Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 2 contracts
Samples: Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any No holding over by Tenant after past the expiration Expiration Date shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesoperate to extend the Term. If Tenant holds over for any period after the expiration (or earlier termination) remains in possession of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the Premises after expiration or termination of this Lease. In either of such events, possession : (i) Tenant shall be subject to become a tenant at sufferance upon all of the applicable terms and conditions of this Lease, except that the monthly Basic Base Rent for the initial month of holdover shall be increased to (a) one hundred twenty-five percent (125%) of the Basic Base Rent in effect during the last month of the Term for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) first month of holdover shall be one hundred fifty percent holdover, (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (Ib) one hundred fifty percent (150%) of the Basic Base Rent in effect for the last month immediately preceding of the date Term for the second (2nd) through sixth (6th) months of terminationholdover, and (c) two hundred percent (200%) of the Base Rent in effect during the last month of the Term thereafter; Tenant shall indemnify, defend, protect and hold harmless Landlord, the other Indemnitees, and any tenant to whom Landlord has leased all or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender part of the Premises upon the expiration from Claims (including loss of this Lease despite demand rent loss to do so Landlord or additional rent payable by such tenant and reasonable attorneys’ fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant’s failure timely to vacate the Premises; and (iii) such holding over by Tenant shall indemnify constitute an Event of Default. Landlord’s acceptance of Rent if and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination Tenant holds over shall not constitute a consent convert Tenant’s tenancy at sufferance to a holdover any other form of tenancy or result in a renewal or extension of the Term of this Lease, unless otherwise specified by written notice from Landlord to Tenant. The foregoing provisions Within ten (10) business days after Tenant’s request, Landlord shall provide Tenant a written notice setting forth any leases or other occupancy agreements for the Premises or any portion thereof entered into by Landlord as of the date of such request and which will commence after the expiration of the term of this Section are in addition Lease and for which Landlord may suffer Claims if Tenant fails to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawtimely vacate the Premises.
Appears in 2 contracts
Samples: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)
Holding Over. This Lease shall terminate without further notice upon It is hereby agreed that in the expiration event of the Term, and any Tenant holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either , by lapse of such eventstime or otherwise, possession thereafter the tenancy shall be subject from month to all month in the absence of a written agreement to the terms of this Leasecontrary, except that the and Tenant shall pay to Landlord a monthly Basic Rent occupancy charge equal to (i) for the initial month first sixty (60) days of holdover shall be holdover, one hundred twenty-five percent (125%) of the monthly Basic Rent Rental payable hereunder for the month immediately preceding the date of terminationlast lease year, monthly Basic Rent and (ii) for the second any holdover beyond said sixty (2nd60) month of holdover shall be days, one hundred fifty percent (150%) of the monthly Basic Rent Rental payable hereunder for the month immediately preceding last lease year (plus all other charges payable by Tenant under this Lease) such occupancy charges to be payable from the date expiration or termination of termination, and this Lease until the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) end of the Basic Rent calendar month in which the Premises are delivered to Landlord in the condition required herein. If Landlord shall enter into a new lease or amend an existing lease for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space premises in the Building for all or Projecta portion of the Premises at the end of the Term of this Lease, as the case may be. If Landlord shall so notify Tenant and if Tenant fails to surrender vacate and deliver all or such portion of the Premises upon to Landlord within sixty (60) days after receipt of such notice (but in no event prior to the expiration or earlier termination of this Lease despite demand to do so by LandlordLease), Tenant shall indemnify be responsible for any and hold all damages actually and reasonably incurred by Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such as a result of Tenant’s failure to surrender. Acceptance by Landlord so vacate and deliver the Premises or such portion thereof (including the loss of rent after the termination shall not constitute a consent to a holdover such lease or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawamendment).
Appears in 2 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date greater of termination, and the monthly Basic Rent for the third (3rda) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 2 contracts
Samples: Lease (AutoTrader Group, Inc.), Lease (Sonics, Inc.)
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this LeaseLease with Landlord’s express consent, or give Tenant’s occupancy shall be a month to month tenancy at a rent agreed upon by Landlord and Tenant any rights but, in no event less than the Monthly Basic Rent payable under this Lease, Lease during the last full month before the date of expiration or earlier termination. The month to month tenancy shall be on the terms and conditions of this Lease except when as provided in writing signed by both partiesthe preceding sentence and the Lease clauses concerning extension rights. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term hereof without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute , at a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject rental rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Monthly Basic Rent for which would be applicable to the month immediately preceding Premises upon the date of terminationexpiration of the Term (prorated on a daily basis), and otherwise subject to the monthly Basic Rent for terms, covenants and conditions herein specified, so far as applicable including, without limitation, the third (3rd) obligation to pay Direct Operating Expenses and each successive month Common Operating Expenses as provided in Paragraphs 5 and 6.2. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a holdover shall be the greater of: (I) one hundred fifty percent (150%) hereunder or result in a renewal. The foregoing provisions of the Basic Rent for the month immediately preceding the date this Paragraph 11 are in addition to and do not affect Landlord’s right of termination; re-entry or (ii) the then current Basic Rent for comparable space in the Building any rights of Landlord hereunder or Project, as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordPremises, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityliability arising out of such failure, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. Acceptance No provision of this Paragraph 11 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of rent after the Premises to Landlord as provided in this Lease upon expiration or other termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition Paragraph 11 shall not be considered to and do not affect Landlord's right limit or constitute a waiver of re-entry or any other rights or remedies of Landlord under provided in this Lease or at law; provided, however, that Landlord shall not be entitled to consequential damages except as expressly provided in this Paragraph 11.
Appears in 2 contracts
Samples: Lease Agreement (Okta, Inc.), Lease Agreement (Okta, Inc.)
Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Leased Premises or part of them after the expiration shall not constitute a renewal or extension termination of this Lease, Lease by lapse of time or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after otherwise at the expiration rate (or earlier termination“Holdover Rate”) which shall be One Hundred Fifty Percent (150%) of the Term without greater of (a) the amount of the Minimum Monthly Rent for the last period prior written consent to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance; and (b) the then market rental value of the Leased Premises as determined by Landlord assuming a new lease of the Leased Premises of the then usual duration and other terms, in either case, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such possession holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance only; at the Holdover Rate shall be deemed to have been created. In any event, no provision of this Section 33.2 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any actual and reasonable time required by Landlord to complete such obligations shall be considered a period of holding over with and the prior written consent terms of this section shall apply (provided, however, for the avoidance of doubt, such period of hold over under this sentence shall relate only to the actual and reasonable time required by Landlord to complete such obligations and in no event shall constitute Landlord be entitled to elect the same to be a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawtenancy).
Appears in 2 contracts
Samples: Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)
Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration be unlawfully and illegally in possession of the TermPremises, and whether or not Landlord accepts any holding over by rent from Tenant after or any other person while Tenant remains in possession of the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesPremises without Landlord's written consent. If Tenant holds over for any period after the expiration (or earlier termination) shall retain possession of the Term Premises or any portion thereof without the prior written Landlord's consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordor sooner termination for any reason, then Tenant shall indemnify pay to Landlord for each day of such retention the amount-greater of one-hundred and fifty percent (150.0%) of the amount of the daily rental as of the last month prior to the date of expiration or earlier termination or one-hundred and fifty percent (150.0%) of the then current market rent for comparable space in Mountain View. Tenant shall also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord following expiration or earlier termination of rent after this Lease, or following demand by Landlord for possession of the termination Premises, shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect Paragraph 25 shall waive Landlord's right of re-entry reentry or any other rights right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord under for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or at lawearlier termination of this Lease.
Appears in 2 contracts
Samples: Sublease Commencement Date Agreement (Ariba Inc), Sublease (Interwoven Inc)
Holding Over. This Lease Subtenant shall terminate without further notice upon have no right to Holdover. If Subtenant does not surrender and vacate the expiration Subleased Premises at the Expiration Date of this Sublease, Subtenant shall be a tenant at sufferance, or at the Termsole election of Sublandlord, a month to month tenancy, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Leaseparties agree in either case that the reasonable rental value, if at sufferance, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute Rent if a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month to month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month rate of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred and fifty percent (150%) of the Basic monthly Rent for the month immediately preceding the date of terminationset forth in Article 3, and if the monthly Basic definition of Rent for in either case does not include additional rent, then with any additional rent due and payable during such holdover period of time. In connection with this Xxxxxxxxx 00.0, Xxxxxxxxxxx and Subtenant agree that the third (3rd) and each successive month reasonable rental value of holdover the Subleased Premises following the Expiration Date of the Sublease shall be the greater of: (I) one hundred fifty percent (150%) amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Basic Rent for Effective Date, it is impracticable and/or extremely difficult to ascertain the month immediately preceding reasonable rental value of the date Subleased Premises on the Expiration Date and that the reasonable rental value established herein is a reasonable estimate of termination; the damage that Sublandlord would suffer as the result of the failure of Subtenant to timely surrender possession of the Subleased Premises. The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or (ii) penalty within the then current Basic Rent for comparable space meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Sublandlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sublandlord if Subtenant fails to surrender the Subleased Premises upon the termination or expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify, defend and hold Sublandlord harmless from all Claims resulting from such failure, including, without limitation, any Claims by any third parties based on such failure to surrender. Furthermore, in the Building or Project, as the case may be. If Tenant event that Subtenant fails to surrender the Premises upon after such time that (a) the expiration Master Lease has expired and (b) Sublandlord has surrendered its premises under the Master Lease, then the rate for month to month tenancy at sufferance shall be one hundred and fifty percent of this Lease despite demand any and all Rent due to do so by Landlord, Tenant shall indemnify and hold Master Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after Sublandlord under the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe Master Lease.
