Common use of Hold Over Clause in Contracts

Hold Over. (a) If Tenant shall remain in possession of the Demised Premises after the end of the Term, a tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises beyond the Expiration Date of this Lease; however, until such time as Tenant complies with Section 7.06 and Article XX hereof, such holding over shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect for the last month of the Term or any renewal periods, except that the first month of any hold over shall be ​ ​ based upon one and one quarter (1.25) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold over shall be based upon one and one half (1.50) times the monthly Rent in effect for the last month of the Term or any renewal periods. (b) If Tenant fails to surrender the Demised Premises within thirty (30) days after the Expiration Date, or earlier termination of this Lease as provided for herein, then, in addition to any other liability to Landlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless from and against any loss, cost, liability or expense, including, without limitation, reasonable attorney fees, resulting from such failure to vacate including, without limiting the generality of the foregoing, loss of future rents and any claims made by any succeeding tenant arising due to such failure.

Hold Over. (a) If Tenant shall remain in possession of the Demised Premises after the end of the Term, a tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises beyond the Expiration Date of this Lease; however, until such time as Tenant complies with Section 7.06 and Article XX hereof, such holding over shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect for the last month of the Term or any renewal periods, except that the first month of any hold over shall be ​ ​ based upon one and one quarter two (1.252) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold over Hold Over shall be based upon one and one one-half (1.501.5) times the monthly Rent in effect for the last month of the Term or any renewal periods. (b) If Tenant fails to surrender the Demised Premises within thirty (30) days after upon the Expiration DateExpiration, or earlier termination of this Lease as provided for herein, then, in addition to any other liability to Landlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless from and against any loss, cost, liability or expense, including, without limitation, reasonable attorney fees, resulting from such failure to vacate including, without limiting the generality of the foregoing, loss of future rents and any claims made by any succeeding tenant arising due to such failure.

Hold Over. (a) If Tenant shall remain in possession of Should Sub-lessee hold over the Demised Premises premises after the end of the TermSub-lease has terminated, a tenancy relationship such hold over shall be deemed merely a tenancy from month to arise therefrom and any month. Any holdover Rent shall be paid on a prorated per month basis without reduction for partial months during the holdover. Acceptance by Lessor of Rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Sub-lease. This Section shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises create any express or implied right to holdover beyond the Expiration Date of this Lease; however, until such time as Tenant complies with Section 7.06 and Article XX hereof, such holding over shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect for the last month expiration of the Term or any renewal periods, except that the first month of any hold extension thereof. If Sub-lessee holds over shall be ​ ​ based upon one and one quarter (1.25) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold over shall be based upon one and one half (1.50) times the monthly Rent in effect for the last month of the Term or any renewal periods. (b) If Tenant fails to surrender the Demised Premises within thirty (30) days after the Expiration Date, expiration or earlier termination of this Lease as provided for hereinthe Term with or without the express written consent of Lessor, then, in addition to any all other liability remedies available to Landlord accruing therefromLessor, Tenant Sub-lessee shall indemnify be liable, and shall pay to Lessor within ten (10) days after demand, for all losses incurred by Lessor as a result of such holdover, and shall indemnify, defend and hold Landlord Lessor and the Lessor’s Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys' fees and costs) arising from or relating to any losssuch holdover tenancy, cost, liability or expense, including, including without limitation, reasonable attorney fees, resulting from such failure to vacate including, without limiting the generality of the foregoing, loss of future rents and any claims claim for damages made by a succeeding sub-lessee. Sub-lessee’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Sub-lease. The foregoing provisions of this Section are in addition to, and do not affect, Lessor’s right of re-entry or any succeeding tenant arising due to such failureother rights of Lessor hereunder or otherwise at law or in equity.

