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.