Appears in 2 contracts
Samples: Sublease Agreement (Compugen LTD), Sublease Agreement (Kalobios Pharmaceuticals Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration Unless otherwise agreed to in writing by Landlord and Tenant, if Tenant retains possession of the Term, and Premises or any holding over by Tenant part thereof after the expiration shall not constitute a renewal or extension earlier termination of this Lease, or give Tenant any rights under this Lease, except when shall pay Landlord Rent at 150% of the monthly rate in writing signed by both parties. If Tenant holds over for any period after effect immediately prior to the expiration (or earlier termination) termination of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationtime Tenant thus remains in possession and, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordaddition thereto, Tenant shall indemnify and hold pay Landlord harmless from for all loss or liabilitydamages, including without limitationconsequential as well as direct, any claims made sustained by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord reason of rent after the termination shall not constitute a consent to a holdover or result in a renewal Tenant's retention of this Leasepossession. The foregoing provisions of this Section are in addition to and Article 10 do not affect exclude Landlord's right rights of re-entry or any other right hereunder. No such holding over shall be deemed to constitute a renewal or extension of the Term hereof and Landlord will retain all rights to re-enter the Premises from and after the expiration or earlier termination of this Lease. Further, from and after the date that Landlord has provided written notice to Tenant that Landlord desires possession of the Premises, effective at any time on or after the expiration or termination of this Lease (but not earlier than thirty (30) days following the provision of such notice), to either (i) prepare the same for the possession thereof by a new tenant or (ii) to provide possession of the same to a new tenant, Tenant will be liable to Landlord for all consequential damages suffered by Landlord as a result of Tenant's continuing occupancy of the Premises, including without limitation damages arising from increased costs to prepare the Premises (or any part thereof) more quickly for such new tenant, costs for concessions to such new tenant arising from delayed occupancy, damages for which Landlord is liable to such new tenant as a result of Landlord's inability to deliver the Premises as and when required under any new agreement and any lost rental or other consideration, any tenant improvements completed or Realtor fees owed, from a lease that is terminated by a tenant due to the inability of Landlord under this Lease to deliver the Premises to such new tenant as provided in a written lease with such tenant for occupancy of the Premises or at lawany part thereof.
Appears in 2 contracts
Samples: Office Lease (Education Lending Group Inc), Office Lease (Education Lending Group Inc)
Holding Over. This In the event of holding over by Tenant after expiration or termination of this Lease without the written consent of Landlord, Tenant shall terminate without further notice upon the expiration pay for each month or portion thereof of the Term, and any holdover tenancy holdover rent at the rate of twice the rate of Gross Rent which Tenant was obligated to pay for the month or portion thereof immediately preceding the end of the Term together with such other amounts as may become due hereunder. No holding over by Tenant after the expiration Term or Extended Term shall not constitute a renewal operate to extend the Term. In the event of any unauthorized holding over, Landlord may give notice to Tenant of such holdover, and, if Landlord gives such notice to Tenant, Tenant shall indemnify Landlord (i) against all claims for damages by any other tenant to whom Landlord may have leased all or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) part of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following Leased Premises covered hereby effective upon the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) for all other losses, costs and expenses, including reasonable attorneys’ fees, incurred by Landlord by reason of such holding over. Landlord shall include in its notice to Tenant hereunder an estimate of the then current Basic Rent for comparable space damages which Landlord reasonably anticipates suffering in the Building six (6) months following such notice as a result of Tenant’s holdover, but such indemnity shall be effective whether or Project, as not any of the case may be. If damages actually suffered by Landlord were set forth in Landlord’s notice to Tenant fails and shall not in any manner be limited to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such ’s failure to surrenderlist any such damage in its notice to Tenant so long as Landlord was reasonable in furnishing Tenant its estimate. Acceptance by Any holding over with the consent of Landlord of rent after the termination in writing shall not thereafter constitute a consent lease from month to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition month subject to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe terms hereof.
Appears in 2 contracts
Samples: Lease (Houghton Mifflin Co), Lease (Houghton Mifflin Co)
Holding Over. This If Tenant remains in possession after expiration or termination of the Lease Term, with or without Landlord’s written consent, Tenant shall become a tenant-at-will, and there shall be no renewal of this Lease by operation of law. During the first ninety (90) days of any such holding over, all provisions of this Lease shall terminate without further notice upon the expiration of the Term, be and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when remain in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, effect except that the monthly Basic Rent for the initial month of holdover Base Rental and Tenant’s Additional Rental shall be an amount equal to one hundred twenty-five percent (125%) of the Basic Rent Base Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) last full month of holdover the Lease Term, and thereafter monthly Base Rental and Tenant’s Additional Rental shall be an amount equal to one hundred fifty percent (150%) of the Basic Rent amount of Base Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive last full month of holdover shall be the greater of: (I) one hundred fifty percent (150%) Lease Term. The inclusion of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space sentence in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand shall not be construed as Landlord’s consent for Tenant to do so by Landlord, hold over. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all loss claims, losses and liabilities for damages resulting from failure to surrender possession upon the expiration or liabilitysooner termination of the Lease Term, including including, without limitation, any claims made by any succeeding tenant relating to tenant. Notwithstanding the foregoing, in the event of a holdover, Tenant shall not be responsible for consequential damages unless such failure to surrender. Acceptance holdover lasts longer than six (6) months, and if such holdover lasts longer than six (6) months, Tenant shall only be responsible for those consequential damages incurred by Landlord of rent after the termination shall not constitute a consent to a date that is six (6) months after the date Tenant’s holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawcommenced.
Appears in 2 contracts
Samples: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)
Holding Over. This Lease shall terminate without further notice upon the expiration Time is of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) essence of the Term without Tenant’s obligation to vacate the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following Premises upon the termination of this the Lease. In either of such eventsUnless Landlord expressly agrees otherwise in writing, possession Tenant shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be pay Landlord one hundred fifty percent (150%) of the Basic amount of Rent payable by Tenant during the last month of the Lease Term prorated on a per diem basis for each day Tenant shall fail to vacate or surrender possession of the month immediately preceding Premises or any part thereof after expiration or earlier termination of this Lease, together with all damages sustained by Landlord on account thereof. Tenant shall pay such amounts on demand, and, in the date absence of terminationdemand, monthly in advance. The foregoing provisions, and Landlord’s acceptance of any such amounts, shall not serve as permission for Tenant to hold-over, nor serve to extend the monthly Basic Rent for Term (although Tenant shall remain a tenant-at-sufferance bound to comply with all provisions of this Lease). Landlord shall have the third (3rd) right at any time after expiration or earlier termination of this Lease, or Tenant’s right to possession, to reenter and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender possess the Premises upon the expiration and remove all property and persons therefrom, and Landlord shall have such other remedies for holdover as may be available to Landlord under other provisions of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseapplicable Laws. The foregoing provisions of this Section are in addition 23 notwithstanding, Tenant shall have the right to holdover for two (2) months beyond the end of the Lease Term at its then current Rent upon written notice to Landlord given at least three (3) months prior to the end of the Lease Term; provided, however, that thereafter Tenant shall have no right to occupy the Premises and do not affect Landlord's right the other provisions of re-entry or any other rights of Landlord under this Lease or at lawSection 23 shall then apply.
Appears in 2 contracts
Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Holding Over. This Lease shall terminate without further notice upon on the expiration of the Term, and any Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant after expiration of the expiration Lease Term shall not neither constitute a renewal or nor extension of this Lease, or Lease nor give Tenant any rights under in or to the Leased Premises except as expressly provided in this Lease, except when in writing signed by both partiesParagraph. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; Any such holding over with the prior written consent of to which Landlord has consented shall constitute be construed to be a tenancy from month to month-to-month tenancy commencing , on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the same terms of this Leaseand conditions herein specified insofar as applicable, except that the monthly Basic Base Monthly Rent for the initial month of holdover shall be increased to an amount equal to one hundred twenty-five percent (125%) of the Basic Monthly Base Rent for the last month immediately preceding the date of termination, monthly Basic Rent such holding over for the second first two (2nd2) month of holdover shall be months or any such holding over, and thereafter one hundred fifty percent (150%) of the Basic Base Monthly Rent for payable during the last full month immediately preceding such holding over. Without limiting the date of terminationforegoing, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building event of a holding over to which Landlord has consented, any rights of Landlord or Projectobligations of Tenant set forth in this Lease and purporting to apply during the term of this Lease, as shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the case may beLeased Premises. If Therefore, in the event Tenant fails to surrender does not vacate the Leased Premises upon in accordance with the terms of this Paragraph 13.2 on or before the expiration of this the Lease despite demand Term (or the expiration of a holdover term, if applicable) after receiving at least thirty (30) days’ advance written notice from Landlord demanding that Tenant vacate the Leased Premises and otherwise satisfying the requirements set forth below (a “Vacation Notice”), which notice may be given to do so by LandlordTenant at any time during the last sixty (60) days of the Lease Term or during any holdover period, Tenant shall be liable for all damages (including attorneys’ fees and expenses) of whatever type (including consequential damages) incurred by Landlord as a result of such holding over, and Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liabilityclaims resulting from such failure to vacate, including including, without limitationlimiting the foregoing, any claims made by any succeeding tenant relating founded upon such failure to surrender, and any losses suffered by Landlord, including lost profits, resulting from such failure to surrender. Acceptance by Landlord of rent after the termination The Vacation Notice shall not constitute a consent specifically refer to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawand the address of the Building, and shall include (on the first page of the Vacation Notice) the following language in bold, capitalized font: “NOTICE: UNDER PARAGRAPH 13.2 OF THE LEASE, TENANT’S FAILURE TO VACATE THE LEASED PREMISES BY THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM (OR HOLDOVER TERM IF APPLICABLE) MAY RESULT IN SIGNIFICANT DAMAGES TO LANDLORD, INCLUDING CONSEQUENTIAL DAMAGES.”
Appears in 2 contracts
Samples: Lease Agreement (Aruba Networks, Inc.), Lease Agreement (Aruba Networks, Inc.)
Holding Over. This Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extension period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of the Lease shall terminate without further notice Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent shall be increased to equal One Hundred Fifty per cent (150%) of the Base Rent, plus Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any holding over by Tenant after the expiration shall not constitute a renewal or extension other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. Any holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or give Tenant any rights under this Leasetenancy from month-to-month; provided, except when however, that Landlord may, in writing signed by both parties. If Tenant holds over for any period after addition to its other remedies, elect, in its sole discretion, to treat such holdover as the expiration (or earlier termination) creation of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Leasewith Tenant. In either no event shall any holdover be deemed a permitted extension or renewal of such eventsthe Lease Term, possession and nothing contained herein shall be subject construed to constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, all of the terms of this Lease, except that Lease shall remain in full force and effect during the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawperiod.
