NYC 9/11 Public Portal Document
(a) no subletting shall be for a term ending' later than one day prior to the
Expiration Date of this Lease;
(b) no sublease shall be valid, and no subtenant shall take possession of the
Demised Premises or any part thereof, until an executed counterpart of such sublease has been
delivered to Landlord; and
(c) each sublease shall provide that it is subject and subordinate to this Lease
and to the matters to which this Lease is or shall be subordinate, and that in the event of
termination, re-entry or dispossess by Landlord under this Lease Landlord may, at its option, take
over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such
subtenant shall at Landlord's option, attorn to Landlord pursuant to the then executory provisions
of such sublease, except that Landlord shall not (i) be liable for any previous act or omission of
Tenant under such sublease, (ii) be subject to any offset, not expressly provided in such sublease,
which theretofore accrued to such subtenant against Tenant, or (iii) be bound by any previous
modification of such sublease or by any previous prepayment of more than one month's rent.
(F) If the Landlord shall give its consent to any assignment of this Lease or to any
sublease. Tenant shall in consideration therefor, pay to'Landlord, as additional rent;
(a) in the case of an assignment, an amount equal to fifty (S0%) percent of all
sums and other considerations paid to Tenant by the assignee for or by reason of such assignment
(including, but not limited to, sums paid for the sale of Tenant's fixtures, leasehold
improvements, equipment, furniture, furnishings or other personal property, less, in the case of a
sale thereof, the then net unamdrtized or undepreciated cost thereof determined on the basis of
Tenant's federal income tax returns) after deducting Tenant’s Permitted Expenses (as hereinafter
defined); and
(b) in the case of a sublease, fifty (50%) percent of the Net Sublease Proceeds,
which shall mean any rents, additional charges or other consideratidn payable under the sublease
to Tenant by the subtenant which is in excess of the fixed rent and additional rent accruing during
the term of the sublease in respect of the subleased space (at the rate per square foot payable by
Tenant hereunder) pursuant to the terms hereof (including, but not limited to, sums paid for the
sale or rental of Tenant's fixtures, leasehold improvements, equipment, furniture or other
personal property, less, in the case of the sale thereof, the then net unamortized or undepreciated
cost thereof determined on the basis of Tenant’s federal income tax returns) after deducting
therefrom Tenant’s Permitted Expenses. The sums payable under this Paragraph (F)(b) shall be
paid to Landlord as and when paid by the subtenant to Tenant.
(c) For purposes of this Paragraph F, “Tenant’s Permitted Expenses’* shall
mean the aggregate of (1) brokerage commissions, reasonable legal fees and disbursements and
closing costs to third parties, reasonable advertising expenses, any amounts payable to Landlord
for reimbursement of costs incurred in connection with any proposed sublease or assignment, and
F:\CR\LHC\ 4219.1016\NEWLSE.FNL 41
NYC-WTC_000167112
OCR can misread numbers and units. Confirm readings against the page image before using them.