End of Term. A. Provided that Tenant holds over in excess of 30 days, Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon the expiration or earlier termination of this Lease, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive the expiration or earlier termination of this Lease. B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages. C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 5 contracts
Samples: Standard Office Lease, Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
End of Term. A. Provided that Tenant holds over in excess 16.1 At the end of 30 daysthe Term, Tenant hereby agrees shall promptly quit and surrender the Premises broom-clean and in good order and repair, ordinary wear and tear and damage from casualty which Tenant is not required by other provisions of this Lease to indemnify repair excepted. If Tenant is not then in default, Tenant shall have the right to remove from the Premises any Removable Trade Fixtures (as defined in Section 14.1 (b)), unattached equipment, and save Owner harmless against movable furniture placed in the Premises by Tenant. Whether or not Tenant is in default, Tenant shall remove such Alterations, equipment, and furniture as Landlord has required under Article 14. Tenant shall fully and properly repair any damage occasioned by the removal of any Removable Trade Fixtures, equipment, furniture and Alterations. All trade fixtures, equipment, furniture, inventory, effects and Alterations left on the Premises after the end of the Term shall be deemed conclusively to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without written notice to Tenant or any other person and without obligation to account for them. Alternatively, Landlord, at its option, shall have the right to declare the Term to be continuing until all costs, expenses, claims, losses or liability resulting from delay such property is removed and the Premises surrendered to Landlord in the condition required by Tenant in surrendering the Demised Premises upon the expiration or earlier termination of this Lease, and Monthly Rent (Tenant’s Holdoverat the rate specified in Section 27.11) including without limitation (i) any payment or rent concession which Owner may and Additional Rent shall continue to accrue and shall be required to make to any tenant obtained by Owner payable upon demand. Tenant shall pay Landlord for all expenses incurred in connection with the removal of such property, including but not limited to the cost of repairing any damage to the Building or any part Premises caused by the removal of the Premises in order such property. Tenant's obligation to induce such tenant not to terminate its lease by reason of the holding-over by Tenant observe and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity perform this covenant shall survive the expiration or earlier other termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 4 contracts
Samples: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc)
End of Term. A. Provided Section 20.1 Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom-clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of Tenant’s Property and the Designated Alterations from the Premises as required under Section 3.3, and this obligation shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any Person claiming through or under Tenant, any rights which Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20.
Section 20.2 Tenant acknowledges that Tenant holds over or any subtenant of Tenant remaining in excess possession of 30 days, Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon after the expiration or earlier termination of this LeaseLease would create an unusual hardship for Landlord and for any prospective tenant. Tenant, (therefore, covenants that if for any reason Tenant or any subtenant of Tenant shall fail to vacate and surrender possession of the Premises or any part thereof on or before the expiration or earlier termination of this Lease and the Term, then Tenant’s Holdover) including continued possession of the Premises shall be as a “month-to-month” tenant, during which time, without limitation prejudice and in addition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over, an amount equal to (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part one hundred fifty percent (150%) of the Premises in order total monthly amount of Fixed Rent and Additional Rent payable hereunder immediately prior to induce such tenant not to terminate its lease by reason of termination (the holding-over by “Existing Rent”) for the first thirty (30) days during which Tenant holds over, and (ii) the loss two hundred percent (200%) of the benefit Existing Rent thereafter. The provisions of this Section 20.2 shall not in any way be deemed to (a) permit Tenant to remain in possession of the bargain if Premises after the Expiration Date or sooner termination of this Lease or (b) imply any such tenant shall terminate its lease right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by reason Landlord of payments from Tenant after the Expiration Date or sooner termination of the holding-over Term shall be deemed to be other than on account of the amount to be paid by Tenant and (iii) any claims made by any succeeding tenant founded on such delayin accordance with the provisions of this Article 20. Such indemnity Tenant’s obligations under this Article shall survive the expiration or earlier termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 4 contracts
Samples: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)
End of Term. A. Provided that Tenant holds over Lessee shall surrender the Premises to Lessor at the expiration or sooner termination of this Lease in excess of 30 daysgood order and condition, Tenant hereby agrees to indemnify except for reasonable wear and tear and damage by condemnation, fire or other casualty. Lessee shall indemnify, defend and save Owner Lessor harmless against all costs, expenses, claims, losses loss or liability resulting from delay by Tenant Lessee in so surrendering the Demised Premises upon the expiration or earlier termination of this LeasePremises, (Tenant’s Holdover) including including, without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive The parties recognize and agree that the damage to Lessor resulting from any failure by Lessee timely to surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the Fixed Annual Rent theretofore payable hereunder, and accurate measurement will be impossible. Lessee therefore agrees that if possession of the Premises is not surrendered to Lessor on the date of the expiration or earlier sooner termination of this Lease.