Appears in 2 contracts
Samples: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)
Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Premises or part of them after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Lease by lapse of such events, possession time or otherwise at the rate (“Holdover Rate”) which shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent One Hundred Fifty Percent (150%) of the Basic amount of the Annual Rent for the month immediately preceding last period prior to the date of terminationsuch termination plus all Rent Adjustments under Article 4, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention; provided, however, if Tenant provides at least six (6) months prior written notice to Landlord of its intention to retain possession of the monthly Basic Premises after the termination of this Lease, then during the first thirty (30) days of any such holdover period, Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease the amount of the Annual Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding last period prior to the date of termination; or such termination plus all Rent Adjustments under Article 4, prorated on a daily basis, and Tenant shall not be liable for any damages sustained by Landlord by reason of such retention during such thirty (ii30) the then current Basic Rent for comparable space in the Building or Project, as the case may beday period. If Landlord gives notice to Tenant fails of Landlord’s election to surrender the Premises upon the expiration such effect, such holding over shall constitute renewal of this Lease despite demand for a period from month to do month at the Holdover Rate, but if the Landlord does not so by Landlordelect, Tenant no such renewal shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance result notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination; and instead, a tenancy at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result in a renewal have been created. In any event, no provision of this Lease. The foregoing provisions of this Section are in addition Article 14 shall be deemed to and do not affect waive Landlord's ’s right of re-entry reentry or any other rights of Landlord right under this Lease or at law.
Appears in 2 contracts
Samples: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to surrender all or any part of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy Premises at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. In either of such events, possession Tenant’s occupancy shall be subject to all of the terms and provisions of this Lease, except that and Tenant shall pay an amount (on a per month basis without reduction for partial months during the monthly Basic Rent for holdover) equal to the initial month greater of holdover shall be one (i) two hundred twenty-five percent (125200%) of the Basic sum of the Base Rent and Additional Rent due for the month monthly period immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationholdover, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in fair market rental value of the Building or ProjectPremises, as determined by Landlord. No holdover by Tenant or payment by Tenant after the case may betermination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover and Tenant fails to surrender vacate the Premises upon the expiration of this Lease despite demand to do so by within thirty (30) days after notice from Landlord, Tenant shall indemnify and hold be liable for all damages that Landlord harmless suffers from all loss or liabilitythe holdover, including including, without limitation, any claims made by any succeeding tenant relating founded upon such delay, any payment or rent concession which Landlord may be required to make to such failure tenant to surrender. Acceptance induce such tenant not to terminate its lease by Landlord reason of rent after the termination holding over by Tenant, and the loss of the benefit of the bargain if any such tenant shall not constitute a consent to a holdover or result in a renewal terminate its lease by reason of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsuch holding over by Tenant.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Loxo Oncology, Inc.)
Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant with respect to all or any portion of the Leased Premises after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term without the prior written consent of LandlordLease Agreement, such possession holding over shall constitute a tenancy at sufferance only; such holding over with the prior written consent of relationship between Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to and Tenant and all of the terms and provisions of this LeaseLease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the monthly Basic Rent for the initial month period of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be such hold over an amount equal to one hundred fifty percent (150%) of the Basic Rent payable by Tenant for the month immediately preceding the date holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of terminationLandlord, and shall operate to extend this Lease Agreement except as herein provided. In the monthly Basic Rent for the third event of any unauthorized holding over, Tenant shall also indemnify, defend (3rdwith counsel reasonably acceptable to Landlord) and each successive month of holdover shall be hold harmless the greater of: Landlord Parties (as defined on Exhibit I) one hundred fifty percent (150%) against all claims for damages against the Landlord Parties as a result of Tenant’s possession of the Basic Rent Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of the month immediately preceding Leased Premises effective upon the date termination of termination; or (ii) this Lease Agreement. Notwithstanding anything herein to the then current Basic Rent for comparable space in the Building or Projectcontrary, as the case may be. If Landlord and Tenant fails specifically agree that no notice to surrender the Premises upon terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term of this Lease despite demand to do so by Landlord, Agreement under Section 91.001 or Section 24.005 of the Texas Property Code before Landlord files a forcible detainer suit on grounds that Tenant shall indemnify is holding over beyond the end of the Term or renewal period (if any) hereof; and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination sublease hereunder shall not constitute be approved unless it also contains a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawspecific comparable waiver by the subtenant thereunder.
Appears in 2 contracts
Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)
Holding Over. This Lease shall terminate without further notice upon Tenant will not be permitted to hold over possession of the Premises after the expiration or earlier termination of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for the initial month of any such holdover period shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be equal to one hundred fifty percent (150%) of the Basic Monthly Base Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of effect under this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating immediately prior to such failure to surrenderholdover, prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Industrial Lease (Cutter & Buck Inc), Industrial Lease (Cutter & Buck Inc)
Holding Over. This Lease shall terminate without further notice upon It is hereby agreed that in the expiration event of the Term, and any Tenant holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either , by lapse of such eventstime or otherwise, possession thereafter the tenancy shall be subject from month to all month in the absence of a written agreement to the terms of this Leasecontrary, except that the and Tenant shall pay to Landlord a monthly Basic Rent occupancy charge equal to (i) for the initial month first sixty (60) days of holdover shall be holdover, one hundred twenty-five percent (125%) of the monthly Basic Rent Rental payable hereunder for the month immediately preceding the date of terminationlast lease year, monthly Basic Rent and (ii) for the second any holdover beyond said sixty (2nd60) month of holdover shall be days, one hundred fifty percent (150%) of the monthly Basic Rent Rental payable hereunder for the month immediately preceding last lease year (plus all other charges payable by Tenant under this Lease) such occupancy charges to be payable from the date expiration or termination of termination, and this Lease until the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) end of the Basic Rent calendar month in which the Premises are delivered to Landlord in the condition required herein. If Landlord shall enter into a new lease or amend an existing lease for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space premises in the Building for all or Projecta portion of the Premises at the end of the term of this Lease, as the case may be. If Landlord shall so notify Tenant and if Tenant fails to surrender vacate and deliver all or such portion of the Premises upon to Landlord within sixty (60) days after receipt of such notice (but in no event prior to the expiration or earlier termination of this Lease despite demand to do so by LandlordLease), Tenant shall indemnify be responsible for any and hold all damages actually and reasonably incurred by Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such as a result of Xxxxxx’s failure to surrender. Acceptance by Landlord so vacate and deliver the Premises or such portion thereof (including the loss of rent after the termination shall not constitute a consent to a holdover such lease or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawamendment).
Appears in 2 contracts
Samples: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five twenty percent (125120%) of the Basic Rent for the month immediately preceding the date of terminationtermination for the initial two (2) months of holdover by Tenant and thereafter, the monthly Basic Rent for the second third (2nd3rd) and each successive month of holdover shall be the greater of one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite Landlord's written demand to do so by Landlord(which demand shall include notice to Tenant of a succeeding tenant and the need for Tenant's immediate surrender), then Tenant shall indemnify be liable for Landlord's foreseeable consequential and hold Landlord harmless from all loss or liabilityother damages (including, including without limitation, any claims made reasonable attorney's fees) proximately caused by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 2 contracts
Samples: Industrial Lease (Broadcom Corp), Lease Agreement (Broadcom Corp)
Holding Over. This Lease shall terminate without further notice upon Upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal term or extension other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. If Tenant shall hold over after the expiration of this term or give Tenant any rights under other termination of this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to be a renewal of this Lease but shall be deemed to create a tenancy-at-will and by such holding over Tenant shall be deemed to have agreed to be bound by all of the prior written consent terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at that time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant agrees to pay Landlord's reasonable attorney's fees. Tenant shall surrender all keys to the Premises to the Landlord at the place then fixed for the payment of rent and shall constitute a month-to-month tenancy commencing inform Landlord of all combinations on locks, safes and vaults, if any, in the first (1st) day following Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination of this Lease, provided Tenant restores the Premises in a commercially reasonable fashion. In either of Tenant shall, at its expense, remove from the Premises on or prior to such eventsexpiration or earlier termination all furnishings, possession shall be subject to fixtures and equipment situated thereon (including all exterior and interior signs) which are not the property of the terms of this LeaseLandlord, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of and Tenant shall, at is expense, on or before such expiration or earlier termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so repair any damage caused by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawremoval.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)
Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlordfurther term, and in such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession case Monthly Base Rent shall be subject payable at a monthly rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month immediately preceding of any holdover, Monthly Base Rent will be payable at the date rate of termination125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) right to require Tenant to surrender possession of the Basic Rent for Premises to Landlord as provided in this Lease upon the month immediately preceding expiration or other termination of this Lease. The provisions of this Article 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or ProjectPremises. Therefore, as the case may be. If if Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liabilityclaims resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance , and any losses suffered by Landlord of rent after the termination shall not constitute a consent Landlord, including lost profits, resulting from such failure to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsurrender.
Appears in 2 contracts
Samples: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)
Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after further term, and in such case Base Rent shall be payable at a monthly rate equal to (i) for the expiration first two (or earlier termination2) months of the Term without the prior written consent of Landlordholdover, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Base Rent applicable during the last rental period of the Lease Term under this Lease and (ii) for the month immediately preceding remainder of the date of terminationholdover period, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one two hundred fifty percent (150200%) of the Basic Base Rent for applicable during the last rental period of the Lease Term under this Lease. Such month-to-month immediately preceding tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord hereby expressly reserves the date right to require Tenant to surrender possession of termination; the Premises to Landlord as provided in this Lease upon the expiration or (ii) other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the then current Basic Rent for comparable space in the Building or Project, as the case may bePremises. If Landlord provides Tenant with at least thirty (30) days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, and if Tenant fails to surrender the Premises upon the later of (i) the date of expiration of such thirty (30) day period, or (ii) the date of expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to protect, indemnify, defend and hold Landlord harmless from all loss or liabilitycosts (including reasonable attorneys' fees), losses, expenses and liabilities resulting from such failure, including without limitation, any claims made by any succeeding tenant relating to and/or real estate brokers in connection with such failure to surrender. Acceptance by , and any lost profits to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.
