SAMPLE CLAUSE ALLOCATING SUBLEASE/ASSIGNMENT PROFITS
TO THE LANDLORD
If Landlord shall consent to any assignment of this Lease, Tenant shall pay to Landlord, as additional rent, __________ percent (___%) of all sums and other considerations payable to and for the benefit of Tenant by the assignee on account of the assignment, as and when such sums and other consideration are due and payable by the assignee to or for the benefit of Tenant (or, if Landlord so requires, and without any release of Tenant's liability for the same, Tenant shall instruct the assignee to pay such sums and other consideration directly to Landlord). If for any proposed sublease Tenant receives rent or other consideration, either initially or over the term of the sublease, in excess of the rent called for hereunder or, in case of the sublease of a portion of the Premises, in excess of such rent fairly allocable to such portion, after appropriate adjustments to assure that all other payments called for hereunder are taken into account, Tenant shall pay to Landlord as additional rent hereunder __________ percent (___%) of the excess of each such payment of rent or other consideration received by Tenant promptly after its receipt.
Optional text allowing the tenant to recoup certain costs:
Notwithstanding the foregoing, prior to Landlord being entitled to any excess rent or other sums received by Tenant, Tenant shall be entitled to recover such amounts as it may have incurred in subleasing or assignment this lease, including leasing commissions, tenant improvement costs, reasonable legal fees, buy-out or lease takeover payments and rent payable during the period from Tenant's vacation of the Premises to such assignee or subtenant, commencement of paying rent and similar expenses payable in connection with such assignment or sublease.