Common use of EXPIRATION OF TERM; HOLDING-OVER Clause in Contracts

EXPIRATION OF TERM; HOLDING-OVER. Upon or prior to the expiration or earlier termination of this Lease, Tenant shall remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant. Should Tenant continue to occupy the Demised Premises after the expiration of the Term, including any renewal or renewals thereof, or after a forfeiture incurred, such tenancy shall (without limitation of any of Landlord's rights or remedies therefor) be one at sufferance. The minimum monthly rental for the first month of such holdover shall be equal to one hundred twenty five percent (125%) of the greater of: (i) the Rent payable for the fast full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. Thereafter, the minimum monthly rental for such holdover shall be equal to one hundred fifty percent (150%) of the greater of: (i) the Rent payable for the last full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of the Demised Premises by summary proceedings or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Bridgeline Digital, Inc.)

AutoNDA by SimpleDocs

EXPIRATION OF TERM; HOLDING-OVER. Upon or prior to the expiration or earlier termination of this Lease, Tenant shall remove Tenant's ’s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's ’s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant. Should Tenant continue to occupy the Demised Premises after the expiration of the Term, including any renewal or renewals thereof, or after a forfeiture incurred, such tenancy shall (without limitation of any of Landlord's ’s rights or remedies therefor) be one at sufferance. The , and, at a minimum monthly rental for the first month of such holdover shall be Base Rent equal to one two hundred twenty five percent (125200%) of the greater of: (i) the Rent payable for the fast full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. Thereafter, the minimum monthly rental for such holdover shall be equal to one hundred fifty percent (150%) of the greater of: (i) the Base Rent payable for the last full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of the Demised Premises by summary proceedings or otherwise. In the event that Landlord is unable to deliver possession of the Demised Premises to a new tenant or to perform improvements for a new tenant as a result of any holdover by Tenant after receipt of Landlord’s notice to vacate, Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers as a result of Tenant’s holdover.

Appears in 1 contract

Samples: Agreement of Lease (Voxware Inc)

EXPIRATION OF TERM; HOLDING-OVER. Upon or prior to the expiration or earlier termination of this Lease, Tenant shall remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant. Should Tenant continue to occupy the Demised Premises after the expiration of the Term, including any renewal or renewals thereof, or after a forfeiture incurred, such tenancy shall (without limitation of any of Landlord's rights or remedies therefor) be one at sufferance. The minimum monthly rental for the first month of such holdover shall be equal to one hundred twenty five percent (125%) of the greater of: (i) the Rent payable for the fast last full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. Thereafter, the minimum monthly rental for such holdover shall be equal to one hundred fifty percent (150%) of the greater of: (i) the Rent payable for the last full month of the Term. If any holdover by Tenant extends beyond six (6) months, or (ii) the fair market gross minimum monthly rental for such holdover shall be equal to three hundred percent (300%) of the Demised Premises as reasonably determined by LandlordRent payable for the last month of the Term. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of the Demised Premises by summary proceedings or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Skinny Nutritional Corp.)

EXPIRATION OF TERM; HOLDING-OVER. Upon or prior to the expiration or earlier termination of this Lease, Tenant shall remove Tenant's ’s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, reasonable use and wear thereof, damage from fire and extended coverage type risks, the effects of any condemnation or taking, and repairs which are Landlord's ’s obligation excepted. Goods and effects not removed by Tenant at within ten (10) days after the giving of written notice specifying the continued presence thereof after the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the reasonable and actual out-of-pocket cost thereof to be charged to Tenant. In removing said goods and effects, Tenant shall use commercially reasonable efforts not to interfere with any construction being performed by Landlord in the Demised Premises. Should Tenant continue to occupy the Demised Premises after the expiration of the Term, including any renewal or renewals thereof, or after a forfeiture incurred, such tenancy shall (without limitation of any of Landlord's ’s rights or remedies therefor) be one at sufferance. The minimum sufferance at a monthly rental for the first month of such holdover shall be equal to one hundred twenty five percent (125%) of the greater of: (i) the Rent payable for the fast full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. Thereafter, the minimum monthly rental for such holdover shall be equal to one hundred fifty percent (150%) of the greater of: (i) the Rent payable for the last full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of the Term of this Lease shall be construed to extend the Term or prevent Landlord from seeking immediate recovery of the Demised Premises by summary proceedings or otherwise. In the event that Landlord is unable to deliver possession of the Demised Premises to a new tenant or to perform improvements for a new tenant as a result of any holdover by Tenant continuing after thirty (30) days after receipt of Landlord’s notice to vacate (which notice to vacate shall notify Tenant that its failure to timely vacate the Demised Premises may subject the Tenant to liability for consequential damages), Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers as a result of Tenant’s holdover. Notwithstanding the foregoing, Tenant shall have the right to extend the Term for up to one (1), two (2) or three (3) months by providing Landlord with nine (9) months written notice prior to the then Expiration Date; provided, however, in the event Tenant does not provide such notice within the time period set forth above, Tenant shall have the additional right to extend the Term for one (1) month only by providing Landlord with six (6) months written notice prior to the then Expiration Date. In either event this Lease shall continue for such period as to which notice shall have been given, Tenant shall have no further Renewal Options hereunder, and the Annual Base Rent for such period shall be the amount payable immediately prior to the then Expiration Date.

Appears in 1 contract

Samples: Agreement of Lease (Lenox Group Inc)

AutoNDA by SimpleDocs

EXPIRATION OF TERM; HOLDING-OVER. Upon or prior to the expiration or earlier termination of this Lease, Tenant shall remove Tenant's ’s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Landlord peaceably and quietly in as good order and condition as existed at the inception of the Term, reasonable use and wear thereof, damage from fire and extended coverage type risks, and repairs which are Landlord's ’s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of and/or store the same as it deems expedient, the cost thereof to be charged to Tenant. Should Tenant continue to occupy the Demised Premises after the expiration of the Term, including any renewal or renewals thereof, or after a forfeiture incurred, such tenancy shall (without limitation of any of Landlord's ’s rights or remedies therefor) be one at sufferance. The sufferance at a minimum monthly rental for the first month of such holdover shall be equal to one hundred twenty five percent (125%) of the greater of: (i) the Rent payable for the fast full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. Thereafter, the minimum monthly rental for such holdover shall be equal to one hundred fifty percent (150%) of the greater of: (i) the Rent payable for the last full month of the Term, or (ii) the fair market gross rental for the Demised Premises as reasonably determined by Landlord. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of the Demised Premises by summary proceedings or otherwise. In the event that Landlord is unable to deliver possession of the Demised Premises to a new tenant or to perform improvements for a new tenant as a result of any holdover by Tenant after receipt of Landlord’s notice to vacate, Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers as a result of Tenant’s holdover.

Appears in 1 contract

Samples: Agreement of Lease (Avant Immunotherapeutics Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.