Appears in 2 contracts
Samples: Office Lease (Websense Inc), Office Lease (Websense Inc)
Holding Over. This Lease Tenant shall terminate without further notice vacate the Premises upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Lease Term or extension earlier termination of this LeaseLease in the condition required under Section 6.06. Tenant shall pay Base Rent to Landlord on a per diem basis for each day of any hold over, or give at a rate equal to one hundred fifty percent (150%) of the Base Rent then in effect and Tenant any rights under this Lease, except when in writing signed by both partiesshall reimburse Landlord for and defend and indemnify Landlord against actual damages which Landlord incurs from Tenant’s delay. If Tenant holds over for any period after does not vacate the Premises upon the expiration (of the Lease Term or earlier termination) termination of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over Lease in accordance with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination terms of this Lease. In either Lease and Landlord thereafter accepts Rent from Tenant, Tenant’s occupancy of such events, possession the Premises shall be a “month to month” tenancy, subject to all of the terms of this Lease, except that other than the monthly Basic Rent for the initial month payment of holdover Base Rent, which shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationpaid at a per diem rate as set forth above, and Landlord shall have the monthly Basic Rent for the third (3rd) right to terminate this Lease and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails Tenant’s right to surrender occupy the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrenderon thirty (30) days’ notice. Acceptance by Landlord of rent any Rent after the such expiration or earlier termination of this Lease shall not constitute a consent to a holdover hereunder or result in a renewal of this Lease. The foregoing provisions of the Lease or any lease and nothing in this Section are in addition 2.05 shall limit or restrict Landlord from pursuing any remedies against Tenant for failure to timely vacate the Premises. If Landlord provides Tenant at least thirty (30) days’ prior written notice of such potential damages, then Tenant shall reimburse Landlord for and do not affect Landlord's right of re-entry or any other rights of defend and indemnify Landlord under this Lease or at lawagainst actual, incidental and consequential damages which Landlord incurs solely from Tenant’s holdover.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Holding Over. This Lease shall terminate without further notice upon Upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal term or extension other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. If Tenant shall hold over after the expiration of this term or give Tenant any rights under other termination of this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to be a renewal of this Lease but shall be deemed to create a tenancy-at-will and by such holding over Tenant shall be deemed to have agreed to be bound by all of the prior written consent terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at that time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant agrees to pay Landlord’s reasonable attorney’s fees. Tenant shall surrender all keys to the Premises to the Landlord at the place then fixed for the payment of rent and shall constitute a month-to-month tenancy commencing inform Landlord of all combinations on locks, safes and vaults, if any, in the first (1st) day following Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination of this Lease, provided Tenant restores the Premises in a commercially reasonable fashion. In either of Tenant shall, at its expense, remove from the Premises on or prior to such eventsexpiration or earlier termination all furnishings, possession shall be subject to fixtures and equipment situated thereon (including all exterior and interior signs) which are not the property of the terms of this LeaseLandlord, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of and Tenant shall, at is expense, on or before such expiration or earlier termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so repair any damage caused by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawremoval.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)
Holding Over. This Lease shall terminate without further notice upon If Tenant holds over for more than thirty (30) days after the expiration of the TermLease Term or earlier termination thereof, such tenancy shall be a tenancy at sufferance, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to the product of this Lease, or give Tenant any rights (i) the daily Rent applicable during the last unabated rental period of the Lease Term under this Lease, except when and (ii) a percentage equal to 125% during the first three (3) months immediately following the expiration or earlier termination of the Lease Term, and 150% thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in writing signed this Article 16 shall be construed as consent by both partiesLandlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. If Tenant holds over without Landlord’s express written consent, and tenders payment of rent for any period after beyond the expiration (or earlier termination) of the Lease Term without the prior written consent by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such possession check or acceptance of such wire shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be considered inadvertent and not be construed as creating a month-to-month tenancy commencing on the first (1st) day following the termination tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. The provisions of this Lease. In either Article 16 shall not be deemed to limit or constitute a waiver of such events, possession shall be subject to all any other rights or remedies of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; Landlord provided herein or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beat law. If Tenant fails to surrender the Premises upon within one (1) month after the termination or expiration of this Lease despite demand Lease, then in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrendersurrender and any lost profits to Landlord resulting therefrom. Acceptance by Landlord Tenant agrees that any proceedings necessary to recover possession of rent the Premises, whether before or after expiration of the termination Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.
Appears in 2 contracts
Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)
Holding Over. This Lease shall terminate without further notice upon the expiration of the TermTenant will, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease by lapse of time or otherwise, yield up immediate possession to Landlord. In either of such events, If Tenant retains possession shall be subject to all of the Leased Premises or any part thereof after such termination, then Landlord may, at its option and at any time, serve written notice upon Tenant that such holding over constitutes any one of (i) creation of a month to month tenancy, upon the terms of and conditions set forth in this Lease; or (ii) creation of a tenancy at sufferance, except in any case upon the terms and conditions set forth in this Lease; provided, however, that the monthly Basic Rent for the initial month of holdover shall (or daily Rent under (ii)) shall, in addition to all other sums which are to be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationpaid by Tenant hereunder, monthly Basic Rent for the second (2nd) month of holdover shall whether or not as Additional Rent, be equal to one hundred fifty percent (150%) of the Basic Rent being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of (ii) on the basis of a 365-day year for the month immediately preceding the date of terminationeach day Tenant remains in possession). If no such notice is served, and the monthly Basic Rent for the third (3rd) and each successive month of holdover then a tenancy at sufferance shall be deemed to be created at the greater of: Rent in the preceding sentence. In the event a tenancy at sufferance is created, Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Leased Premises if such tenancy at sufferance continues for more than thirty (I30) days after Landlord’s notice that Landlord has a subsequent tenant for a portion of the Leased Premises. The provisions of this Paragraph shall not constitute a waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any Rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed or act as a reformation or novation of this Lease or a waiver of any of Landlord’s rights pursuant to this Paragraph 12, including, without limitation, Landlord’s right to demand at any time one hundred fifty percent (150%) of the Basic Rent for any period of time after the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify whether or not Landlord has accepted and hold Landlord harmless from all loss or liability, including without limitation, deposited any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result Rent in a lesser amount for such period and whether or not Landlord made any demand for any such Additional Rent, and whether or not Tenant and Landlord are then negotiating for extension or renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe entry into a new lease for the Leased Premises or for other premises and without any condition or requirement that Landlord notify Tenant that Tenant’s holding over is wrongful or that Tenant’s holding over be held to be wrongful.
Appears in 2 contracts
Samples: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Premises or part of them after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Lease by lapse of such events, possession time or otherwise at the rate ("Holdover Rate") which shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (One Hundred Fifty Percent ( 150%) of the Basic Minimum Monthly Rent for the month immediately preceding last period prior to the date of terminationsuch termination plus Tenant's Proportionate Share of Operating Costs, Real Estate Taxes and Insurance, prorated on a daily basis, and the monthly Basic Rent for the third (3rd) and each successive month also pay all actual damages sustained by Landlord by reason of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may besuch retention. If Landlord gives notice to Tenant fails of Landlord's election to surrender the Premises upon the expiration such effect, such holding over shall constitute renewal of this Lease despite demand for a period from month to do month at the Holdover Rate, but if the Landlord does not so by Landlordelect, Tenant no such renewal shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance result notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination; and instead, a tenancy at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result in a renewal of this Leasehave been created. The foregoing provisions In any event, no provision of this Section are in addition 33.2 shall be deemed to and do not affect waive Landlord's right of re-entry reentry or any other rights of Landlord right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply.
Appears in 2 contracts
Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Holding Over. This Tenant shall have no right whatsoever to remain in possession of the Premises following the expiration or earlier termination of the Lease shall terminate without further Term, whether or not Landlord has given Tenant notice to vacate. If Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Lease Term, then Tenant shall become a tenant at sufferance subject to immediate eviction by Landlord at any time, and any holding over by Tenant after the expiration rent shall not constitute a renewal or extension be increased to an amount equal to the greater of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier terminationx) 200% of the Term without Annual Fixed Rent and Additional Rent calculated at the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of highest rate payable under the terms of this Lease, except that or (y) 150% of the monthly Basic Rent for fair market rental value of the initial month of holdover Premises. Such rent shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, computed on a monthly Basic Rent for the second (2nd) month of holdover basis and shall be one hundred fifty percent (150%) payable on the first day of such holdover period and the Basic Rent for first day of each calendar month thereafter during such holdover period until the month immediately preceding the date Premises have been vacated. Landlord’s acceptance of terminationsuch rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover damages, and the monthly Basic Rent for the third (3rd) and each successive month of holdover Tenant shall be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space Premises. All property which remains in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon after the expiration or termination of this Lease despite demand shall be conclusively deemed to do so be abandoned and may either be retained by LandlordLandlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, Tenant shall indemnify then Landlord may receive the proceeds of such sale and hold Landlord harmless from all loss or liabilityapply the same, including without limitationat its option against the expenses of the sale, the cost of moving and storage, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord arrears of rent after the termination shall not constitute a consent or other charges payable hereunder by Tenant to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition Landlord and any damages to and do not affect Landlord's right of re-entry or any other rights of which Landlord may be entitled under this Lease or and at lawlaw and in equity.
Appears in 2 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (EPIRUS Biopharmaceuticals, Inc.)
Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (Lease Term or earlier termination) of the Term termination thereof, without the prior express written consent of Landlord, such possession tenancy shall constitute be a tenancy at sufferance only; such holding over with the prior written consent of Landlord sufferance, and shall not constitute a month-to-month tenancy commencing on renewal hereof or an extension for any further term, and in such case daily damages in any action to recover possession of the first (1st) day following the termination of this Lease. In either of such events, possession Premises shall be subject calculated at a daily rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (Ii) one hundred fifty percent (150%) of the Basic Base Rent applicable during the last rental period of the Lease Term under this Lease for the month immediately preceding the date first (1st) two (2) months of termination; or such holdover, and (ii) two hundred percent (200%) thereafter plus one hundred percent (100%) of all Additional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the then current Basic Rent for comparable space right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Building expiration or Project, as the case may beother termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any claims made by any succeeding tenant relating to founded upon such failure to surrendervacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. Acceptance by Landlord Tenant agrees that any proceedings necessary to recover possession of rent the Premises, whether before or after expiration of the termination Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.
