Common use of Assignment Consideration And Excess Rentals Defined Clause in Contracts

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, after deduction for reasonable leasing commissions actually paid by Tenant but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, after deduction for reasonable leasing commissions actually paid by Tenant but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.rentals

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without any deduction except for any third party, market-rate leasing commissions, reasonable attorneys’ fees, and tenant improvement costs or expenses incurred required by the assignee, paid by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paidsuch deductions to be amortized on a straight-line basis over the then-remaining term of the Lease, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without any deduction except for any third party, market-rate leasing commissions, reasonable attorneys’ fees, and tenant improvement costs or expenses incurred required by the sublessee, paid by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with such deductions to be amortized on a straight-line basis over the term of the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, except that during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant may deduct third partyat Tenant's sole cost and expense to prepare the Leased Premises for the assignee, market rate leasing commissions and legal fees paidbut without deduction for any other costs or expenses, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such subleasesublease and, except that during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant may deduct third partyat Tenant's sole cost and expense to prepare the Leased Premises for the subtenant, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordor expenses. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” "Assignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” "Excess Rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, without deduction such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or "Excess Rentals" shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord's property upon the expiration or earlier termination of the lease, whether such property was installed or paid for any costs by Landlord or expenses incurred by Tenant in connection with such subleaseor Tenant's successors. In the event Tenant or Tenant's successors sublease a portion of the Leased Premises, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with "Excess Rentals" shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased be such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant's Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment considerationAssignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentalsExcess Rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. Assignment Considerations and/or Excess Rentals shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, without deduction but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the Lease, whether such property was installed or paid for any costs by Landlord or expenses incurred by Tenant in connection with such subleaseor Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with Excess Rentals shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is and shall then be the property total floor area of Landlord and not the property of TenantLeased Premises leased by such Sublessor also in square feet.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, except that the cost of tenant improvements made by Tenant may deduct third partyat Tenant's sole cost and expense to prepare the Leased Premises for the assignee, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the or expenses. The term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such subleasesublease and the cost of tenant improvements made by Tenant at Tenant's sole cost and expense to prepare the Leased Premises for the subtenant, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordor expenses. Tenant agrees that the portion sixty-five percent (65%) of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment considerationAssignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentalsExcess Rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, without deduction such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or “Excess Rentals” shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the lease, whether such property was installed or paid for any costs by Landlord or expenses incurred by Tenant in connection with such subleaseor Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with “Excess Rentals” shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant’s Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any legal fees, tenant improvement, and other costs paid by Tenant or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, excepting only market rate leasing commissions and legal fees paidcommissions, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with on a straight-line basis over the balance to be paid to Landlordremaining term of this Lease from and after the date of the assignment, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any legal fees, tenant improvement, and other costs paid by Tenant or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, excepting only market rate leasing commissions and legal fees paidcommissions, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with on a straight-line basis over the balance to be paid to Landlordterm of the sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” "Assignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” "Excess Rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a fifty percent profit sharing clause, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third partyand Landlord shall share and share alike in any profit (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, market rate leasing commissions and legal fees paidas more particularly described herein. In the event Tenant or Tenant's successors sublease a portion of the Leased Premises, and tenant improvement costs incurred, in connection with "Excess Rentals" shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant's Successors agree that fifty percent of any Assignment Consideration and/or Excess Rentals hereunder after subtracting Tenant's Assignment/Subletting Costs shall then be the property of Landlord and not fifty percent of such shall be the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the assignment, any tenant improvement allowance and/or other out-of-pocket monetary inducements provided to such transferee by Tenant, reasonable fees of attorney(s) and design professionals incurred by Tenant in which case the amount thereof may be deducted connection with the balance transfer, and any amount payable to be paid Landlord under Paragraph 7.4(d) above with respect to Landlordsuch transfer, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment considerationAssignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentalsExcess Rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a fifty percent profit sharing clause, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third partyand Landlord shall share and share alike in any profit (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, market rate leasing commissions and legal fees paidas more particularly described herein. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, and tenant improvement costs incurred, in connection with “Excess Rentals” shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant’s Successors agree that fifty percent of any Assignment Consideration and/or Excess Rentals hereunder after subtracting Tenant’s Assignment/Subletting Costs shall then be the property of Landlord and not fifty percent of such shall be the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any costs or expenses incurred commissions paid by Tenant, the unamortized balance of any tenant improvements paid for by Tenant in connection with such assignment, except that and attorneys’s fees and other consultants’ fees reasonably and actually incurred by Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with such assignment (provided that such attorneys’ fees and other consultants’ fees shall not exceed $5,000 in the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlordaggregate), and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses incurred commissions paid by Tenant, the unamortized balance of any tenant improvements paid for by Tenant in connection with such sublease, except that and attorneys’s fees and other consultants’ fees reasonably and actually incurred by Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with such sublease (provided that such attorneys’ fees and other consultants’ fees shall not exceed $5,000 in the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordaggregate). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. If the assignment or sublease is made on a full-service, gross basis, then for purposes of calculating the assignment consideration or excess rent the full-service, gross rent amount shall be converted to a net rent amount.