B. Tenant agrees that losses , then, unless Lessor shall have consented to Owner resulting from TenantLessee’s Holdover will be very substantialholding over, exceed the amount Lessee shall pay Lessor as liquidated damages for each month and for each portion of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant any month prorated on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or daily basis, during which Lessee holds over in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises Premises after expiration or termination of the term of this Lease without consent, a sum equal to two times the Fixed Annual Rent and additional rent which was payable per month under this Lease during the last month of the terms thereof. Any personal property remaining in the Premises after the expiration or sooner termination of the term of this Lease shall be deemed to be abandoned property at the option of Lessor. The aforesaid provision of this Section shall survive the expiration or sooner termination of this Lease.
Appears in 3 contracts
Samples: Office Lease Agreement (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.)
End of Term. A. Provided that Tenant holds over in excess of 30 days, Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon the expiration or earlier termination of this Lease, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner Landlord may be required to make to any tenant obtained by Owner Landlord for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive the expiration or earlier termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he be deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half three (3) times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 3 contracts
Samples: Office Lease, Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
End of Term. A. Provided that Tenant holds over in excess Upon the expiration or other termination of 30 daysthis Lease, Tenant hereby shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Owner Landlord harmless from and against all costs, expenses, claims, losses or liability losses, damages, liabilities, costs and expenses (including, without limitation, attorneys' fees and disbursements) resulting from delay by Tenant in so surrendering the Demised Premises upon the expiration or earlier termination of this LeasePremises, (Tenant’s Holdover) including including, without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive The parties recognize and agree that the expiration or earlier termination of this Lease.
B. Tenant agrees that losses damage to Owner Landlord resulting from Tenant’s Holdover any failure by Tenant to timely surrender possession of the Premises as aforesaid will be very extremely substantial, will exceed the amount of the monthly installments of the Fixed Annual Base Rent and Rental theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrender the Premises as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Thereforeprovided herein, if Tenant shall fail pay to vacate Landlord on account of use and surrender occupancy of the Demised Premises as required hereunderfor each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent sum equal to one and one half the greater of (i) two (2) times the monthly rate aggregate of all that portion of the Fixed Annual Base Rent, Escalation Rent as adjusted and additional rent Rental which was payable for under this Lease during the last month of the term hereofTerm, and (ii) the then fair market rental value for the Premises. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and Nothing herein contained shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting deemed to permit Tenant to hold over in retain possession of the demised premises Premises after expiration the Expiration Date or termination to limit in any manner Landlord's right to regain possession of the term Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this LeaseArticle 20. The provisions of this Article 20 shall survive the Expiration Date.
Appears in 3 contracts
Samples: Lease Agreement (Xoom Inc), Lease Agreement (Musicmaker Com Inc), Lease Agreement (NBC Internet Inc)
End of Term. A. Provided Upon the expiration or other termination of the Term, Tenant shall quit and surrender to Landlord the Premises, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible for under the terms of this Lease excepted, and Tenant may remove all of its property pursuant to Article 3 hereof. Tenant shall not be required to restore the Premises except with respect to any Alterations that Landlord has designated as “Specialty Alterations” in accordance with Article 3. Tenant’s obligation to observe or perform this covenant shall survive the expiration or sooner termination of the Term. If the last day of the Term or any renewal thereof falls on Saturday or Sunday this Lease shall expire on the business day immediately preceding. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force and effect in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 21. In addition, the parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord by Tenant or any subtenant or other occupant within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in excess the Premises after the Expiration Date or sooner termination of 30 daysthis Lease, a sum equal to the greater of (i) two (2) times the aggregate of that portion of the Rent and all additional rent which was payable under this Lease during the last month of the Term, or (ii) the then Fair Market Value of the Premises, as determined by Landlord. Landlord may consider items of Tenant’s Property that remain in the Premises after the expiration or earlier termination of the Term to have been abandoned. In that event, Landlord may, at its option either (x) retain such items as its property or dispose of them without accountability or liability, and in any such manner as Landlord shall determine, all at Tenant’s expense, or (y) remove and store such items for Tenant. Tenant hereby agrees to indemnify shall reimburse