Appears in 2 contracts
Samples: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent the greater of: (125%a) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by , provided Landlord has given written notice to Tenant of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leasesuch succeeding tenant. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 2 contracts
Samples: Lease (Ista Pharmaceuticals Inc), Lease (Micro Therapeutics Inc)
Holding Over. This Lease shall terminate without further notice upon If Tenant holds possession of the Premises after expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension term of this LeaseLease with Landlord’s written consent, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute will become a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a tenant from month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of upon the terms of this Leasespecified herein, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall will be one hundred fifty percent (150%) of the Basic Rent for in effect immediately prior to such expiration. Such month-to-month tenancy may be terminated by either Landlord or Tenant by giving sixty (60) days written notice of termination to the month immediately preceding the date of terminationother. If Tenant holds over without Landlord’s written consent, and the monthly Basic Rent for the third (3rd) and each successive month of holdover Tenant shall be the greater of: (I) one a tenant at sufferance. In such event, Tenant shall pay Rent equal to two hundred fifty percent (150200%) of the Basic Rent for payable during the last month of the Term. If Tenant (a) fails to surrender the Premises within thirty (30) days after either Tenant or Landlord have terminated the month immediately preceding the date of terminationto month tenancy; or (iib) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If if Tenant fails to surrender the Premises upon within thirty (30) days after receipt of a notice to quit if Tenant is a tenant at sufferance; or (c) if Tenant fails to surrender the Premises within thirty (30) days after the expiration of this Lease despite demand whether it be an expiration or an earlier expiration due to do so by Landlorddefault (time being of the essence), Tenant shall indemnify be liable to Landlord for all losses, costs, liabilities and damages which Landlord may incur by reason thereof, including, without limitation, reasonable attorneys’ fees, and Tenant shall indemnify, defend and hold Landlord harmless from against all loss or liability, including without limitation, any claims made by any succeeding tenant relating occupant against Landlord or otherwise arising out of or resulting from the failure of Tenant to such failure to surrender. Acceptance by Landlord of rent after timely surrender and vacate the termination shall not constitute a consent to a holdover or result Premises in a renewal accordance with the provisions of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 2 contracts
Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Leased Premises or part of them after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Lease by lapse of such events, possession shall be subject to all of time or otherwise at the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover rate (“Holdover Rate”) which shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred Hundred fifty percent Percent (150%) of the Basic Minimum Monthly Rent for the month immediately preceding last period prior to the date of terminationsuch termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance then required to be paid hereunder, prorated on a daily basis, and the monthly Basic Rent for the third (3rd) and each successive month also pay all damages sustained by Landlord by reason of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may besuch retention. If Landlord gives notice to Tenant fails of Landlord’s election to surrender the Premises upon the expiration such effect, such holding over shall constitute renewal of this Lease despite demand for a period from month to do month the Holdover Rate, but if the Landlord does not so by Landlordelect, Tenant no such renewal shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance result notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination; and instead, a tenancy at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result in a renewal of this Leasehave been created. The foregoing provisions In any event, no provision of this Section are in addition 33.2 shall be deemed to and do not affect waive Landlord's ’s right of re-entry reentry or any other rights of Landlord right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Puma Biotechnology, Inc.)
Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant with respect to all or any portion of the Leased Premises after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term without the prior written consent of LandlordLease Agreement, such possession holding over shall constitute a tenancy at sufferance only; such holding over with the prior written consent of relationship between Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to and Tenant and all of the terms and provisions of this LeaseLease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the monthly Basic Rent for the initial month period of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be such hold over an amount equal to one hundred fifty percent (150%) of the Basic Rent payable by Tenant for the month immediately preceding the date holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of terminationLandlord, and shall operate to extend this Lease Agreement except as herein provided. In the monthly Basic Rent for the third event of any unauthorized holding over, Tenant shall also indemnify, defend (3rdwith counsel reasonably acceptable to Landlord) and each successive month of holdover shall be hold harmless the greater of: Landlord Parties (as defined on Exhibit I) one hundred fifty percent (150%) against all claims for damages against the Landlord Parties as a result of Tenant’s possession of the Basic Rent Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part of the month immediately preceding Leased Premises effective upon the date termination of termination; or (ii) this Lease Agreement. Notwithstanding anything herein to the then current Basic Rent for comparable space in the Building or Projectcontrary, as the case may be. If Landlord and Tenant fails specifically agree that no notice to surrender the Premises upon terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term of this Lease despite demand to do so by Landlord, Agreement under Section 91.001 or Section 24.005 of the Texas Property Code before Landlord files a forcible detainer suit on grounds that Tenant shall indemnify is holding over beyond the end of the Term or renewal period (if any) hereof; and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination sublease hereunder shall not constitute be approved unless it also contains a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawspecific comparable waiver by the subtenant thereunder.
Appears in 2 contracts
Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current Basic Rent fair market rental for comparable space in the Building or Project, as the case may bePremises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 2 contracts
Samples: Lease Agreement (Micrus Endovascular Corp), Lease (Senorx Inc)
Holding Over. This If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (a) 150% of the Base Rent in effect immediately preceding such termination or (b) the fair market rent for the Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the termination of this Lease shall terminate without further be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, Tenant shall be liable for any and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Tenant shall have the right, by written notice upon delivered to Landlord at least thirty (30) days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any holding over by Tenant after the expiration shall not constitute a renewal confidentiality or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or earlier terminationhas completed) of such a lease; however, the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are sentence will in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord no event limit Tenant’s obligations under this Lease Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not diminish Tenant’s rights, liabilities or at lawobligations hereunder in the event that Landlord subsequently commences any such negotiations.
Appears in 2 contracts
Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)
Holding Over. This Lease shall terminate without further notice upon If Tenant, or anyone claiming under Tenant, fails to vacate and surrender the expiration Premises to Landlord at the end of the Term, then Tenant shall be a tenant at sufferance and, in addition to all other damages and any remedies to which Landlord may be entitled for such holding over Tenant shall pay Rent at a monthly rate equal to one and one-half (1 1/2) times the sum of the Basic Rent plus Additional Rent payable during the last calendar month of the Term for the entire holdover period, calculated and pro-rated on a daily basis, and Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holding over by Tenant after the end of the Term shall be construed to extend this Lease. If Tenant fails to vacate and surrender the Premises to Landlord at the end of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losses, costs (including reasonable attorneys’ fees) and liabilities resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to vacate and surrender the Premises to Landlord, and any lost profits to Landlord resulting therefrom. In the event that, prior to the expiration or earlier termination of this Lease, Landlord enters into a third-party lease for all or any portion of the Premises following the expiration or earlier termination of this Lease, Landlord shall use commercially reasonable efforts to deliver to a courtesy notice of the same to Tenant; provided, however, in no event shall any failure by Landlord to provide such notice be deemed a waiver of any of tenant’s obligations or liabilities under this Section 21. In addition, in the event of any holding over, or potential holding over, of the Premises by Tenant, Tenant may elect to send a written notice to Landlord (specifically referencing this Section 21) requesting whether Landlord has entered into a third-party lease for the Premises following the expiration or earlier termination of this Lease, and Landlord shall, within ten (10) business days of its receipt of such notice from Tenant, notify Tenant whether or not Landlord has entered into a third-party lease as of the date of such notice for the Premises following the expiration or earlier termination of this Lease; provided, however, in no event shall any such notice by Tenant to Landlord, or any subsequent notice from Landlord to Tenant (or any failure by Landlord to provide such notice) be deemed a waiver of any of tenant’s obligations or liabilities under this Section 21. Notwithstanding the foregoing, any holding over with the express written consent of Landlord granted to Tenant not less than six (6) months prior to the scheduled expiration of the Term shall constitute this Lease a lease from month to month (and shall not constitute a renewal of this Lease for any further term or an extension of this Leasethe Term), or give and Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over shall pay Rent at a monthly rate equal to (a) for any period after the expiration first thirty (or earlier termination30) days of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsover, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the sum of the Basic Rent for plus the month immediately preceding Additional Rent payable during the date of termination, monthly Basic Rent for the second (2nd) last calendar month of holdover shall be the Term, calculated and prorated on a daily basis; and (b) thereafter, one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) sum of the Basic Rent for plus the Additional Rent payable during the last calendar month immediately preceding of the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or ProjectTerm, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordcalculated and pro-rated on a daily basis, and Tenant shall indemnify otherwise be subject to all of the terms and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal conditions of this Lease. The foregoing provisions of this Section are in addition 21 shall not be deemed to and do not affect Landlord's right limit or constitute a waiver of re-entry or any other rights or remedies of Landlord under this Lease provided herein or at law. The provisions of this Section 21 shall survive the expiration or earlier termination of the Term.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Holding Over. This Lease shall terminate without further notice upon If Xxxxxx fails to surrender the Premises at the expiration or earlier termination of this Lease, occupancy of the Term, Premises after the termination or expiration shall be that of a tenancy at sufferance. Tenant’s occupancy of the Premises during the holdover shall be subject to all the terms and any holding over provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the sum of the Base Rent and Additional Rent due for the period immediately preceding the holdover. No holdover by Tenant or payment by Tenant after the expiration shall not constitute a renewal or extension early termination of this LeaseLease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or give to perform improvements for a new tenant, as a result of Tenant’s holdover and Tenant any rights under this Leasefails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, except when in writing signed by both partiesor perform improvements, Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. If Tenant holds over for any period Notwithstanding anything herein to the contrary, pursuant to Section 91.001(e) of the Texas Property Code, Landlord and Xxxxxx specifically agree that no notice to terminate Xxxxxx’s tenancy hereunder will be required from and after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify under Section 91.001 or Section 24.005 of the Texas Property Code before Landlord files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period (if any) hereof; and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination sublease hereunder shall not constitute be approved unless it also contains a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawspecific comparable waiver by the subtenant thereunder.
