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 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 obligation excepted. Goods and effects not removed by Tenant 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, such tenancy shall (without limitation of any of Landlord’s rights or remedies therefor) be one at sufferance at a monthly rental equal to one hundred fifty percent (150%) of the Rent payable for the last full month of the Term. No holdover by Tenant or payment by Tenant after the expiration 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.

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 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 obligation excepted. Goods and effects not removed by Tenant within ten (10) days after the giving of written notice specifying the continued presence thereof after 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 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 rights or remedies therefor) be one at sufferance sufferance, and, at a minimum monthly rental Base Rent equal to one two hundred fifty percent (150200%) of the Base Rent payable for the last full month of the Term. No holdover by Tenant or payment by Tenant after the expiration of the Term or earlier termination 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)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. 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.

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 within ten (10) days after the giving of written notice specifying the continued presence thereof after 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 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 at a sufferance. The minimum monthly rental for the first month of such holdover shall be equal to one hundred twenty five percent (125%) of the Rent payable for the last full month of the Term. Thereafter, the minimum monthly rental for such holdover shall be equal to one hundred fifty percent (150%) of the Rent payable for the last full month of the Term. If any holdover by Tenant extends beyond six (6) months, the minimum monthly rental for such holdover shall be equal to three hundred percent (300%) of the Rent payable for the last month of the Term. No holdover by Tenant or payment by Tenant after the expiration of the Term or earlier termination 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.

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 within ten (10) days after the giving of written notice specifying the continued presence thereof after 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 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 at a 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 of the Term or earlier termination 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.

EXPIRATION OF TERM; HOLDING-OVER. (a) 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 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 obligation excepted. Goods and effects not removed by Tenant 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 Lease Term or renewals thereof, such tenancy shall (without limitation of any of Landlord’s rights or remedies therefor) be one at sufferance at a monthly rental equal to one hundred fifty percent (150%) exercise of the Rent payable for Termination Right: (1) Subject to a taking by a Governmental Authority, the last full month leasehold interest of Lessee in the Term. No holdover by Tenant Leased Premises (or payment by Tenant after the expiration of Terminated Premises, as applicable) shall automatically revert to Lessor, Lessee shall promptly and peacefully quit and surrender the Term of this Lease shall be construed Leased Premises (or the Terminated Premises, as applicable) 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 Lessor, without cost to deliver Lessor, and Lessor may, without demand and further notice, reenter and take possession of the Demised Leased Premises to a new tenant (or to perform improvements for a new tenant the Terminated Premises, as a result applicable), or any part thereof, and repossess the same as Xxxxxx’s former estate without being deemed guilty of any holdover by Tenant continuing after thirty (30) days after receipt manner 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 trespass; (2) or three Lessee shall deliver the Leased Portion of the Facilities free and clear of all Liens and in the same repair, operating condition and working order as when it was received (ordinary wear and tear excepted); (3) months by providing Landlord with nine On and effective as of the Expiry Date (9) months written notice prior or the Termination Date, as applicable), Lessee will, at Lessor’s request, assign all of its rights under the Project Documents, Governmental Approvals and all other associated rights to the then Expiration DateLessor; provided, however, no such assignment and acceptance of the Governmental Approvals and Project Documents by Lessor shall relieve Lessee from its indemnification obligations hereunder for its actions or inactions on or prior to the Expiry Date (or the Termination Date, as applicable); (4) Lessee shall deliver to Lessor all material records in its possession relating to the event Tenant does not provide such notice within Leased Premises, the time period set forth aboveProject Documents and the Governmental Approvals, Tenant including all payments and collections applicable to the Leased Premises or the Terminated Premises, as applicable; (5) No later than the Expiry Date or the Termination Date, as applicable, Lessee shall have remove all Crops from the additional right to extend Leased Premises, or the Term for one (1) month only by providing Landlord with six Terminated Premises, as applicable; (6) months written notice Xxxxxx agrees to take any other commercially reasonable actions that Lessor reasonably requests and deems necessary to effectively transfer title to the Leased Premises (or the Terminated Premises, as applicable), Project Documents, and Governmental Approvals to Lessor; and (7) The obligations of the Parties under this Lease which arose prior to the then Expiration Date. In either event this Lease termination shall continue for survive 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 Datetermination.

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 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 obligation excepted. Goods and effects not removed by Tenant within ten (10) days after the giving of written notice specifying the continued presence thereof after 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 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 rights or remedies therefor) be one at sufferance at a minimum monthly rental 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 of the Term or earlier termination 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)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. 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.