Landlord for the reasonable expenses incurred in connection with such disposal or removal and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering storage within 20 days after receipt for an invoice therefor. The provisions of this Article 21 shall survive the Demised expiration of the Term. If the Premises are not surrendered upon the expiration or earlier termination of this Lease, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner may be required Lease with respect to make to any tenant obtained by Owner for all or any part portion of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over Premises, Tenant hereby indemnifies Landlord against loss, cost, injury, damage, claim, expense, or liability (including attorneys’ fees and disbursements) resulting from delay by Tenant and (ii) in so surrendering the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) same, including any claims made by any succeeding tenant or prospective tenant founded on upon such delay. Such indemnity Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the expiration Expiration Date or earlier sooner termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)
End of Term. A. Provided that Tenant holds over in excess of 30 days, Tenant hereby agrees Lessee shall surrender the premises to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon Lessor at the expiration or earlier termination of this Lease with premises in as good order and condition as they were delivered to Lessee at the commencement of this Lease, except for reasonable wear and tear and damage by fire or other casualty in accordance with paragraph 11 of this Lease. Any defects in the premises discovered by Lessee within thirty (Tenant’s Holdover30) including without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part days of the Premises in order to induce such tenant not to terminate Commencement Date shall be listed on an exhibit by Lessee, acknowledged by Lessor and attached hereto. Lessee shall also (except as otherwise provided herein) remove all of its lease by reason personal property from the premises at the expiration of the holding-over term of this Lease and restore the premises to their original condition, except for Landlord approved improvements, reasonable wear and tear and damage by Tenant fire and (ii) the loss other casualty. Lessee acknowledges that possession of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive premises must be surrendered to Lessor at the expiration or earlier termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or sooner termination of the term of this Lease.. Lessee agrees it shall indemnify and save Lessor harmless against all cost, claims, loss or liability resulting from delay by Lessee in so surrendering the premises, including without limitation, any claims made by any succeeding Lessee rounded on such delay. The parties recognize and agree that the damage to Lessor resulting from any failure by Lessee to timely surrender possession of the premises as aforesaid will be substantial, will exceed the amount of monthly rent therefore payable hereunder, and accurate measurement will be impossible. Lessee therefore agrees that if possession or the premises is not surrendered to Lessor on the date of the expiration or sooner termination of this Lease, then Lessee agrees to pay Lessor as liquidated damages for each month, and for each portion or any month pro-rated on a daily basis, during which Lessee holds over in the premises alter the expiration or termination or the term of this Lease, as sum equal to two (2) times the average rent and additional rent which was payable per month under this Lease during the last six months of the term thereof;
Appears in 2 contracts
Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.), Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
End of Term. A. Provided that (a) At the termination or expiration of the Lease Term, Tenant holds shall surrender the Leased Premises to Landlord in as good condition and repair as at the Commencement Date, reasonable wear and tear excepted, and will leave the Leased Premises broom-clean.
(b) If Tenant remains in possession of the Leased Premises after the expiration of this Lease without the written permission of Landlord, such holding over shall be construed to be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Tenant shall pay Landlord Base Rent for the period of its old over in excess an amount equal to 125% of 30 daysBase Rent in effect immediately prior to the expiration of this Lease together with Additional Rent. Such tenancy at sufferance shall be subject to every other term, covenant and agreement contained herein; provided, however, in no event shall any renewal or expansion option, option to purchase, or other similar right or option contained in this Lease or any amendment hereto be deemed applicable to any such tenancy at sufferance. Nothing contained in this Section 19(b) shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant surrender possession of the Leased Premises to Landlord as provided in surrendering the Demised Premises this Lease upon the expiration or earlier other termination of this Lease. The provisions of this Section 19(c) shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Leased Premises upon the termination or expiration of this Lease, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner may be required to make in addition to any tenant obtained by Owner for other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all or any part loss, costs (including reasonable attorney fees) and liability resulting from such failure, including, without limiting the generality of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) foregoing, any claims made by any succeeding tenant founded on upon such delay. Such indemnity shall survive the expiration or earlier termination of this Leasefailure to surrender, and any lost profits to Landlord resulting therefrom.
B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (Traeger, Inc.)