Hold Over. (a) If Unless Landlord expressly agrees otherwise, in writing, if Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, then Tenant shall be deemed a tenant at sufferance on all of the terms of this Lease, except (i) the Base Rent shall equal one hundred fifty percent (150%) of the Base Rent due during the month immediately preceding the expiration or termination hereof, and (ii) Tenant shall not have any right to renew this Lease, expand the Premises or exercise any option. The foregoing sentence shall in no event be construed to permit Tenant to remain in possession of the Demised Premises after the end of the Term, a tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises beyond the Expiration Date expiration or termination of this Lease; however. Tenant shall be liable to Landlord for all losses, until such time as Tenant complies with Section 7.06 costs, damages and Article XX hereofexpenses (including, such without limitation, consequential damages, reasonable attorneys fees, court costs and litigation expenses) that Landlord suffers or incurs because of any holding over shall be deemed to be a month-to-month occupancyby Tenant, subject to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect for the last month of the Term or any renewal periods, except that the first month of any hold over shall be ​ ​ based upon one and one quarter (1.25) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold over shall be based upon one and one half (1.50) times the monthly Rent in effect for the last month of the Term or any renewal periods. (b) If Tenant fails to surrender the Demised Premises within thirty (30) days after the Expiration Date, or earlier termination of this Lease as provided for herein, then, in addition to any other liability to Landlord accruing therefrom, Tenant shall indemnify indemnify, defend and hold harmless Landlord harmless from and against any lossall claims, costlawsuits, liability or expenseliabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorney attorneys’ fees, resulting court costs and litigation expenses) arising from such delays by Landlord in delivering possession of the Premises to any person or entity that are caused by Tenant’s failure to vacate comply with the terms of this Lease, including, without limiting the generality but not limited to, Tenant’s failure to timely surrender possession of the foregoing, loss of future rents and any claims made by any succeeding tenant arising due Premises to such failureLandlord.

Hold Over. If Tenant (aor anyone claiming through Tenant) If 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 pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession of the Demised Premises after the end of the Term, a tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises beyond the Expiration Date of this Lease; however, until such time as Tenant complies with Section 7.06 and Article XX hereof, such holding over shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect possession) (a) for the last month of the Term or any renewal periods, except that the first month of any hold over shall be ​ ​ based upon one and one quarter (1.25) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold over shall be based upon such holdover, at a rate equal to one and one half (1.501 1/2) times the monthly amount payable as Base Rent in effect for the last twelve (12) month of the Term period immediately preceding such expiration or any renewal periods. termination and (b) If Tenant fails thereafter, at a rate equal to surrender two (2) times the Demised amount payable as Base Rent for the twelve (12) month period immediately preceding such expiration or termination, together with all additional Rent also payable as provided in this Lease. Notwithstanding the foregoing, if Landlord desires to regain possession of the Premises within thirty (30) days promptly after the Expiration Datetermination or expiration hereof and prior to acceptance of rent for any period thereafter, Landlord may, at its option, forthwith re-enter and take possession of the Premises or any part thereof without process or by any legal process in force in the state where the Property is located. In any case, Tenant shall be liable to Landlord for all damages resulting from any failure by Tenant to vacate the Premises or any portion thereof within the first month after the expiration or earlier termination of this Lease as provided for herein, then, in addition to any other liability to Landlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless from and against any loss, cost, liability or expense, including, without limitation, reasonable attorney fees, resulting from such failure to vacate including, without limiting the generality of the foregoing, loss of future rents and any claims made by any succeeding tenant arising due to such failureTerm.

Hold Over. (a) If Tenant shall remain in possession of not immediately surrender the Demised Premises the day after the end of the Termterm hereby created, then Tenant shall, by virtue of this Lease, become, at Landlord's option, either (a) a tenancy relationship tenant at sufferance, or (b) a tenant from month-to-month. In either of such events, rent shall be deemed payable at a monthly or daily rate, as the case may be, of triple the Minimum Rent and Additional Rent payable by Tenant immediately prior to arise therefrom the expiration or termination of the term, with said tenancy to commence on the first day after the end of the term above demised; and any holdover said tenancy shall not be subject to all of the conditions and covenants of this Lease insofar as such covenants and conditions are applicable thereto. Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or possession by Tenant of the Demised Premises beyond after the Expiration Date expiration of the term of this Lease; however. If Landlord fails to make an election under clause (a) or (b) within ten (10) days after the expiration or termination of the term, until such time as Tenant complies with Section 7.06 and Article XX hereof, such holding the hold-over tenancy shall be deemed to be a tenancy from month-to-month. If Tenant holds over as a month-to-month occupancytenant, subject each party hereto shall give to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect for the last month of the Term or any renewal periods, except that the first month of any hold over shall be ​ ​ based upon one and one quarter (1.25) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold over shall be based upon one and one half (1.50) times the monthly Rent in effect for the last month of the Term or any renewal periods. (b) If Tenant fails to surrender the Demised Premises within other at least thirty (30) days after written notice to quit the Expiration DatePremises (any right to a longer notice period being hereby expressly waived), except in the event of non-payment of rent in advance or of the other Additional Rents provided for herein when due, or earlier termination of the breach of any other covenant by the said Tenant, in which event Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being expressly waived; provided, however, that in the event Tenant shall hold over after expiration of the term hereby created, and if Landlord shall desire to regain possession of said Premises promptly at the expiration of the term aforesaid, then at any time prior to the date Landlord makes (or is deemed to have made) its election under clause (b) of this Lease as provided Section, Landlord at its option, may re-enter and take possession of the Premises forthwith, without process, or by any legal action or process in force in the state in which the Premises is located; provided, however, that if Landlord has accepted rent for hereinany period beyond the expiration of the term and Tenant is not then in default under any of the provisions of this Lease, then, in addition Landlord shall promptly refund to Tenant an amount equal to any other liability excess rental received by Landlord with respect to any period after Landlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless from and against any loss, cost, liability or expense, including, without limitation, reasonable attorney fees, resulting from such failure exercises its right to vacate including, without limiting re-enter the generality of the foregoing, loss of future rents and any claims made by any succeeding tenant arising due to such failurePremises under this Section.

