Common use of Holding Over Without Consent Clause in Contracts

Holding Over Without Consent. If, after the expiration or earlier termination of the Lease Term, Tenant remains in possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease (except as to Lease Term), provided that the monthly installments of Minimum Annual Rental payable by Tenant shall be increased to one hundred fifty percent (150%) of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent the amount of the Percentage Rental payable with respect to the Lease Term is not known when the tenancy at sufferance begins, the rate of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination shall not result in a renewal or extension of this Lease. The provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlord, Tenant shall indemnify, defend and hold Landlord harmless from all loss or liability, including any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney fees and costs associated therewith.

Holding Over Without Consent. IfIf Tenant, without Landlord’s consent, retains possession of the Premises after the expiration or earlier termination of Term or past the Lease Termexpiration of any tenancy-at-will under Subsection 20.1 above, Tenant remains in possession of the Premises without Landlord's express written consent, then Tenant shall become a tenant at sufferance only, subject pay to all of Landlord monthly rental equal to the provisions of this Lease “Applicable Percentage” (except as to Lease Term), provided that the monthly installments of Minimum Annual Rental payable by Tenant shall be increased to one hundred fifty percent (150%defined below) of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and Monthly Rent applicable immediately prior to the extent the amount of the Percentage Rental payable with respect to the Lease Term is not known when the tenancy at sufferance begins, the rate of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination shall not result in a renewal or extension of this Lease. The provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of the Term with respect to such portion of the Premises that Tenant has not surrendered. The “Applicable Percentage” shall be determined as follow: 150% for the first month of such holdover and 175% for the second month and any additional months of such holdover. In addition, Tenant shall indemnify Landlord from and against all losses, costs, claims, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees and disbursements but specifically excluding consequential damages) sustained by Landlord by reason of such retention (including, without limitation, claims for damages by any other person to whom Landlord may have agreed to lease all or any part of the Premises effective on or after the date Tenant was obligated to surrender possession of the Premises). No acceptance by Landlord of Rent during any such holding over without Landlord’s approval shall reinstate, continue, or extend the Term or shall affect any notice of termination given to Tenant prior to the payment of such money, it being agreed that after the service of such notice or the commencement of any suit by Landlord to obtain possession of the Premises, Landlord may receive and collect when due any and all payments owed by Tenant under this Lease, despite demand to do so and otherwise exercise its rights and remedies. The making of any such payments by Landlord, Tenant shall indemnifynot waive such notice, defend and hold Landlord harmless from all loss or liability, including in any claim made by manner affect any succeeding tenant founded on pending suit or resulting from such failure to surrender and any attorney fees and costs associated therewithjudgment obtained.

Holding Over Without Consent. IfIf Tenant, without Landlord's consent, retains possession of the Premises after the expiration or earlier termination of Term (or, in the Lease Termcase of a month-to-month tenancy under Subsection 19.2, Tenant remains in possession after the duly noticed termination date of the Premises without Landlord's express written consentsuch tenancy), then Tenant shall become a tenant at sufferance only, subject pay to all of the provisions of this Lease (except as Landlord monthly rental equal to Lease Term), provided that the monthly installments of Minimum Annual Rental payable by Tenant shall be increased to one two hundred fifty percent (150200%) of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and Monthly Rent applicable immediately prior to the extent the amount of the Percentage Rental payable with respect to the Lease Term is not known when the tenancy at sufferance begins, the rate of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination shall not result in a renewal or extension of this Lease. The provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of the Term, and Tenant shall indemnify Landlord from and against all losses, costs, claims, liabilities, and expenses (including, without limitation, reasonable' attorneys' fees and disbursements) sustained by Landlord by reason of such retention (including, without limitation, claims for damages by any other person to whom Landlord may have agreed to lease all or any part of the Premises effective on or after the date Tenant was obligated to surrender possession of the Premises). No acceptance by Landlord of rent during any such holding over without Landlord's approval shall reinstate, continue, or extend the Term of this Lease or shall affect any notice of termination given to Tenant prior to the payment of such money, it being agreed that after the service of such notice or the commencement of any suit by Landlord to obtain possession of the Premises, Landlord may receive and collect when due any and all payments owed by Tenant under this Lease, despite demand to do so and otherwise exercise its rights and remedies. The making of any such payments by Landlord, Tenant shall indemnifynot waive such notice, defend and hold Landlord harmless from all loss or liability, including in any claim made by manner affect any succeeding tenant founded on pending suit or resulting from such failure to surrender and any attorney fees and costs associated therewithjudgment obtained.