End of Term. A. Provided that Owner gives Tenant holds over in excess of not less than 30 days’ notice that Owner is negotiating with a successor tenant, Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon the expiration or earlier termination of this Lease, (Tenant’s 's Holdover) including without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive the expiration or earlier termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s 's Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he be deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half (1.5) times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereofhereof (prorated for any partial month). The collection of the aforesaid rent shall not act to limit Owner’s 's rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 2 contracts
Samples: Sublease Agreement (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)
End of Term. A. Provided Lessee shall surrender the premises to Lessor at the expiration of this Lease with premised in as good order and condition as they were delivered to Lessee at the commencement of this Lease, except for reasonable wear and tear and damage by fire or other casualty in accordance with paragraph 11 of this Lease. Any defects in the premises discovered by Lessee within thirty (30) days of the Commencement Date shall be listed on an exhibit by Lessee, acknowledged by Lessor and attached hereto. Lessee shall also (except as otherwise provided herein) remove all of its personal property from the premises at the expiration of the term of this Lease and restore the premises to their original condition, except for reasonable wear and tear and damage by fire and other casualty. Lessee acknowledges that Tenant holds over in excess possession of 30 days, Tenant hereby the premises must be surrendered to Lessor at the expiration or sooner termination of the term of this Lease. Lessee agrees to it shall indemnify and save Owner Lessor harmless against all costs, expensescost, claims, losses loss or liability resulting from delay by Tenant Lessee in so surrendering the Demised Premises upon the expiration or earlier termination of this Leasepremises, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive The parties recognize and agree that the damage to Lessor resulting from any failure by Lessee to timely surrender possession of the premises as aforesaid will be substantial, will exceed the amount of monthly rent therefore payable hereunder, and accurate measurement will be impossible. Lessee therefore agrees that if possession of the premises is not surrendered to Lessor on the date of the expiration or earlier sooner termination of this Lease.
B. Tenant , then Lessee agrees that losses to Owner resulting from Tenant’s Holdover will be very substantialpay Lessor as liquidated damages for each month, exceed the amount and for each portion of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant any month pro-rated on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or daily basis, during which Lessee holds over in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after the expiration or termination of the term of this Lease, as sum equal to two (2) times the average rent and additional rent which was payable per month under this Lease during the last six months of the term thereof.
Appears in 2 contracts
Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.), Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
End of Term. A. Provided that Tenant holds over in excess of 30 days, Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon Upon the expiration or earlier other termination of this Lease, (Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. Tenant expressly waives, for itself and for any person claiming through or under Tenant’s Holdover) including without limitation (i) , any payment or rent concession rights which Owner may be required to make to any tenant obtained by Owner for all Tenant or any part such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20 with respect to the originally stated Expiration Date. Tenant acknowledges that possession of the Premises in order must be surrendered to induce such tenant not Landlord on the Expiration Date. The parties recognize and agree that the damage to terminate its lease Landlord resulting from any failure by reason Tenant to timely surrender possession of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive the expiration or earlier termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s Holdover Premises as aforesaid will be very extremely substantial, will exceed the amount of the monthly installments of the Fixed Annual Base Rent and Escalation Rent theretofore payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to surrender the Premises as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Thereforeprovided herein, if Tenant shall fail pay to vacate Landlord on account of use and surrender occupancy of the Demised Premises as required hereunderfor each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent sum equal to (a) one and one one-half (1½) times the monthly rate aggregate of all that portion of the Fixed Annual Base Rent as adjusted and additional rent Escalation Rent which were payable for under this Lease during the last month of the term hereof. The collection Term for each month of such holdover during the period commencing on the Expiration Date and ending sixty (60) days after the Expiration Date (the “First Holdover Period”) and (b) two (2) times the aggregate of that portion of the aforesaid rent Fixed Rent, Escalation Rent and other items of Rental which were payable under this Lease during the last month of the Term for each month of such holdover during the period commencing on the day next succeeding the end of the First Holdover Period and ending on the day on which Tenant shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to surrender the Premises in accordance with the terms and conditions of this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and Lease. Nothing herein contained shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting deemed to permit Tenant to hold over in retain possession of the demised premises Premises without written consent after expiration the Expiration Date or termination to limit in any manner Landlord’s right to regain possession of the term Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this LeaseArticle 20. The provisions of this Article 20 shall survive the Expiration Date.
Appears in 1 contract
Samples: Lease Agreement (Kbw, Inc.)