Appears in 1 contract
Samples: Hospital Facility Lease Agreement
Holding Over. This Lease Tenant shall terminate without further notice upon indemnify, defend and hold harmless Landlord from and against all claims, liabilities and expenses, including attorneys’ fees, resulting from delay by Tenant in surrendering the Premises in accordance with the provisions of this Lease. If Tenant remains in possession of the Premises after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Term or extension sooner termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without Lease with the prior written consent of Landlord, such possession occupancy, shall constitute be a tenancy from month to month at sufferance a rental (and not as a penalty) in the amount of86 82 ; provided, however, that notwithstanding the foregoing to the contrary, Tenant shall have no obligation to remove the improvements made by Landlord pursuant to the attached Exhibit C, and except as otherwise expressly required by this Lease (for example purposes only; such holding over , in Paragraph 19.2 regarding signage), Tenant shall have no obligation to remove any other improvements made by Tenant with the Landlord’s prior written consent of Landlord shall constitute a month-to-month tenancy commencing unless Landlord’s consent to make such alterations was expressly conditioned on Tenant’s removing such alterations at the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all expiration of the terms Term or sooner termination of this Lease, except that, in all events, unless Landlord otherwise consents in writing, Tenant must remove all computer lines, wiring and cabling associated with Tenant’s personal property that are located above the ceiling tile in the Premises. If Landlord determines that such computer lines, wiring and cabling can be reused by the next subsequent tenant of the Premises, Landlord shall notify Tenant of such determination within fifteen (15) business days following receipt of written request from Tenant, which request may be made by Tenant at any time during the final ninety (90) days of the Term, and Tenant shall not be required to remove such computer lines, wiring and cabling. If Landlord fails to respond to Tenant within such fifteen (15) day period, Landlord shall be deemed to have withheld its consent to such computer lines, wiring and cabling remaining in the Premises, and Tenant shall remove such computer lines, wiring and cabling at the expiration of the Term or sooner termination of this Lease 83 (as such abandonment is described in Paragraph 16.1) 84 at the expiration of the Term or sooner termination of this Lease 85 ; provided, that the monthly failure of Landlord to object to such surrender or to deliver a written release within ninety (90) days after the expiration of the Term or sooner termination of this Lease shall be deemed a release and acceptance by Landlord, provided that Tenant is not in default under this Lease
(a) one hundred ten percent (110%) of the Basic Monthly Rent payable by Tenant under this Lease for the initial final calendar month of the initial period constituting the Term under this Lease for the first three (3) months of such holdover shall be term, (b) one hundred twenty-five percent (125%) of the Basic Monthly Rent for the month immediately preceding the date of terminationplus all other charges payable under this Lease, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) and on all of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration terms of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent applicable to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of remonth-entry or any other rights of Landlord under this Lease or at lawto-month tenancy.
Appears in 1 contract
Holding Over. This Lease In the event that Tenant shall terminate without further notice upon the expiration not immediately surrender possession of the Term, and any holding over by Tenant after leased premises at the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when shall become a tenant from month to month only if rent is paid to and accepted by Landlord in writing signed by both parties. If Tenant holds over for any period after advance at the expiration (or earlier termination) rate of 110% of the Term without the rental payable hereunder just prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following to the termination of this Lease. In either of Unless and until Landlord accepts such eventsrental from Tenant, possession Landlord shall be subject entitled to all retake or recover possession of the terms leased premises as provided in case of default on the part of Tenant and Tenant shall be liable to Landlord for any loss or damage it may sustain by reason of Tenant's failure to surrender possession of the leased premises immediately upon expiration of the term of this Lease, except that or, if applicable, the monthly Basic Rent for last properly exercised extended term hereof as provided in Paragraph 29. No holding over by Tenant shall operate to renew or extend this Lease, other than as provided in Paragraph 29, without the initial month written consent of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; Landlord to such renewal or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beextension having been first obtained. If Tenant fails shall fail to surrender possession of the Premises leased premises immediately upon such term expiration, Tenant hereby agrees that all obligations, including those for rent, of Tenant and all rights of Landlord applicable during the expiration term of this Lease despite demand shall be equally applicable during such period of subsequent occupancy whether or not the month to do so by Landlordmonth tenancy shall have been created as aforesaid. For purposes of this Lease, Tenant shall indemnify be deemed to have not surrendered possession of the leased premises if Tenant has failed to cancel, terminate, assign, or transfer any of the utility services as provided in Paragraph 4 hereof, and hold if any utility service company fails or refuses to accept the power of attorney of Landlord harmless from all loss set forth in Paragraph 4, or liabilityif Tenant exercises or refuses to release any other control or authority over, including without limitationor with regard to, any claims made by any succeeding tenant relating to such the leased premises regardless of whether or not Tenant is in physical possession of the leased premises including, but not limited to, failure to surrender. Acceptance by Landlord of rent after return keys, failure to remove personal property from the termination shall not constitute a consent leased premises, or failure to a holdover cancel telephone service to the leased premises or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe improvements on the leased premises.
Appears in 1 contract
Samples: Lease Agreement (SMTC Corp)
Holding Over. This Lease shall terminate without further 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon of the date on which Tenant will vacate the Premises, both because Landlord will require an extensive period to locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on the expiration dates of this Lease and other leases. Tenant also acknowledges that if Tenant fails to surrender the premises at the expiration or earlier termination of the Lease Term, it will be conclusively presumed that the value to Tenant of remaining in possession of the Premises, and any holding over the loss that will be suffered by Landlord as a result thereof, far exceed the amount of the Annual Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after immediately surrender the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing Premises on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationthe expiration or earlier termination of the Lease Term, monthly Basic Rent the rent payable by Tenant hereunder shall be increased to equal the greater of (a) fair market rent for the second Premises, or (2ndb) month of holdover shall be one hundred and fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationAnnual Base Rent, additional rent, and other sums that would have been payable pursuant to the monthly Basic Rent for terms of this Lease if the third (3rd) and each successive month of Lease Term had continued during such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable by Tenant on the greater of: first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated by Tenant. Landlord's acceptance of such rent from Tenant shall not in any manner impair or adversely affect Landlord's other rights and remedies hereunder, including, but not limited to, (Ii) one hundred fifty percent (150%) of Landlord's right to evict Tenant from the Basic Rent for the month immediately preceding the date of termination; or Premises, and (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under to recover damages pursuant to this Lease and such other damages as are available to Landlord at law or at lawin equity.
Appears in 1 contract
Samples: Lease Agreement (Careerbuilder Inc)
Holding Over. This Lease shall terminate without further notice upon If Tenant should remain in possession of the Premises after the expiration of the TermTerm of this Lease, without the execution by Landlord and any Tenant of a new lease or an extension of this Lease, then Tenant shall be deemed to be occupying the Premises on a month to month lease, subject to all the covenants and obligations of this Lease and at a daily rental of 150% of the per day rental provided for the last month of the Term of this Lease, computed on the basis of a thirty (30) day month. The inclusion of the preceding sentence shall not be construed as Landlord’s consent for Tenant to hold over. No holding over by Tenant after the expiration of the Lease Term shall be construed to extend the Lease term; and in the event of any unauthorized holding over, Tenant shall indemnify, defendant and hold harmless Landlord from and against all claims for damages (and reimburse Landlord upon demand for any sums paid in settlement of any such claims) by any other Tenant or prospective Tenant to whom Landlord may have leased all or part of the Premises effective before or after the expiration of the Lease Term and by any broker claiming any commission or fee in respect of any such lease or offer to lease. Tenant shall also pay Landlord all of Landlord’s direct and consequential damages relating to Tenant’s holdover. If any property not constitute a renewal or extension belonging to Landlord remains at the Premises -after the expiration of the Term of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, hereby authorizes Landlord to make such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either disposition of such events, possession shall be subject property as Landlord may desire without liability for compensation or damages to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space Tenant in the Building or Project, as event that such property is the case may be. If Tenant fails to surrender property of Tenant; and in the Premises upon event that such property is the expiration property of this Lease despite demand to do so by Landlordsomeone other than Tenant, Tenant shall agrees to indemnify and hold Landlord harmless from all loss or suits, actions, liability, including without limitationloss, damages and expenses in connection with or incident to any claims made removal, exercise or dominion over and/or disposition of such property by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term with or without the prior express written consent of Landlord, such possession then, in addition to all other remedies available to Landlord, Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with , upon the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first terms and conditions set forth in this Lease so far as applicable (1st) day following the termination of including Tenant’s obligation to pay all Additional Rent under this Lease. In either of such events), possession shall be subject but at a Monthly Base Rent equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Monthly Base Rent for applicable to the month Premises immediately preceding prior to the date of such expiration or earlier termination, monthly Basic . Any such holdover Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) paid on a per month basis without reduction for partial months during the holdover. Acceptance by Landlord of the Basic Rent for the month immediately preceding the date after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of termination, and the monthly Basic Rent for the third (3rd) and each successive month of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon beyond the expiration of this Lease despite demand to do so by Landlord, the Term or any extension thereof. Tenant shall indemnify be liable, and shall pay to Landlord within ten (10) days after demand, for all losses incurred by Landlord as a result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all loss liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or liabilityrelating to any such holdover tenancy, including without limitation, any claims claim for damages made by any a succeeding tenant relating to such failure to surrendertenant. Acceptance by Landlord of rent after Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 21.2 are in addition to to, and do not affect affect, Landlord's ’s right of re-entry or any other rights of Landlord under this Lease hereunder or otherwise at lawlaw or in equity.
