional rent due under this Lease Additional Charges shall be allocated to the subleased premises determined on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the basis. Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). “Transfer Premium” Premium shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that For purposes of calculating the foregoing Transfer Premium is reasonablePremium, expenses will be amortized over the life of the sublease.

Appears in 1 contract

Samples: Noosh Inc

Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent the following amounts (hereinafter the “Transfer Premium”): (a) if a sublease is for less than fifty percent (50%) of the usable square feet in the Premises, one-half of all amounts received by Tenant from the assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder or (b) if a sublease is for fifty percent (50%) or more of the “Transfer Premium”)usable square feet in the Premises or Tenant assigns the Lease, all amounts received by Tenant from the subtenant or assignee in excess of the amounts payable by Tenant to Landlord hereunder. The Transfer Premium shall be reduced by the reasonable brokerage commissions, tenant improvement costs costs, market rental concessions, advertising and marketing fees and legal fees actually paid or incurred by Tenant in order to assign the Lease or to sublet all or part a portion of the Premises. “Transfer Premium” shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premiumtransferred, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises determined on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the basis. Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). “Transfer Premium” Premium shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that For purposes of calculating the foregoing Transfer Premium is reasonablePremium, expenses will be amortized over the life of the sublease.

Appears in 1 contract

Samples: Lease (Regenerx Biopharmaceuticals Inc)

Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent one-half of all amounts received by Tenant from the assignee or subtenant in excess of the amounts payable by Tenant to Landlord hereunder (the “Transfer Premium”). The Transfer Premium shall be reduced by the reasonable brokerage commissions, tenant improvement costs and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or part of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is subleased, for purposes of calculating the Transfer Premium, the Base Rent and the additional rent due under this Lease shall be allocated to the subleased premises on a per rentable square foot basis (e.g., if one-half of the Premises is subleased, for purposes of determining the amount of the Transfer Premium, one-half of the Base Rent and additional rent due under this Lease would be allocated to the subleased premises, and this amount would be subtracted from the base rent, additional rent and other monies payable to Tenant under the sublease). "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Landlord and Tenant agree that the foregoing Transfer Premium is reasonable.

Appears in 1 contract

Samples: Standard Office Lease (Motivating the Masses Inc)

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