End of Term. A. Provided that In the event Tenant holds over in excess of 30 days, Tenant hereby agrees fails to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering surrender the Demised Premises upon to Landlord in the condition required by the terms of this lease on or before the expiration or earlier termination of this Leaselease, Tenant shall: one hundred fifty (Tenant’s Holdover150%) including without limitation percent of the Rent payable by Tenant for the third month prior to the Expiration Date, with respect to the first two months of holdover only, and two hundred (i200%) percent of the Rent payable by Tenant for the third month prior to the Expiration Date of the term of this lease with respect to any further holdover, and otherwise observe, fulfill and perform all of its obligations under this lease, including, but not limited to, those pertaining to additional rent, in accordance with its terms; (ii) be liable to Landlord for any payment or rent concession which Owner Landlord may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its an executed lease covering all or any portion of the Demised Premises by reason of the holding-over holdover by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant Tenant; and (iii) be liable to Landlord for any claims made actual damages suffered by Landlord (including any succeeding tenant founded on such delay. Such indemnity shall survive reasonable attorneys? fees and disbursements) as the expiration or earlier termination result of this Lease.
B. Tenant agrees that losses Tenant?s failure to Owner resulting from Tenant’s Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises. Notwithstanding anything contained in this Paragraph to the contrary, the acceptance of any Rent or use and occupancy paid by Tenant pursuant to this Paragraph 52, shall not preclude Landlord from commencing and prosecuting a holdover or eviction action or proceeding or any action or proceeding in the nature thereof. The provisions of this Paragraph 52 shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force, in connection with any holdover or summary proceeding which Landlord may institute to regain possession of the Demised Premises. No holding over by Tenant after the Term shall operate to extend the Term. The holdover, with respect to all or any part of the Demised Premises, of a person deriving an interest in the Demised Premises as required hereunderfrom or through Tenant, it including, but not limited to, an assignee or subtenant, shall he be deemed a holdover by Tenant on a month-to-month basis in the entire Demised Premises. If at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for any time during the last month of the term hereof. The collection Term Tenant shall have removed all or substantially all of Tenant's property from the aforesaid rent Demised Premises, Landlord may, and Tenant hereby irrevocably grants to Landlord a license to, immediately enter and alter, renovate and redecorate the Demised Premises, without elimination, diminution or abatement of Rent, or incurring liability to Tenant for any compensation, and such acts shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to have no effect upon this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damageslease.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 1 contract
End of Term. A. Provided that Tenant holds over in excess Upon the expiration or other termination of 30 daysthis Lease, Tenant hereby shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear, damage by fire or other casualty and other damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3 hereof. Tenant expressly waives, for itself and for any person claiming through or under Tenant, any rights which Tenant or any such person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which Landlord may institute to enforce the foregoing provisions of this Article 20 with respect to the originally stated Expiration Date. Tenant acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Owner Landlord harmless from and against all costs, expenses, claims, losses or liability losses, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the Demised Premises upon the expiration or earlier termination of this LeasePremises, (Tenant’s Holdover) including including, without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive The parties recognize and agree that the expiration or earlier termination of this Lease.
B. Tenant agrees that losses damage to Owner Landlord resulting from Tenant’s Holdover any failure by Tenant to timely surrender possession of the Premises as aforesaid will be very extremely substantial, will exceed the amount of the monthly installments of the Fixed Annual Base Rent and Escalation Rent theretofore payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on or before the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to surrender the Premises as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Thereforeprovided herein, if Tenant shall fail pay to vacate Landlord on account of use and surrender occupancy of the Demised Premises as required hereunderfor each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent sum equal to one and one half two (2) times the monthly rate aggregate of all that portion of the Fixed Annual Base Rent, Escalation Rent as adjusted and additional rent other items of Rental which were payable for under this Lease during the last month of the term hereofTerm. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and Nothing herein contained shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting deemed to permit Tenant to hold over in retain possession of the demised premises Premises without written consent after expiration the Expiration Date or termination to limit in any manner Landlord’s right to regain possession of the term Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this LeaseArticle 20. The provisions of this Article 20 shall survive the Expiration Date.
Appears in 1 contract
End of Term. A. Provided that Tenant holds over in excess of 30 days, Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon the expiration or earlier termination of this Lease, (Tenant’s 's Holdover) including without limitation (i) any payment or rent concession which Owner Landlord may be required to make to any tenant obtained by Owner Landlord for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive the expiration or earlier termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s 's Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he be deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half (1-1/2) times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s 's rights to institute summary proceedings to obtain possession or pursuant to this Article 62 60 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
Appears in 1 contract
End of Term. A. Provided that Tenant holds over in excess 23.01 Upon the expiration or other termination of 30 daysthe term of this Lease, Tenant hereby shall quit and surrender to Landlord the demised premises, broom clean, in good order and condition, ordinary wear and tear and damage by fire, the elements or other casualty excepted, and Tenant shall remove all of its property as herein provided. Tenant agrees to it shall indemnify and save Owner Landlord harmless against all costs, expenses, claims, losses loss or liability resulting from delay by Tenant in so surrendering the Demised Premises upon the expiration or earlier termination of this Leasepremises, (Tenant’s Holdover) including including, without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive Additionally, the expiration or earlier termination of this Lease.
