STORE, HANDLE, TREAT, GENERATE IN OR RELEASE OR DISPOSE OF FROM
THE PREMISES, TOGETHER WITH COPIES OF ALL DOCUMENTS RELATING TO SUCH USE,
STORAGE, HANDLING, TREATMENT, GENERATION, RELEASE OR DISPOSAL OF HAZARDOUS
MATERIALS BY THE PROPOSED ASSIGNEE OR SUBTENANT IN THE PREMISES OR ON THE
PROJECT, PRIOR TO THE PROPOSED ASSIGNMENT OR SUBLETTING, INCLUDING, WITHOUT
LIMITATION:
PERMITS; APPROVALS; REPORTS AND CORRESPONDENCE; STORAGE AND
MANAGEMENT PLANS; PLANS RELATING TO THE INSTALLATION OF ANY STORAGE TANKS TO BE
INSTALLED IN OR UNDER THE PROJECT BY SUCH ASSIGNEE OR SUBTENANT (PROVIDED, SAID
INSTALLATION OF TANKS SHALL ONLY BE PERMITTED AFTER LANDLORD HAS GIVEN ITS
WRITTEN CONSENT TO DO SO, WHICH CONSENT MAY BE WITHHELD IN LANDLORD'S SOLE AND
ABSOLUTE DISCRETION); AND ALL CLOSURE PLANS OR ANY OTHER DOCUMENTS REQUIRED BY
ANY AND ALL FEDERAL, STATE AND LOCAL GOVERNMENTAL AUTHORITIES FOR ANY STORAGE
TANKS INSTALLED IN, ON OR UNDER THE PROJECT, BY SUCH ASSIGNEE OR SUBTENANT, FOR
THE CLOSURE OF ANY SUCH TANKS. NEITHER TENANT NOR ANY SUCH PROPOSED ASSIGNEE OR
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SUBTENANT IS REQUIRED, HOWEVER, TO PROVIDE LANDLORD WITH ANY PORTION(S) OF THE
SUCH DOCUMENTS CONTAINING INFORMATION OF A PROPRIETARY NATURE WHICH, IN AND OF
THEMSELVES, DO NOT CONTAIN A REFERENCE TO ANY HAZARDOUS MATERIALS OR HAZARDOUS
ACTIVITIES.
(D)
NO RELEASE OF TENANT, SHARING OF EXCESS RENTS. NOTWITHSTANDING ANY
ASSIGNMENT OR SUBLETTING, TENANT AND ANY GUARANTOR OR SURETY OF TENANT'S
OBLIGATIONS UNDER THIS LEASE SHALL AT ALL TIMES REMAIN FULLY AND PRIMARILY
RESPONSIBLE AND LIABLE FOR THE PAYMENT OF RENT AND FOR COMPLIANCE WITH ALL OF
TENANT'S OTHER OBLIGATIONS UNDER THIS LEASE. EXCEPT IN THE CASE OF A PERMITTED
ASSIGNMENT, IF THE RENTAL AMOUNT RECEIVED BY TENANT FROM A SUBLESSEE OR ASSIGNEE
(OR A COMBINATION OF THE RENTAL RECEIVED PURSUANT TO SUCH SUBLEASE OR ASSIGNMENT
PLUS ANY BONUS OR OTHER CONSIDERATION THEREFOR IN ANY FORM, EXCLUSIVE OF THE
REASONABLE SALES PRICE OF TENANT'S PROPERTY) EXCEEDS THE SUM OF THE RENT PAYABLE
BY TENANT UNDER THIS LEASE (WHICH SHALL EXCLUDE, HOWEVER, ANY RENT PAYABLE UNDER
THIS SECTION 22(D)) AND ACTUAL AND REASONABLE BROKERAGE FEES, LEGAL COSTS, COSTS
PAID TO LANDLORD PURSUANT TO ITS CONSENT TO SUCH SUBLETTING OR ASSIGNMENT, AND
ANY DESIGN OR CONSTRUCTION FEES AND COSTS DIRECTLY RELATED TO AND REQUIRED
PURSUANT TO THE TERMS OF ANY SUCH SUBLEASE), THEN TENANT SHALL BE BOUND AND
OBLIGATED TO PAY LANDLORD AS ADDITIONAL RENT HEREUNDER FIFTY PERCENT (50%) OF
SUCH NET RENTAL AMOUNT RECEIVED BY TENANT IN EXCESS OF TENANT'S RENT ("EXCESS
RENT") WITHIN TEN (10) DAYS FOLLOWING RECEIPT THEREOF BY TENANT. NOTWITHSTANDING
THE FOREGOING, UPON AND AFTER A DEFAULT TENANT SHALL BE BOUND AND OBLIGATED TO
PAY LANDLORD AS ADDITIONAL RENT HEREUNDER ONE HUNDRED PERCENT (100%) OF EXCESS
RENT WITHIN 10 DAYS FOLLOWING RECEIPT THEREOF BY TENANT. NOTWITHSTANDING THE
FOREGOING, THE CALCULATION OF EXCESS RENT SHALL BE DETERMINED BY THE AGGREGATE
INCOME AND EXPENSE ATTRIBUTABLE TO ALL SUBLEASES AND ASSIGNMENTS OF TENANT AT
THE PROPERTY AT THE TIME OF SUCH DETERMINATION. IF TENANT SHALL SUBLET THE
PREMISES OR ANY PART THEREOF, TENANT HEREBY