Holding Over Without Consent. If, after If Tenant shall retain possession of the ---------------------------- Premises or any part thereof without Landlord's consent following the expiration or earlier sooner termination of the Lease Term, Tenant remains in possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease (except as to Lease Term)for any reason, provided that the monthly installments of Minimum Annual Rental payable by then Tenant shall be increased pay to one hundred fifty percent (Landlord for each day of such retention 150%) % of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent the amount of the Percentage Rental payable with respect daily Rent for the last period prior to the Lease Term is not known when the tenancy at sufferance begins, the rate date of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination, subject to adjustment as provided in Section 4. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Xxxxxx in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Xxxxxxxx gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease for a period from month to month. Acceptance of Rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The provisions of , and nothing contained in this Section are in addition to and do not affect shall waive Landlord's right of re-entry or any rights of other right. Unless Landlord hereunder or as otherwise provided by lawexercises the option hereby given to it. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlord, Tenant shall indemnifybe only a Tenant at sufferance, defend and hold whether or not Landlord harmless accepts any Rent from all loss or liability, including any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney fees and costs associated therewithTenant while Tenant is holding over without Landlord's written consent.

Holding Over Without Consent. If, after the expiration or earlier termination of the Lease Term, Tenant remains in If Sublessee shall retain possession of the Premises or any part thereof without LandlordSublessor's express written consent, Tenant shall become a tenant at sufferance only, subject to all of consent following the provisions expiration or sooner termination of this Lease (except as Sublease for any reason, then Sublessee shall pay to Lease Term), provided that the monthly installments Sublessor for each day of Minimum Annual Rental payable by Tenant shall be increased to such retention one hundred fifty percent (150%) of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent the amount of the Percentage Rental payable with respect daily Rent for the last period prior to the Lease Term is not known when the tenancy at sufferance begins, the rate date of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination, subject to adjustment as provided in Section 7. Sublessee shall also indemnify and hold Sublessor harmless from Sublessor's actual damages resulting from delay by Sublessee in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Sublessor gives notice to Sublessee of Sublessor's election thereof, such holding over shall constitute renewal of this Sublease for a period from month to month. Acceptance of Rent by Sublessor following expiration or termination shall not result in constitute a renewal or extension of this Lease. The provisions of Sublease, and nothing contained in this Section are in addition to and do not affect Landlordshall waive Sublessor's right of re-entry or any rights of Landlord hereunder other right. Unless Sublessor exercises the option hereby given to it, Sublessee shall be only a tenant at sufferance, whether or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlord, Tenant shall indemnify, defend and hold Landlord harmless not Sublessor accepts any Rent from all loss or liability, including any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney fees and costs associated therewithSublessee while Sublessee is holding over without Sublessor's written consent.

Holding Over Without Consent. If, after If Tenant shall retain possession of ---------------------------- the Premises or any part thereof without Landlord's consent following the expiration or earlier sooner termination of the Lease Term, Tenant remains in possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease (except as to Lease Term)for any reason, provided that the monthly installments of Minimum Annual Rental payable by then Tenant shall be increased pay to one hundred fifty percent (150%) Landlord for each day of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent such retention double the amount of the Percentage Rental payable with respect daily Rent for the last period prior to the Lease Term is not known when the tenancy at sufferance begins, the rate date of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination, subject to adjustment as provided in Section 4. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Landlord gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease for a period from month to month. Acceptance of Rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The provisions of , and nothing contained in this Section are in addition to and do not affect shall waive Landlord's right of re-entry or any rights of other right. Unless Landlord hereunder or as otherwise provided by law. If Tenant fails exercises the option hereby given to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlordit, Tenant shall indemnifybe only a Tenant at sufferance, defend and hold whether or not Landlord harmless accepts any Rent from all loss or liability, including any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney fees and costs associated therewithTenant while Tenant is holding over without Landlord's written consent.

Holding Over Without Consent. If, after the expiration or earlier termination of the Lease Term, If Tenant remains in shall retain possession of the Premises or any part thereof without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of consent following the provisions expiration or sooner termination of this Lease (except as to Lease Term)for any reason, provided that the monthly installments of Minimum Annual Rental payable by then Tenant shall be increased pay to one hundred fifty percent (Landlord for each day of such retention 150%) % of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent the amount of the Percentage Rental payable with respect daily Rent for the last period prior to the Lease Term is not known when the tenancy at sufferance begins, the rate date of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination, subject to adjustment as provided in Section 4. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Landlord gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease for a period from month to month. Acceptance of Rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The provisions of , and nothing contained in this Section are in addition to and do not affect shall waive Landlord's right of re-entry or any rights of other right. Unless Landlord hereunder or as otherwise provided by law. If Tenant fails exercises the option hereby given to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlordit, Tenant shall indemnifybe only a Tenant at sufferance, defend and hold whether or not Landlord harmless accepts any Rent from all loss or liability, including any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney fees and costs associated therewithTenant while Tenant is holding over without Landlord's written consent.