B. Tenant agrees parties recognize and agree that losses other damage to Owner Landlord resulting from Tenant’s Holdover any failure by Tenant to timely surrender the premises will be very substantial, will exceed the amount of Fixed Annual Base Rent as adjusted monthly rent theretofore payable hereunder, and additional rent payable hereunder and will be difficult impossible of accurate measurement. Therefore, Tenant therefore agrees that if Tenant shall fail possession of the premises is not surrendered to vacate and surrender Landlord within ten (10) days after the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times date of the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month expiration or sooner termination of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this lease, a sum equal to two times the average rent and additional rent which was payable per month under this lease during the last six months of the term thereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Gantos Inc)
End of Term. A. Provided Lessee shall surrender the premises to Lessor at the expiration of this Lease with premises in as good order and condition as they were delivered to Lessee at the commencement of this Lease, except for reasonable wear and tear and damage by fire or other casualty in accordance with paragraph II of this Lease. Any defects in the premises discovered by Lessee within thirty (30) days of the Commencement Date shall be listed on an exhibit by Lessee, acknowledged by Lessor and attached hereto. Lessee shall also (except as otherwise provided herein) remove all of its personal property from the premises at the expiration of the term of this Lease and restore the premises to their original condition, except for Lessor approved improvements, reasonable wear and tear and damage by fire and other casualty. Lessee acknowledges that Tenant holds over in excess possession of 30 days, Tenant hereby the premises must be surrendered to Lessor at the expiration or sooner termination of the term of this Lease. Lessee agrees to it shall indemnify and save Owner Lessor harmless against all costs, expensescost, claims, losses loss or liability resulting from delay by Tenant Lessee in so surrendering the Demised Premises upon the expiration or earlier termination of this Leasepremises, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant Lessee founded on such delay. Such indemnity shall survive The parties recognize and agree that the damage to Lessor resulting from any failure by Lessee to timely surrender possession of the premises as aforesaid will be substantial, will exceed the amount of monthly rent therefore payable hereunder, and accurate measurement will be impossible. Lessee therefore agrees that if possession of the premises is not surrendered to Lessor on the date of the expiration or earlier sooner termination of this Lease.
B. Tenant , then Lessee agrees that losses to Owner resulting from Tenant’s Holdover will be very substantialpay Lessor as liquidated damages for each month, exceed the amount and for each portion of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he deemed a holdover Tenant any month pro-rated on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or daily basis, during which Lessee holds over in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after the expiration or termination of the term of this Lease., as sum equal to two (2) times the average rent and additional rent which was payable per month under this Lease during the last six months of the term thereof
Appears in 1 contract
Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
End of Term. A. Provided that Tenant holds over in excess 23.1 Upon the expiration or other termination of 30 daysthe term of this Lease, Tenant hereby shall quit and surrender to Landlord the demised premises, broom clean, in good order and condition, ordinary wear and tear and damage by fire, the elements or other casualty excepted, and Tenant shall remove all of its property as herein provided. Tenant agrees to it shall indemnify and save Owner Landlord harmless against all costs, expenses, claims, losses loss or liability resulting from delay by Tenant in so surrendering the Demised Premises upon the expiration or earlier termination of this Leasepremises, (Tenant’s Holdover) including including, without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive Additionally, the expiration or earlier termination of this Lease.
B. Tenant agrees parties recognize and agree that losses other damage to Owner Landlord resulting from Tenant’s Holdover any failure by Tenant to timely surrender the premises will be very substantial, will exceed the amount of Fixed Annual Base Rent as adjusted monthly rent theretofore payable hereunder, and additional rent payable hereunder and will be difficult impossible of accurate measurement. Therefore, Tenant therefore agrees that if Tenant shall fail possession of the premises is not surrendered to vacate and surrender Landlord within one (1) day after the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times date of the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month expiration or sooner termination of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this lease, a sum equal to one and a half the average rent and additional rent which was payable per month under this lease during the last six months of the term thereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this Lease.
