Common use of Hold Over Clause in Contracts

Hold Over. If Tenant fails to vacate and/or check out of the Premises and Apartment Unit by the Lease Termination Date at 12 noon, Tenant shall be obligated to pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Date. In addition, Tenant shall be liable for all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in the Premises or Apartment Unit after this Lease has been terminated, the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a result.

Hold Over. If Tenant (or anyone claiming through Tenant) shall remain in occupancy of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlord, then, without limiting Landlord’s other rights and remedies, the person remaining in possession shall be deemed a tenant at sufferance, and Tenant shall thereafter pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession) at a rate equal to the higher of 125% for the first 30 days, and 150% thereafter, of (x) the Base Rent rate applicable during the last monthly period immediately preceding such expiration or termination or (y) the fair market rent for Base Rent (which shall be determined on a so-called “triple net” basis), in each case with all Additional Rent also payable as provided in this Lease. The foregoing provisions shall not serve as permission for Tenant or anyone claiming by, through, or under Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time after the expiration or earlier termination of this Lease to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant fails to vacate and/or check out of surrender the Premises and Apartment Unit by upon the Lease Termination Date at 12 noonexpiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of this Lease shall operate or be obligated to pay construed as an extension or renewal of this Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s prior and express written approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ prior written notice or such lesser time period as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Datemay be permitted by Law. In additionany case, Tenant shall be liable to Landlord for all consequential and/or other damages suffered actually resulting from any failure by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in Tenant to vacate the Premises or Apartment Unit after any portion thereof when required hereunder. The provisions of this Lease has been terminated, Section 3.02 shall survive the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep termination or dispose earlier expiration of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a resultthis Lease.

Hold Over. If Tenant fails to vacate and/or check out of the Premises and Apartment Unit by the Lease Termination Date at 12 noon, Tenant shall be obligated to pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Date. In addition, Tenant shall be liable for all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in the Premises or Apartment Unit after this Lease has been terminated, the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service deskthe Main Office or After Hours Desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service the Main Office or After Hours desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a result.

Hold Over. If Tenant fails to vacate and/or check out (or anyone claiming by, through or under Tenant) shall remain in occupancy of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and Apartment Unit delivered by Landlord, then without limiting Landlord’s other rights and remedies the Lease Termination Date person or entity remaining in possession shall be deemed a tenant at 12 noonsufferance, and Tenant shall be obligated to thereafter pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS monthly use and occupancy charge ($100.00) per day pro-rated for each day or such portion of any partial month as Tenant (or anyone claiming by, through or under Tenant) shall remain in possession) at a day that rate equal to (i) one hundred fifty (150%) percent of the monthly amount payable as Base Rent for the 12-month period immediately prior to such expiration or termination, plus (ii) one hundred (100%) percent of all Additional Rent also payable as provided in this Lease. No acceptance by Landlord of any payment by Tenant remains past pursuant to this Section shall constitute Tenant (or anyone claiming by, through or under Tenant) as a tenant at will, but Tenant or such other person or entity shall remain a tenant at sufferance subject to all of the Lease Termination Dateprovisions of this Lease. If Landlord desires to regain possession of the Premises at any time Tenant (or anyone claiming by, through or under Tenant) is holding over, Landlord may, at its option, forthwith re-enter and take possession of the Premises or any part thereof by any lawful means. In additionany case, and notwithstanding the provisions of Section 16.10(b) to the contrary, Tenant shall be liable to Landlord for all claims, liabilities, damages (including indirect and consequential and/or other damages suffered damages), losses or costs (including reasonable attorneys’ fees and costs) resulting from any failure by Tenant (or anyone claiming by, through or under Tenant) to vacate the Premises or any portion thereof when required hereunder, and shall hold Landlord, its agents and employees, harmless and defend and indemnify Landlord, its agents and employees, from and against any and all claims, liabilities, damages (including lost future rentsindirect and consequential damages), as a direct losses or indirect result costs (including reasonable attorneys’ fees and costs) which Landlord may pay, incur or suffer on account of Tenant’s holding over. In the event that any items of personal property are left such hold-over in the Premises after the expiration or Apartment Unit after this Lease has been terminated, earlier termination of the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a resultTerm.

Hold Over. If Tenant fails to vacate and/or check out of the Premises and Apartment Unit by the Lease Termination Date at 12 noon, Tenant shall be obligated to pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Date. In addition, Tenant shall be liable for all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in the Premises or Apartment Unit after this Lease has been terminated, the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after . After which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a result.

Hold Over. If Any holding over by Tenant fails to vacate and/or check out after the expiration of the Premises Term of this Lease shall be treated as a tenancy at sufferance and Apartment Unit by shall be on the Lease Termination Date at 12 noonterms and conditions as set forth in this Lease, as far as applicable except that Tenant shall be obligated pay as a use and occupancy charge an amount equal to pay Landlordthe greater of (x) 150% of the Basic Rental calculated (on a daily basis) at the rental rate payable under the terms of this Lease immediately prior to the expiration of the Term or (y) the fair market rental value of the Premises, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per in each case for the period measured from the day for each on which Tenant's hold-over commences and terminating on the day or portion of a day that on which Tenant vacates the Tenant remains past the Lease Termination DatePremises. In addition, Tenant shall be liable for all consequential and/or other damages suffered by save Landlord, including lost future rentsits agents and employees harmless and will exonerate, as a direct or indirect result defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s holding over. In the event that any items of personal property are left 's hold-over in the Premises after the expiration or Apartment Unit after prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease has been terminated, shall be deemed to permit Tenant to retain possession of the Landlord will consider Premises or hold over in the following: a) if Premises after the Tenant leaves expiration or earlier termination of the Lease Term. All property and turns which remains in their keys to their designated service desk, the Landlord will consider these items Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may keep or dispose see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of same as it deems fit without liability to Tenant or anyone else or b) if such sale and apply the Tenant leaves same, at its option against the property and does not turn in their keys to their designated service deskexpenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant to Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after any damages to which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any entitled under this Lease and all court costs at law and reasonable attorney’s fees incurred by Landlord as a resultin equity.

Hold Over. If Tenant fails to vacate and/or check out of the Premises and Apartment Unit by the Lease Termination Date at 12 noon, Tenant shall be obligated to pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00or anyone claiming through Tenant) per day for each day or portion of a day that the Tenant remains past the Lease Termination Date. In addition, Tenant shall be liable for all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in does not immediately surrender the Premises or Apartment Unit after any portion thereof upon the expiration or earlier termination of the Lease Term, then Tenant shall automatically forfeit all rights to the Security Deposit, including the Additional Security Deposit, then being held by Landlord pursuant to this Lease has the Monthly Base Rent payable by Tenant hereunder shall be increased to equal two hundred percent (200%) of the Monthly Base Rent that would have been terminated, payable pursuant to the Landlord will consider the following: a) provisions of this Lease if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord and paid by Tenant leaves on the property first day of each calendar month thereafter until the Premises have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and turns in their keys remedies, including Landlord’s right to their designated service desk, the Landlord will consider these items evict Tenant and to recover all damages permitted hereunder. Any such holdover shall be deemed to be abandoned a tenancy-at-sufferance and Landlord may keep not a tenancy-at-will or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenanttenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the event Landlord Lease Term, and nothing contained herein shall commence legal action as a result of Tenantbe construed to constitute Landlord’s holding over, consent to any holdover or to give Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a resultright with respect thereto.