Holding Over Without Consent. If, after If Tenant shall retain possession ---------------------------- of the Premises or any part thereof without Landlord's consent following the expiration or earlier sooner termination of the Lease Term, Tenant remains in possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease (except as to Lease Term)for any reason, provided that the monthly installments of Minimum Annual Rental payable by then Tenant shall be increased pay to one hundred fifty percent (Landlord for each day of such retention 150%) % of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent the amount of the Percentage Rental payable with respect daily Rent for the last period prior to the Lease Term is not known when the tenancy at sufferance begins, the rate date of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination shall not result termination, subject to adjustment as provided in a renewal or extension of this LeaseSection 4. The provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlord, Tenant shall indemnify, defend also indemnify and hold Landlord harmless from all any loss or liabilityliability resulting from delay by Xxxxxx in surrendering the Premises, including including, without limitation, any claim claims made by any succeeding tenant founded on such delay. Alternatively, if Xxxxxxxx gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease for a period from month to month which tenancy may be terminated by either party by delivering thirty (30) days written notice prior to the end of any monthly period. Acceptance of Rent by Landlord following expiration or resulting termination shall not constitute a renewal of this Lease, and nothing contained in this Section shall waive Landlord's right of re- entry or any other right. Unless Landlord exercises the option hereby given to it, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any Rent from such failure to surrender and any attorney fees and costs associated therewithTenant while Tenant is holding over without Xxxxxxxx's written consent.

Holding Over Without Consent. If, after If Tenant shall retain possession of the ---------------------------- Premises or any part thereof without Landlord's consent following the expiration or earlier sooner termination of the Lease Term, Tenant remains in possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease (except as to Lease Term)for any reason, provided that the monthly installments of Minimum Annual Rental payable by then Tenant shall be increased pay to one hundred fifty percent (150%) Landlord for each day of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent such retention double the amount of the Percentage Rental payable with respect daily Rent for the last period prior to the Lease Term is not known when the tenancy at sufferance begins, the rate date of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination, subject to adjustment as provided in Section 4. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Landlord gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease for a period from month to month. Acceptance of Rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The provisions of , and nothing contained in this Section are in addition to and do not affect shall waive Landlord's right of re-entry or any rights of other right. Unless Landlord hereunder or as otherwise provided by law. If Tenant fails exercises the option hereby given to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlordit, Tenant shall indemnifybe only a Tenant at sufferance, defend and hold whether or not Landlord harmless accepts any Rent from all loss or liability, including any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney fees and costs associated therewithTenant while Tenant is holding over without Landlord's written consent.

Holding Over Without Consent. IfIf Tenant, after the expiration or earlier termination of the Lease Termwithout Xxxxxxxx’s consent, Tenant remains in retains possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease (except as to Lease Term), provided that the monthly installments of Minimum Annual Rental payable by Tenant shall be increased to one hundred fifty percent (150%) of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent the amount of the Percentage Rental payable with respect to the Lease Term is not known when the tenancy at sufferance begins, the rate of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination shall not result in a renewal or extension of this Lease. The provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlord, then Tenant shall indemnifypay to Landlord monthly rental equal to the “Applicable Percentage” (as defined below) of the Minimum Monthly Rent applicable immediately prior to the expiration or earlier termination of the Term. The “Applicable Percentage” shall be determined as follow: 150% for the first month of such holdover and 200% for the second month and any additional months of such holdover. In addition, Xxxxxx shall indemnify and defend Landlord from and hold against all losses, costs, claims, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) sustained by Landlord harmless from all loss or liabilityby reason of such retention (including, including any claim made without limitation, claims for damages by any succeeding tenant founded other person to whom Landlord may have agreed to lease all or any part of the Premises effective on or resulting from such failure after the date Tenant was obligated to surrender possession of the Premises). Upon written request by Xxxxxx, Landlord shall advise Tenant in writing as to whether or not Landlord has entered into a lease with a succeeding tenant. No acceptance by Landlord of Rent during any such holding over without Landlord’s approval shall reinstate, continue, or extend the Term or shall affect any notice of termination given to Tenant prior to the payment of such money, it being agreed that after the service of such notice or the commencement of any suit by Landlord to obtain possession of the Premises, Landlord may receive and collect when due any attorney fees and costs associated therewithall payments owed by Tenant under this Lease, and otherwise exercise its rights and remedies. The making of any such payments by Tenant shall not waive such notice, or in any manner affect any pending suit or judgment obtained.