Appears in 1 contract
End of Term. A. Provided Upon the expiration or other termination of this Lease, Tenant shall quit and surrender to Landlord the Premises, vacant, broom clean, in good order and condition, ordinary wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted, and otherwise in compliance with the provisions of Article 3. If the last day of the Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the Business Day immediately preceding. Tenant expressly waives, for itself and for any Person claiming by, through or under Tenant, any rights that Tenant holds over or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and/or any Requirement of similar purpose and import in excess connection with any holdover summary proceedings that Landlord may institute to enforce the foregoing provisions of 30 days, this Article 20. Tenant hereby acknowledges that possession of the Premises must be surrendered to Landlord on the Expiration Date. Tenant agrees to indemnify and save Owner Landlord harmless from and against all costs, expenses, claims, losses or liability losses, damages, liabilities, costs and expenses (including attorneys’ fees and disbursements) resulting from delay by Tenant in so surrendering the Demised Premises upon the expiration or earlier termination of this LeasePremises, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive The parties recognize and agree that the expiration or earlier termination of this Lease.
B. Tenant agrees that losses damage to Owner Landlord resulting from Tenant’s Holdover any failure by Tenant to timely surrender possession of the Premises as aforesaid will be very extremely substantial, will exceed the amount of the monthly installments of the Fixed Annual Base Rent and Rental theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date, in addition to any other rights or remedies Landlord may have hereunder or at law or in equity, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to surrender the Premises as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Thereforeprovided herein, if Tenant shall fail pay to vacate Landlord on account of use and surrender occupancy of the Demised Premises as required hereunderfor each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent sum equal to (a) during the first thirty (30) days of such holdover, one and one half (1.5) times the monthly rate aggregate of all that portion of the Fixed Annual Base Rent, Escalation Rent as adjusted and additional rent Rental that was payable for under this Lease during the last month of the term hereof. The collection Term, and (b) thereafter, the greater of (i) two (2) times the aggregate of that portion of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to Fixed Rent, Escalation Rent and Rental that was payable under this Article 62 or in Lease during the Lease or at lawlast month of the Term, but any such rent collected will be non-refundable and (ii) the then fair market rental value for the Premises. Nothing herein contained shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting deemed to permit Tenant to hold over in retain possession of the demised premises Premises after expiration the Expiration Date or termination to limit in any manner Landlord’s right to regain possession of the term Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this LeaseArticle 20. The provisions of this Article 20 shall survive the Expiration Date.
Appears in 1 contract
Samples: Lease Agreement (Travelzoo Inc)
End of Term. A. Provided Tenant shall surrender the premises to Landlord at the expiration or sooner termination of this lease in good order and condition, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its property. Tenant agrees that Tenant holds over any personal property remaining in excess the demised premises following the expiration of 30 daysthe term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant's cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord's disposing of such property, Tenant hereby agrees shall reimburse Landlord or pay to Landlord any cost which Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Owner Landlord harmless against all costs, expenses, claims, losses loss or liability resulting from delay by Tenant in so surrendering the Demised Premises upon the expiration or earlier termination of this Leasepremises, (Tenant’s Holdover) including including, without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive Additionally, the expiration or earlier termination of this Lease.
B. Tenant agrees parties recognize and agree that losses other damage to Owner Landlord resulting from Tenant’s Holdover any failure by Tenant timely to surrender the premises will be very substantial, will exceed the amount of Fixed Annual Base Rent as adjusted monthly rent theretofore payable hereunder, and additional rent payable hereunder and will be difficult impossible of accurate measurement. Therefore, Tenant therefore agrees that if Tenant shall fail possession of the premises is not surrendered to vacate and surrender Landlord within one (1) day after the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month expiration or sooner termination of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Leaselease, a sum equal to three times the average rent and additional rent which was payable per month under this lease during the last six months of the term thereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly "providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant's obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the premises to prospective purchasers or mortgagees of Landlord's interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.
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Samples: Lease Agreement (Arotech Corp)
End of Term. A. Provided Tenant shall surrender the premises to Landlord at the expiration or sooner termination of this lease in good order and condition, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its property. Tenant agrees that Tenant holds over any personal property remaining in excess the demised premises following the expiration of 30 daysthe term of this lease (or such earlier date as of which the teini hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant's cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord's disposing of such property, Tenant hereby agrees shall reimburse Landlord or pay to Landlord any cost which Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Owner Landlord harmless against all costs, expenses, claims, losses loss or liability resulting from delay by Tenant in so surrendering the Demised Premises upon the expiration or earlier termination of this Leasepremises, (Tenant’s Holdover) including including, without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) limitation, any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive Additionally, the expiration or earlier termination of this Lease.