Hold Over. Upon written notice delivered to Landlord at least six (a6) If Tenant shall remain in possession of the Demised Premises after the end months prior to expiration of the Term, a tenancy relationship shall Tenant will be deemed permitted to arise therefrom and any holdover shall not be construed as a consent by Landlord to the hold over possession by Tenant of the Demised Premises beyond for no more than two (2) months (“Holdover Period”) after the Expiration Date of this Lease; however, until such time as Tenant complies with Section 7.06 and Article XX hereof, such holding over shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect for the last month expiration of the Term at a Monthly Basic Rent equal to one hundred twenty- five percent (125%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration. Tenant will not be permitted to hold over possession of the Premises after the expiration of the Holdover Period without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration of the Holdover Period or any renewal periods, except that the first month of any hold over shall be ​ ​ based upon one and one quarter (1.25) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold over shall be based upon one and one half (1.50) times the monthly Rent in effect for the last month of the Term or any renewal periods. (b) If Tenant fails to surrender the Demised Premises within thirty (30) days after the Expiration Date, or earlier termination of this Lease as provided for hereinLease, then, in addition to any all other liability remedies available to Landlord accruing therefromLandlord, Tenant shall indemnify become a tenant at sufferance only, upon the terms and hold Landlord harmless from and against any lossconditions set forth in this Lease so far as applicable, cost, liability or expense, including, without limitation, reasonable attorney fees, resulting from such failure but at a Monthly Basic Rent equal to vacate including, without limiting the generality one hundred fifty percent (150%) of the foregoing, loss Monthly Basic Rent applicable to the Premises immediately prior to the date of future rents and expiration of the Term or earlier termination of this Lease. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of this Lease. This Section 9.2 shall not be construed to create any claims made by express or implied right to holdover beyond the expiration of the Term or any succeeding tenant arising due to such failureextension thereof.

Hold Over. (a) If Tenant shall remain in possession of the Demised Premises after the end of the Term, a tenancy relationship shall be deemed to arise therefrom and any holdover shall not be construed as a consent by Landlord to the possession by Tenant of the Demised Premises beyond the Expiration Date of this Lease; however, until such time as Tenant complies with Section 7.06 and Article XX hereof, such holding over shall be deemed to be a month-to-month occupancy, subject to all of the provisions, conditions and obligations of this Lease, except that the Rent to be charged Tenant during such hold over period shall be double the monthly Rent in effect for the last month of the Term or any renewal periods, except that the first month of any hold over shall be ​ ​ based upon one and one quarter two (1.252) times the monthly Rent in effect for the last month of the Term or any renewal periods and the second and third months of any hold holding over shall be based upon one and one half (1.501.5) times the monthly Rent in effect for the last month of the Term or any renewal periods. (b) If Tenant fails to surrender the Demised Premises within thirty (30) days after upon the Expiration DateExpiration, or earlier termination of this Lease as provided for herein, then, in addition to any other liability to Landlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless from and against any loss, cost, liability or expense, including, without limitation, reasonable attorney fees, resulting from such failure to vacate including, without limiting the generality of the foregoing, loss of future rents and any claims made by any succeeding tenant arising due to such failure.