Common use of Excess Payments Clause in Contracts

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

Appears in 12 contracts

Samples: Sublease Agreement, Lease (Wageworks, Inc.), Commercial Sublease Agreement (CreditCards.com, Inc.)

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Excess Payments. If Tenant shall assign this Lease or --------------- sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt; provided that Tenant shall first be entitled to recover the reasonable brokerage commissions, advertising, legal fees and alteration costs actually incurred by Tenant in connection with such assignment or sublet.

Appears in 2 contracts

Samples: Wavesplitter Technologies Inc, Wavesplitter Technologies Inc

Excess Payments. If Tenant shall assign this Lease or sublet any --------------- part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

Appears in 2 contracts

Samples: Lease (Focal Communications Corp), Lease (Saflink Corp)

Excess Payments. If Tenant shall assign this Lease or --------------- sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord Landlord, as Additional Rent Rent, 50% of any such excess immediately upon receipt; provided that prior to sharing such excess rent with Landlord, Tenant may first reimburse itself for the reasonable attorneys' fees, tenant improvements costs and broker's commissions incurred by Tenant in connection with such assignment or sublet.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Navisite Inc)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 5030% of any such excess immediately upon receipt.

Appears in 1 contract

Samples: Lease (Florsheim Shoe Co /De/)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receiptreceipt after deducting Tenant improvements and leasing commissions associated with said sublease.

Appears in 1 contract

Samples: Office Lease Agreement (Ready Mix, Inc.)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent fifty percent (50% %) of any such excess immediately upon receipt; provided that Tenant shall first be entitled to recover the reasonable brokerage commissions, advertising, legal fees and alteration costs actually incurred by Tenant in connection with such sublet.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Clarify Inc)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Base Rent applicable to the space subject to the assignment or subletsublet (after deduction of Tenant's out-of-pocket expenses related to the applicable transaction), then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

Appears in 1 contract

Samples: Lease (Uici)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent fifty percent (50% %) of any such excess immediately upon receipt; provided that Tenant shall be first entitled to recover the reasonable costs actually incurred by Tenant in connection with the sublet for leasing commissions, tenant improvement allowances and attorneys' fees.

Appears in 1 contract

Samples: Letter Agreement (Marvell Technology Group LTD)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent fifty percent (50% %) of any such excess immediately excess, after first deducting any reasonable costs and expenses incurred by Tenant in connection with such assignment or sublease (which costs and expenses shall be amortized over the term of such assignment or sublease), promptly upon receipt.

Appears in 1 contract

Samples: Lease (Cra International, Inc.)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receiptexcess, after deduction for Tenant’s reasonable attorneys fees, brokerage commissions and other leasing costs.

Appears in 1 contract

Samples: Lease Agreement (Metabasis Therapeutics Inc)

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Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent fifty percent (50% %) of any such excess immediately upon receipt, and after deducting Tenant's actual and reasonable costs of such assignment or sublease, including leasing commissions, allowances, and concessions and marketing costs.

Appears in 1 contract

Samples: Lease (Orthologic Corp)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receiptexcess, after deducting all reasonable out of pocket expenses incurred by Tenant in connection therewith, including without limitation, brokerage commissions, legal fees and advertising expenses.

Appears in 1 contract

Samples: Lease (NovaCardia Inc)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Leased Premises for consideration in excess of the pro-rata pro‑rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess (after deducting Tenant's reasonable, actual out-of-pocket costs in entering into such sublease or assignment, including without limit, marketing costs, attorney's fees, commissions, and Building-standard improvements) immediately upon receipt.

Appears in 1 contract

Samples: Office Lease (Shattuck Labs, Inc.)

Excess Payments. If Tenant shall assign this Lease or sublet any --------------- part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt; provided that prior to sharing such excess rent with Landlord, Tenant shall be entitled to reimburse itself for all reasonable leasing commissions, attorneys' fees and tenant improvement costs which were specifically and reasonably incurred in connection with such assignment of this Lease or sublet of the Premises.

Appears in 1 contract

Samples: Lease (Numerical Technologies Inc)

Excess Payments. If Tenant shall assign assigns this Lease or sublet sublets any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent fifty percent (50% %) of any such excess immediately upon receipt.

Appears in 1 contract

Samples: Lease (Focus Enhancements Inc)

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent fifty percent (50% %) of any such excess immediately upon receipt; provided that Tenant shall be entitled to first recover the reasonable marketing expenses, leasing commission, attorneys' fees and tenant improvement costs incurred in connection with such assignment or sublet before making such Additional Rent payments to Landlord).

Appears in 1 contract

Samples: Zilog Inc

Excess Payments. If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.after deducting the out-of-pocket leasing commissions, tenant

Appears in 1 contract

Samples: Lease (Integrated Communication Networks Inc)

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