B. Tenant agrees parties recognize and agree that losses other damage to Owner Landlord resulting from Tenant’s Holdover any failure by Tenant timely to surrender the premises will be very substantial, will exceed the amount of Fixed Annual Base Rent as adjusted monthly rent theretofore payable hereunder, and additional rent payable hereunder and will be difficult impossible of accurate measurement. Therefore, Tenant therefore agrees that if Tenant shall fail possession of the premises is not surrendered to vacate and surrender Landlord within one (1) day after the Demised Premises as required hereunder, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month expiration or sooner termination of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or lease, then Tenant will pay Landlord as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Leaselease, a sum equal to three times the average rent and additional rent which was payable per month under this lease during the last six months of the term thereof. The aforesaid obligations shall survive the expiration or sooner termination of the tem4 of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to be an agreement expressly "providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant's obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the premises to prospective purchasers, investors or mortgagees of Landlord's interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.
Appears in 1 contract
Samples: Lease Agreement (Omagine, Inc.)
End of Term. A. Provided that Tenant holds over in excess of 30 days, Tenant hereby agrees to indemnify and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon the expiration or earlier termination of this Lease, (Tenant’s 's Holdover) including without limitation (i) any payment or rent concession which Owner Landlord may be required to make to any tenant obtained by Owner Landlord for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity shall survive the expiration or earlier termination of this Lease.
B. Tenant agrees that losses to Owner resulting from Tenant’s 's Holdover will be very substantial, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if Tenant shall fail to vacate and surrender the Demised Premises as required hereunder, it shall he be deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent equal to one and one half (1 1/2) times the monthly rate of all Fixed Annual Base Rent as adjusted and additional rent payable for the last month of the term hereof. The collection of the aforesaid rent shall not act to limit Owner’s 's rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting Tenant to hold over in possession of the demised premises after expiration or termination of the term of this Lease.
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End of Term. A. Provided that Tenant holds over in excess of 30 daysTenant's obligation to pay Fixed Rent, Tenant hereby agrees to indemnify additional rent and save Owner harmless against all costs, expenses, claims, losses or liability resulting from delay by Tenant in surrendering the Demised Premises upon the expiration or earlier termination of this Lease, (Tenant’s Holdover) including without limitation (i) any payment or rent concession which Owner may be required to make to any tenant obtained by Owner for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant and (iii) any claims made by any succeeding tenant founded on such delay. Such indemnity other charges accruing hereunder shall survive the expiration or earlier termination of this Lease, to the extent necessary to carry out the provisions of this Lease with respect to Tenant's obligations accrued prior to such expiration or earlier termination.
B. Tenant acknowledges that possession of the demised premises must be surrendered to Owner on the Expiration Date. Tenant agrees to indemnify and save harmless Owner from and against any and all cost, damage, expense, loss or liability (including, without limitation, reasonable attorneys' fees and disbursements and any claims made by any succeeding tenant) resulting from delay by Tenant in so surrendering the demised premises. The parties recognize and agree that losses the damage to Owner resulting from Tenant’s Holdover any failure by Tenant to timely surrender possession of the demised premises as aforesaid will be very substantialsubstantial and will be impossible to accurately measure. Tenant therefore agrees that if possession of the demised premises is not surrendered to Owner within twenty-four (24) hours after the Expiration Date, exceed the amount of Fixed Annual Base Rent as adjusted and additional rent payable hereunder and be difficult of accurate measurement. Therefore, if then Tenant shall fail pay to vacate Owner for each month and surrender for each portion of any month during which Tenant holds over in the Demised Premises as required hereunderdemised premises after the Expiration Date, it shall he deemed a holdover Tenant on a month-to-month basis at a fixed monthly rent sum equal to one and one half (1 1/2) times the monthly rate aggregate of all that portion of the Fixed Annual Base Rent as adjusted and additional rent which was payable for under this Lease during the last month of the term hereofhereof (or a pro rata portion thereof, if applicable). The collection of the aforesaid rent shall not act to limit Owner’s rights to institute summary proceedings to obtain possession or pursuant to this Article 62 or in the Lease or at law, but any such rent collected will be non-refundable and Nothing herein contained shall be applied against any such damages.
C. Nothing in this Article shall be construed as permitting deemed to permit Tenant to hold over in retain possession of the demised premises after the Expiration Date. The pro-visions of this Article 44 shall survive the expiration or sooner termination of the term of this Lease.
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