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, 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 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, and 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 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. 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.

Appears in 4 contracts

Sources: Lease Agreement (Jazz Semiconductor Inc), Lease Agreement (Jazz Semiconductor Inc), Lease Agreement (Jazz Semiconductor Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this the Article, including any amendment to this Article by way of addendum or other writing, 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 less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and the term "excess rentals" shall mean all consideration to be paid by the sublessee subleases to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, not to exceed then standard rates) and other consultants' fees) incurred the cost of improvements made to the subleased premises by Tenant in connection with such subleaseat its expense for the purpose of subleasing. 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.

Appears in 4 contracts

Sources: Industrial Space Lease (Mattson Technology Inc), Industrial Space Lease (Atroad Inc), Industrial Space Lease (Mattson Technology Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, 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 less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' feesnot to exceed then standard rates) incurred by Tenant in connection with such assignment(see attached), and 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 portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (includingnot to exceed then standard rates) (see attached), without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such sublease. Tenant agrees that the portion of any assignment consideration and/or excess rentals arising from any and 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 Landlord' and not the property of Tenant.

Appears in 2 contracts

Sources: Industrial Space Lease (Asyst Technologies Inc /Ca/), Industrial Space Lease (Asyst Technologies Inc /Ca/)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, 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 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, and 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 portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without after deduction for any reasonable third party leasing commissions and any reasonably necessary tenant improvements paid for by Tenant or but without deductions 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. 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.

Appears in 2 contracts

Sources: Lease Agreement (Vantive Corp), Lease Agreement (Vantive Corp)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, the term "assignment consideration" shall mean all consideration to be paid by the assignee to Tenant Lessee or to any other party on TenantLessee's behalf or for TenantLessee's benefit as consideration for such assignment, without deduction for less any commissions paid by Tenant or any other costs or expenses Lessee to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and the term "excess rentals" shall mean all consideration to be paid by the sublessee to Tenant Lessee or to any other party on TenantLessee's behalf or for TenantLessee's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord Lessor under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses Lessee to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such subleasenot to exceed then standard rates). Tenant Lessee agrees that the portion of any assignment consideration and/or excess rentals arising from any assignment or subletting by Tenant Lessee which is to be paid to Landlord Lessor pursuant to this Article now is and shall then be the property of Landlord Lessor and not the property of TenantLessee.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Silicon Image Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this the Article, including any amendment to this Article by way of addendum or other writing, the term "assignment considerationConsideration" 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 less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such, assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and the term "excess rentals" shall mean all consideration to be paid by the sublessee subleases to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' feesnot to exceed then standard rates), and other consultants' fees) incurred by Tenant in connection with such subleaseany unamortized cost of Tenant's costs for interior improvements. 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.

Appears in 1 contract

Sources: Industrial Space Lease (Gatefield Corp)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, 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 with deduction for any only (i) reasonable and customary commissions paid incurred by Tenant or in connection with such assignment and (ii) any other reasonable and customary tenant improvement 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, and 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 portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without with deduction for any only (i) reasonable and customary commissions paid by Tenant or and (ii) any other reasonable and customary tenant improvement 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. 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.

Appears in 1 contract

Sources: Lease Agreement (Va Linux Systems Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, 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 commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and the term "excess rentals" shall mean 95% of 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 portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such subleasenot to exceed 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.

Appears in 1 contract

Sources: Consent to Sublease (Alphasmart Inc)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, 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 less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and the term "excess rentals" shall mean all consideration to be paid by the sublessee sublessees to Tenant or to any other party on Tenant's behalf or for Tenant's benefit for the sublease of all or any portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such subleasenot to exceed 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.. Notwithstanding anything to the contrary, the following costs shall be deducted from (a) all consideration received by Tenant with respect to an assignment and (b) all consideration in excess of rent due to Landlord under the Lease for the same period with respect to subletting, to determine the meaning of the terms "assignment consideration" or "excess rentals":

Appears in 1 contract

Sources: Industrial Space Lease (Avant Corp)

Assignment Consideration And Excess Rentals Defined. For purposes of this Article, including any amendment to this Article by way of addendum or other writing, 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 less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such assignment (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such assignmentnot to exceed then standard rates), and 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 portion of the Leased Premises in excess of the Rent rent due to Landlord under the terms of this Lease for the portion so subleased for the same period, without deduction for less any commissions paid by Tenant or any other costs or expenses to a licensed real estate broker for arranging such sublease (including, without limitation, tenant improvements, capital improvements, building upgrades, permit fees, attorneys' fees, and other consultants' fees) incurred by Tenant in connection with such subleasenot to exceed 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 improvemetns, inventory, accounts, goodwill, equipment, furniture, and general intangibles.

Appears in 1 contract

Sources: Industrial Space Lease (Efficient Networks Inc)