Appears in 1 contract
Samples: Commercial Lease (Orchard Supply Hardware Stores Corp)
Holding Over. This Lease shall terminate without further notice upon Should Tenant or any of its successors in interest continue to hold the expiration of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension termination of this Lease, whether such termination occurs by lapse of time or give Tenant otherwise, with Landlord's acquiescence, and without any rights under this Lease, except when in writing signed by both distinct agreement between the parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession holding over shall constitute and be construed as a tenancy at sufferance onlyat a monthly rental equal to one and one-half (1 1/2) times the monthly rental (including Base Monthly Rental and any adjusted and Additional Rent) provided herein at the time of such termination, if Landlord elects to accept such rent. During such time as Tenant shall continue to hold the Premises after the termination hereof, Tenant shall be regarded as a tenant at sufferance and not a tenant at will; such holding over with subject, however, to all the prior written consent of Landlord shall constitute a month-to-month tenancy commencing terms, provisions, covenants and agreements on the first (1st) day following part of Tenant hereunder. No payments of money by Tenant to Landlord after the termination of this Lease. In either of such eventsLease shall reinstate, possession shall be subject to all of continue, renew or extend the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, Tern and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration no extension of this Lease despite demand after the termination hereof shall be valid unless and until the same shall be reduced to do so writing and signed by Landlord, both Landlord and Tenant. Tenant shall indemnify be liable to Landlord for all damage which Landlord shall suffer by reason of Tenant's holding over and Tenant shall indemnify, defend and hold Landlord harmless from against all loss or liability, including without limitation, any claims made by any succeeding other tenant relating or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such failure other tenant or prospective tenant. If Landlord accepts rent pursuant to surrender. Acceptance by this paragraph, Landlord of rent after shall always have the termination shall not constitute a consent right to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlordterminate Tenant's right of re-entry or any other rights of Landlord possession under this Lease or at lawparagraph upon thirty (30) days prior written notice to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Headhunter Net Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term shall, without the prior written consent of Landlord, such hold over and not yield up immediate possession shall constitute a tenancy of the Premises after the expiration or sooner termination of the Lease Term, then Landlord may, at sufferance only; its option, serve written notice upon Tenant that such holding over with constitutes any one of the prior written consent following: (i) creation of Landlord shall constitute a month-to-month tenancy, or (ii) creation of a tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsat sufferance: in any case, possession shall be subject to all of upon the terms of and conditions set forth in this Lease, Lease except that the monthly Basic Rent for the initial month of holdover shall (or daily Rent under (ii) above) shall, in addition to all other sums which are to be paid by Tenant hereunder, whether or not as Additional Rent, be equal to one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) sum of the Basic Rent for plus Additional Rent owed monthly to Landlord under this Lease immediately prior to such expiration or termination (pro rated in the month immediately preceding the date case of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) above on the then current Basic Rent basis of a three hundred sixty (360) day year for comparable space each day Tenant remains in possession in the Building or Projectsame manner as provided in the Lease for the payment of Rent and Additional Rent if no such notice is served, as then a tenancy at sufferance be deemed created. In the case may be. If Tenant fails of a holdover which has been consented to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, unless otherwise agreed to in writing by Landlord and Tenant, Tenant shall indemnify give to Landlord thirty (30) days prior written notice of any intention to quit the Premises, and Tenant shall be entitled to thirty (30) days prior written notice to quit the Premises, except in the event of non-payment of Rent or Additional Rent when due or the breach of any other covenant or the existence of a default. Tenant shall be liable to Landlord for all damages which Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify, defend and hold Landlord harmless from all loss or liabilityand against claims (including actual and opportunity costs and attorney fees and costs) resulting from Tenant’s retention of possession, including without limitation, any claims made by claim from any succeeding tenant relating to such failure to surrenderor prospective tenant against Landlord. Acceptance by Landlord The provisions of rent after the termination this section shall not constitute a consent to a holdover or result in a renewal waiver by Landlord of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's any right of re-entry as provided in this Lease nor shall receipt of any Rent or Additional Rent or any other rights apparent affirmance of Landlord under the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any terms, covenants, or at lawobligations contained in this Lease on Tenant’s part to be performed.
Appears in 1 contract
Holding Over. This Lease shall terminate without further Tenant acknowledges that it is extremely important that landlord have substantial advance notice of the date which tenant will vacate the premises, because landlord will (a) require an extended period to locate a replacement tenant, and (b) plan its leasing and renovation program for the premises in reliance on its lease expiration dates. Therefore, if tenant (or anyone claiming through tenant) does not immediately surrender the premises or any portion thereof upon the expiration or earlier termination of the Termlease term, then the rent shall be increased to equal to One Hundred Fifty (150%) per cent of the rent, additional rent and other sums that would have been payable pursuant to the provisions of this lease if the lease term had continued for such holdover period. Such rent shall be computed by landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the premises have been vacated. Notwithstanding any holding over by Tenant after the expiration other provision of this lease, landlord's acceptance of such rent shall not constitute in any manner adversely affect landlord's other rights and remedies, including landlord's right to evict tenant and to recover all damages. Any holdover shall be deemed to be a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute tenancy-at-sufferance and not a tenancy at sufferance onlyfrom month-to-month; provided, however, that landlord may, in addition to its other remedies, elect, in its sole discretion, to treat such holding over with holdover as the prior written consent creation of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Leasewith tenant. In either no event shall any holdover be deemed a permitted extension or renewal of such eventsthe lease term, possession and nothing contained herein shall be subject construed to constitute landlord's consent to any holdover or to give tenant any right with respect thereto. Except as otherwise specifically provided in this article XXV, all of the terms of this Lease, except that lease shall remain in full force and effect during the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawperiod.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding If Subtenant holds over by Tenant after the expiration or earlier termination of this Sublease with the express or implied consent of Sublandlord, such tenancy shall be from month-to-month only and shall not constitute a renewal hereof or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a further term. Such month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms and provisions of this LeaseSublease, except that Subtenant shall pay Base Rent and Additional Rent in an amount (on a per month basis without reduction for partial months during the monthly Basic Rent for the initial month holdover) equal to 150% of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I1) one hundred fifty percent (150%) the sum of the Basic Base Rent and Additional Rent due for the month period immediately preceding the date of terminationholdover; or (ii2) the then current Basic Rent fair market gross rental for comparable space the Subleased Premises as reasonably determined by Sublandlord. Nothing contained in this Section 16 shall be construed as consent by Sublandlord to any holding over by Subtenant, and Sublandlord expressly reserves the Building right to recover immediate possession of the Subleased Premises by summary proceedings or Projectotherwise. In addition to the payment of the amounts provided above, if Sublandlord is unable to deliver possession of the Subleased Premises to a new subtenant or to Landlord, as the case may be. If Tenant fails , or to surrender the Premises upon the expiration perform improvements for a new subtenant, as a result of this Lease despite demand Subtenant’s holdover, Subtenant shall be liable to do so by LandlordSublandlord for all damages, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityincluding, including without limitation, any claims made by any succeeding tenant relating to consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such failure to surrender. Acceptance damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent after may apply to the termination shall not constitute a consent to a holdover entire Master Lease Premises. Notwithstanding any other term or result in a renewal provision of this Lease. The foregoing provisions Sublease, if the Term expires on the Expiration Date (as opposed to an early termination for any reason), Subtenant shall be entitled to hold over, without any payment of this Section are in addition to Base Rent and do not affect Landlord's right Additional Rent, solely for the purpose of re-entry or performing any other rights repair/restoration obligations of Landlord Subtenant under this Lease or at lawSublease, so long as (x) Subtenant’s work of repair/restoration does not interfere with Sublandlord’s restoration work, if any, which is concurrently being performed in the Building and (y) in no event will Subtenant have any right to remain in the Subleased Premises for any reason whatsoever following the date which precedes the date of expiration of the term of the Master Lease.
Appears in 1 contract
Samples: Sublease (Pain Therapeutics Inc)
Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration be unlawfully and illegally in possession of the TermPremises, and whether or not Landlord accepts any holding over by rent from Tenant after or any other person while Tenant remains in possession of the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesPremises without Landlord's written consent. If Tenant holds over for any period after the expiration (or earlier termination) tenant shall retain possession of the Term Premises or any portion thereof without the prior written Landlord's consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordor sooner termination for any reason, then Tenant shall indemnify pay to Landlord for each day of such retention double the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord following expiration or earlier termination of rent after this Lease, or following demand by Landlord for possession of the termination Premises, shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect Paragraph 25 shall waive Landlord's right of re-entry reentry or any other rights right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord under for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The provisions of this Paragraph 25 shall survive any expiration or at lawearlier termination of this Lease.
Appears in 1 contract
Samples: Sublease (Imanage Inc)
Holding Over. This Lease Unless Landlord expressly agrees otherwise in writing, Tenant shall terminate without further notice upon the expiration pay Landlord 150% of the Termamount of Base Rent then applicable (or the highest amount permitted by Law, whichever shall be less), plus Tenant's Prorata Share of Taxes and Operating Expenses prorated on per diem basis for each day Tenant shall retain possession of the Premises or any holding over by Tenant part thereof after the expiration shall not constitute a renewal or extension earlier termination of this Lease. If such holdover, without consent, continues for more than fifteen (15) days, then Tenant shall also be obligated for the payment of (a) amounts payable by Landlord to third parties on account of such holdover by Tenant, and (b) direct damages sustained by Landlord on account of such holdover by Tenant. The foregoing provisions shall not serve as permission for Tenant to holdover, 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 shall be subject to the provisions of Article 13). Notwithstanding the foregoing to the contrary, at any time before or give Tenant any rights under this after expiration or earlier termination of the Lease, except when in writing signed by both parties. If Landlord may serve notice advising Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent amount of LandlordRent and other terms required, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute should Tenant desire to enter a month-to-month tenancy commencing (and if Tenant shall hold over more than one full calendar month after such notice, Tenant shall thereafter be deemed a month-to-month tenant, on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration provisions of this Lease despite demand to do so then in effect, as modified by Landlord's notice, and except that Tenant shall indemnify and hold Landlord harmless from all loss not be entitled to any renewal or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result expansion rights contained in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawany amendments hereto).
Appears in 1 contract
Samples: Office Lease (Capella Education Co)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding If Subtenant holds over by Tenant after the expiration or earlier termination of this Sublease with the express or implied consent of Sublandlord, such tenancy shall be from month-to-month only and shall not constitute a renewal hereof or an extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a further term. Such month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms and provisions of this LeaseSublease, except that Subtenant shall pay Base Rent in an amount (on a per month basis without reduction for partial months during the monthly Basic holdover) equal to 150% of the sum of the Base Rent due for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month period immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover holdover. Nothing contained in this Section 16 shall be one hundred fifty percent (150%) construed as consent by Sublandlord to any holding over by Subtenant, and Sublandlord expressly reserves the right to recover immediate possession of the Basic Rent for Subleased Premises by summary proceedings or otherwise. In addition to the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) payment of the Basic Rent for amounts provided above, if Sublandlord is unable to deliver possession of the month immediately preceding the date of termination; Subleased Premises to a new subtenant or (ii) the then current Basic Rent for comparable space in the Building or Projectto Landlord, as the case may be. If Tenant fails , or to surrender the Premises upon the expiration perform improvements for a new subtenant, as a result of this Lease despite demand Subtenant’s holdover, Subtenant shall be liable to do so by LandlordSublandlord for all damages, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityincluding, including without limitation, any claims made by any succeeding tenant relating to consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such failure to surrender. Acceptance damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent after may apply to the termination shall not constitute a consent to a holdover entire Master Lease Premises. Notwithstanding any other term or result in a renewal provision of this Lease. The foregoing provisions Sublease, if the Term expires on the Expiration Date (as opposed to an early termination for any reason), Subtenant shall be entitled to hold over, without any payment of this Section are in addition to and do not affect Landlord's right Base Rent, solely for the purpose of re-entry or performing any other rights repair/restoration obligations of Landlord Subtenant under this Lease or at lawSublease, so long as (x) Subtenant’s work of repair/restoration does not interfere with Sublandlord’s restoration work, if any, which is concurrently being performed in the Building and (y) in no event will Subtenant have any right to remain in the Subleased Premises for any reason whatsoever following the date which precedes the date of expiration of the term of the Master Lease.