Assignment Consideration And Excess Rentals Defined. For purposes of this ArticleARTICLE, including any amendment to this Article ARTICLE by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, except that during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant may deduct third partyat Tenant's sole cost and expense to prepare the Leased Premises for the assignee, market rate leasing commissions and legal fees paidbut without deduction for any other costs or expenses, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such subleasesublease and, except that during the first six (6) years of the Lease Term, the cost of tenant improvements made by Tenant may deduct third partyat Tenant's sole cost and expense to prepare the Leased Premises for the subtenant, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordor expenses. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article ARTICLE now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, after deduction for reasonable attorneys' fees, market rate leasing commissions incurred by Tenant and, subject to the limitation set forth in the final sentence of this Section 7.5, tenant inducement costs, but without deduction for any other costs or expenses whatsoever incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part a portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, after deduction for reasonable attorneys' fees, market rate leasing commissions incurred by Tenant and, subject to the limitation set forth in the final sentence of this Section 7.5, tenant inducement costs, but without deduction for any other costs or expenses whatsoever incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Notwithstanding anything to the contrary contained herein, tenant inducement costs may be deducted from assignment consideration or excess rentals only up to a maximum of $40,320 in the aggregate (for all assignments of this Lease or subleases of the Leased Premises) over the term of this Lease.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants’ fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for reasonable leasing commissions and reasonable legal fees paid by Tenant in connection with such assignment but without deductions for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, and other consultants’ fees) incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys' fees, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants' fees), and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such sublease, except that Tenant may deduct third partybut without deduction for any other costs or expenses(including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys' fees, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants' fees). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” "Assignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” "Excess Rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a fifty percent profit sharing clause, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third partyand Landlord shall share and share alike in any profits (after reasonable costs of subletting or assignment) as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, market rate leasing commissions and legal fees paidas more particularly described herein. In the event Tenant or Tenant's successors sublease a portion of the Leased Premises, and tenant improvement costs incurred, in connection with "Excess Rentals" shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square fee subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant's Successors agree that fifty percent of any Assignment Consideration and/or Excess Rentals hereunder after subtracting Tenant's Assignment/Subletting Costs shall then be the property of Landlord and not fifty percent of such shall be the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment considerationAssignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentalsExcess Rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, without deduction such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or “Excess Rentals” shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the lease, whether such property was installed or paid for any costs by Landlord or expenses incurred by Tenant in connection with such subleaseor Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with “Excess Rentals” shall he calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant’s Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any reasonable leasing commissions, reasonable tenant improvement costs or expenses and reasonable legal fees incurred by Tenant in connection with such assignment, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys’ fees, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlordother consultants’ fees), and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any reasonable leasing commissions, reasonable tenant improvement costs or expenses and reasonable legal fees incurred by Tenant in connection with such sublease, except that Tenant may deduct third partybut without deduction for any other costs or expenses (including, market rate leasing commissions and legal fees paidwithout limitation, capital improvements, building upgrades, permit fees, attorneys’ fees, and tenant improvement other consultants’ fees). Any commissions, costs incurred, and expenses deducted shall be amortized over the term of the sublease or the remainder of the Lease Term (in connection with the sublease, in which case of an assignment) and only the amount monthly amortizing portion thereof may shall be deducted with from the balance excess rentals and assignment consideration payable to be paid to LandlordLandlord under this Article 7. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the assignment, any tenant improvement allowance and/or other out-of-pocket monetary inducements provided to such transferee by Tenant, reasonable fees of attorney(s) and Building 3 design professionals incurred by Tenant in which case the amount thereof may be deducted connection with the balance transfer, and any amount payable to be paid Landlord under Paragraph 7.4(d) above with respect to Landlordsuch transfer, and (ii) the term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for any costs or expenses incurred by Tenant in connection with such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, paid and tenant improvement costs incurred, incurred in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlord. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except assignment (provided that Tenant may deduct the cost of third party, market rate leasing brokerage commissions and legal fees paidimprovements which are generic (and not specialized) in nature and are generally reusable by other likely tenants of the Leased Premises in Landlord's reasonable opinion, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with if the balance assignment is to be paid to Landlordan unaffiliated third party), and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for any commissions paid by Tenant or any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease, except sublease (provided that Tenant may deduct the cost of third party, market rate leasing brokerage commissions and legal fees paidimprovements which are generic (and not specialized) in nature and are generally reusable by other likely tenants of the Leased Premises in Landlord's reasonable opinion, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with if the balance sublease is to be paid to Landlordan unaffiliated third party),. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment consideration” "Assignment Consideration" shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentals” "Excess Rentals" shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same period. It is specifically intended and agreed that this provision is intended to be a one hundred percent profit sharing clause, without deduction such that neither Tenant nor any successor to Tenant shall make any profit whatsoever as a result of any transfer of an interest in the Lease or the Leased Premises or any other property, as more particularly described herein. Assignment Considerations and/or "Excess Rentals" shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, but not limited to, any payment made with respect to property which would or shall become Landlord's property upon the expiration or earlier termination of the lease, whether such property was installed or paid for any costs by Landlord or expenses incurred by Tenant in connection with such subleaseor Tenant's successors. In the event Tenant or Tenant's successors sublease a portion of the Leased Premises, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with "Excess Rentals" shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Subleasor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant's Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) , the term “assignment consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit as consideration for such assignment, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such assignmentassignment and, except that the cost of tenant improvements made by Tenant may deduct third partyat Tenant’s sole cost and expense to prepare the Leased Premises for the assignee, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the or expenses. The term “excess rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without after deduction for any costs or expenses reasonable leasing commissions and reasonable legal fees incurred by Tenant in connection with such subleasesublease and the cost of tenant improvements made by Tenant at Tenant’s sole cost and expense to prepare the Leased Premises for the subtenant, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement but without deduction for any other costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance to be paid to Landlordor expenses. Tenant agrees that the portion sixty-five percent (65%) of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Articlearticle, including any amendment to this Article by way of addendum or other writing: (i) the term “assignment considerationAssignment Consideration” shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit Assignee as consideration for such assignment, without deduction for any costs or expenses incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions assignment less reasonable real estate brokerage and legal fees paidfees, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “excess rentalsExcess Rentals” shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s behalf or for Tenant’s benefit for the sublease of all or any part of the Leased Premises Sublessee in excess of the rent due to Landlord under the terms of this Lease be paid by said Sublessee/Sublessor for the portion premises subleased for the same periodperiod less reasonable real estate brokerage and legal fees. Assignment Considerations and/or “Excess Rentals” shall include all payments made or to be made by any Assignee or Sublessee relating in any way to any transfer of an interest in the Lease or the Leased Premises including, without deduction but not limited to, any payment made with respect to property which would or shall become Landlord’s property upon the expiration or earlier termination of the lease, whether such property was installed or paid for any costs by Landlord or expenses incurred by Tenant in connection with such subleaseor Tenant’s successors. In the event Tenant or Tenant’s successors sublease a portion of the Leased Premises, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with “Excess Rentals” shall be calculated by subtracting the sublease, in which case rent payable by the amount thereof may be deducted with Sublessor for the balance portion of the Leased Premises so sublet from all consideration to be paid to Landlordby such Sublessee. Tenant agrees that Rent payable by the Sublessor for the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting the Leased Premises so sublet shall be calculated by Tenant multiplying the Base Monthly Rent payable by the Sublessor for the Leased Premises leased by such Sublessor by a fraction, the numerator of which is to be paid to Landlord pursuant to this Article now the area in square feet subleased and the denominator of which is the total floor area of the Leased Premises leased by such Sublessor also in square feet. Tenant and Tenant’s Successors agree that any Assignment Consideration and/or Excess Rentals hereunder shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (ia) the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, with a deduction for market rate leasing commissions incurred and paid by Tenant but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (iib) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part portion of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, with a deduction for market rate leasing commissions incurred and paid by Tenant but without deduction for any other costs or expenses (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease; provided, except however, that in order to defray some of the cost of Tenant's construction of the Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, Improvements in connection accordance with the subleaseWork Letter, Tenant shall be entitled to retain the first one dollar ($1.00) per month per square foot in which case Assignment Consideration or Excess Rentals. At the amount thereof may end of the 12th month after the Rent Commencement Date and at the end of each 12 month period thereafter (until the Lease Expiration Date), such $1.00 per month shall be deducted with the balance to be paid to Landlordincreased by 3.5% per annum compounded annually. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant.

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing: (i) the term “"assignment consideration” " shall mean all consideration to be paid by the assignee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit as consideration for such assignment, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such assignment, except that Tenant may deduct third party, market rate leasing commissions and legal fees paidassignment (not to exceed then standard rates), and tenant improvement costs incurred, in connection with the assignment, in which case the amount thereof may be deducted with the balance to be paid to Landlord, and (ii) the term “"excess rentals” " shall mean all consideration to be paid by the sublessee to Tenant or to any other party on Tenant’s 's behalf or for Tenant’s 's benefit for the sublease of all or any part of the Leased Premises in excess of the rent due to Landlord under the terms of this Lease for the portion subleased for the same period, without deduction for less any costs or expenses incurred commissions paid by Tenant in connection with to a licensed real estate broker for arranging such sublease, except that Tenant may deduct third party, market rate leasing commissions and legal fees paid, and tenant improvement costs incurred, in connection with the sublease, in which case the amount thereof may be deducted with the balance sublease (not to be paid to Landlordexceed then standard rates). Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant which is to be paid to Landlord pursuant to this Article now is and shall then be the property of Landlord and not the property of Tenant. Assignment Consideration and Excess Rentals shall also include: any consideration of any kind received, or to be received, by Tenant as a result of the Transfer, if such sums are related to Tenant's interest in this Lease or in the Premises, including payments from or on behalf of the transferee (in excess of the book value thereof) for Tenant's assets, fixtures, leasehold improvements, inventory, accounts, goodwill, equipment, furniture, and general intangibles.