Appears in 1 contract
Samples: Sublease (Guidewire Software, Inc.)
Holding Over. This Lease shall terminate without further notice upon on the expiration of the Term, and any Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant after expiration of the expiration Lease Term shall not neither constitute a renewal or nor extension of this Lease, or Lease nor give Tenant any rights under in or to the Leased Premises except as expressly provided in this Lease, except when in writing signed by both partiesParagraph. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; Any such holding over with the prior written consent of to which Landlord has consented shall constitute be construed to be a tenancy from month to month-to-month tenancy commencing , on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the same terms of this Leaseand conditions herein specified insofar as applicable, except that the monthly Basic Base Monthly Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be increased to an amount equal to one hundred fifty percent (150%) of the Basic Base Monthly Rent for payable during the last full month immediately preceding such holding over. Without limiting the date of terminationforegoing, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building event of a holding over to which Landlord has consented, any rights of Landlord or Projectobligations of Tenant set forth in this Lease and purporting to apply during the term of this Lease, as shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the case may beLeased Premises. If Therefore, if Tenant fails to surrender the Leased Premises upon the expiration or termination of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss or liabilityclaims resulting 99090796v.12 from such failure, including including, without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance , and any losses suffered by Landlord of rent after the termination shall not constitute a consent Landlord, including lost profits, resulting from such failure to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsurrender.
Appears in 1 contract
Holding Over. This 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice in the event Tenant will not vacate the Premises upon expiration of the Lease shall terminate without further notice Term, and acknowledges that if Xxxxxx fails to surrender the Premises or any portion thereof at the expiration or earlier termination of the Lease Term, then it will be presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender full possession of the Premises or any portion thereof upon the expiration or earlier termination of the Term, and any holding over Lease Term in the condition required by Tenant after the expiration shall not constitute a renewal or extension of this Lease, then the holdover fee payable by Tenant hereunder for each month or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-partial month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession holdover shall be subject to all equal the greater of (i) the terms of this Lease, except that the monthly Basic Rent fair market rent for the initial month of holdover shall be one hundred twenty-five percent entire Premises, or (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (Iii) one hundred fifty percent (150%) of the Basic Rent for Base Rent, Tenant’s Proportionate Share of Operating Charges and Tenant’s Proportionate Share of Real Estate Taxes, other additional rent and other sums that would have been payable pursuant to the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration provisions of this Lease despite demand if the Lease Term had continued during such holdover period (collectively, “Holdover Rent”). Such Holdover Rent shall be computed by Landlord and paid by Xxxxxx on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises has been vacated and full possession thereof surrendered by Tenant to do so by Landlord in the condition required under this Lease. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such holdover fee shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages, provided that Xxxxxxxx’s sole and exclusive remedy on account of Xxxxxx’s holdover in the Premises for a period of not greater than sixty (60) days shall be Holdover Rent. Any such holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. For purposes hereof, Tenant shall indemnify be deemed to have surrendered the Premises notwithstanding Tenant’s failure to comply with Xxxxxx’s removal obligations set forth in this Lease, if and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating only to the extent that such failure is the result of Tenant’s failure to surrender. Acceptance remove one or more items of a non-material nature in the aggregate that do not adversely interfere in any material respect with the surrender of possession of the entire Premises to Landlord or the entry, work activities, or use of the Premises by Landlord of rent after or the termination next tenant thereof. Any such item(s) shall not constitute a consent be deemed abandoned and subject to a holdover or result removal by Landlord at Tenant’s expense in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawaccordance with the terms hereof.
Appears in 1 contract
Samples: Office Lease Agreement (PTC Inc.)
Holding Over. This Lease shall terminate without further notice upon Any holding over by Subtenant after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension term of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession Sublease shall constitute be treated as a daily tenancy at sufferance only; such holding over with at a rate equal to one and one-half (1 ½) times the prior written consent of Landlord rent plus additional rent and other charges herein provided (prorated on a daily basis) and shall constitute a month-to-month tenancy commencing otherwise be on the first terms and conditions set forth in this Sublease as far as applicable. In addition, Subtenant shall pay Sublandlord for all damages sustained by Sublandlord as a result of Subtenant's holding over. If Subtenant fails to remove any of its personal property from the Premises (1stif and as required by this Sublease) day following within 2 days after the termination of this LeaseSublease or Subtenant’s right to possession, Sublandlord, at Subtenant’s sole cost and expense, shall be entitled (but not obligated) to remove and store Subtenant’s property. Sublandlord shall not be responsible for the value, preservation or safekeeping of Subtenant’s property. Subtenant shall pay to Sublandlord, within thirty (30) days following Sublandlord’s written demand, the reasonable expenses and storage charges for Subtenant’s property. In either addition, if Subtenant fails to remove Subtenant’s property within 30 days after written notice, Sublandlord may deem all or any part of such eventsSubtenant’s property to be abandoned, possession and title to Subtenant’s property shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space deemed automatically vested in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawSublandlord.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current men currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.,
Appears in 1 contract
Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall terminate without further notice upon the expiration be unlawfully and illegally in possession of the TermPremises, and whether or not Landlord accepts any holding over by rent from Tenant after or any other person while Tenant remains in possession of the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesPremises without Landlord’s written consent. If Tenant holds over for any period after the expiration (or earlier termination) shall retain possession of the Term Premises or any portion thereof without the prior written Landlord’s consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordor sooner termination for any reason, then Tenant shall indemnify pay to Landlord for each day of such retention triple the amount of daily rental as of the last month prior to the date of expiration or earlier termination. Tenant shall also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including consequential and incidental damages and reasonable attorneys’ fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord following expiration or earlier termination of rent after this Lease, or following demand by Landlord for possession of the termination Premises, shall not constitute a consent to a holdover or result in a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord’s right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord's right Paragraph 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.
Appears in 1 contract
Samples: Landlord Consent to Sublease (Premier Commercial Bancorp)
Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Articles XXII and XXIII hereof, occupancy of the Premises subsequent to such termination or expiration shall not constitute a renewal or extension be that of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a and in no event for month-to-month tenancy commencing or year-to-year, but Tenant shall, throughout the entire holdover period, pay rent (on the first (1sta per month basis without reduction for any partial months during any such holdover) day following the termination of this Lease. In either of such events, possession shall be subject equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent sum of the Base Rental and Additional Base Rental due for the month period immediately preceding such holding over, provided if the date holding over continues for more than thirty (30) days, effective as of terminationthe thirty-first day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, and further provided that in no event shall Base Rental and Additional Base Rental during the monthly Basic Rent holdover period be less than the fair market rental for the third (3rd) and each successive month Premises. No holding over by Tenant or payments of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If money by Tenant fails to surrender the Premises upon Landlord after the expiration of the term of this Lease despite demand shall be construed to do so extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by Landlordsummary proceedings or otherwise. Tenant shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify Landlord against any and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding other tenant relating or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover other tenant or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawprospective tenant.
Appears in 1 contract
Samples: Office Lease (Tenera Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant (directly or through any Transferee or other successor-in-interest of Tenant) remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such Tenant’s continued possession shall constitute be on the basis of a tenancy at the sufferance only; such holding over with the prior of Landlord. No act or omission by Landlord, other than its specific written consent of Landlord consent, shall constitute permission for Tenant to continue in possession of the Premises, and if such consent is given or declared to have been given by a month-to-month court judgment, Landlord may terminate Tenant’s holdover tenancy commencing on the first at any time upon seven (1st7) day following the termination of this Leasedays written notice. In either of such eventsevent, possession Tenant shall be subject continue to comply with or perform all of the terms and obligations of Tenant under this Lease, except that the monthly Basic Base Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Base Rent payable in the last full month prior to the termination hereof on a per diem basis for each day Tenant remains in possession for the month immediately preceding first sixty (60) days of any such holdover period. Commencing on the date of terminationsixty-first (61st) day, and the monthly Basic Rent for the third (3rd) and each successive month of holdover such rate shall be the greater of: (I) one increased to two hundred fifty percent (150200%) of the Basic Base Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space payable in the Building or Project, as last full month prior to the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrendertermination hereof. Acceptance by Landlord of rent after the such termination shall not constitute a consent to a holdover renewal or result in a renewal extension of this Lease. The foregoing provisions of ; and nothing contained in this Section are in addition provision shall be deemed to and do not affect waive Landlord's ’s right of re-entry re‑entry or any other rights of Landlord under this Lease right hereunder or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that Landlord has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages (including a prospective tenant rescinding or refusing to enter into a prospective lease due to Landlord’s failure to timely deliver), that Landlord suffers from the holdover.
Appears in 1 contract
Samples: Lease Agreement (FireEye, Inc.)
Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant’s right of possession pursuant to Section 23.A(3) hereof, occupancy of the Premises subsequent to such termination or expiration shall not constitute a renewal or extension be that of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a and in no event for month-to-month tenancy commencing on or year-to-year. Tenant shall, throughout the first (1st) day following the termination of this Lease. In either of such eventsentire holdover period, possession shall be subject to all of the terms and provisions of this Lease, except that the monthly Basic Rent Lease and shall pay for the initial its use and occupancy an amount (on a per month of holdover shall be basis without reduction for any partial months during any such holdover) equal to one hundred hunched twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nda) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; then current market rate, or (iib) the then current Basic Base Rent for comparable space in and Additional Rent which would have been applicable had the Building Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant or Project, as the case may be. If payments of money by Tenant fails to surrender the Premises upon Landlord after the expiration of this the Lease despite demand Term shall be construed to do so extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by Landlordsummary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the Lease Term. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant shall indemnify and hold also be liable to Landlord harmless from for all loss or liabilitydamages, including including, without limitation, any consequential damages, which Landlord may suffer by reason of any holding over by Tenant and Tenant shall also indemnify Landlord against any and all claims made by any succeeding other tenant relating or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover other tenant or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawprospective tenant.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon In the expiration event Tenant continues to occupy the Original Premises for more than fourteen (14) days after the Original Premises Vacation Date, occupancy of the TermOriginal Premises subsequent to the Original Premises Vacation Date shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year, but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of the Lease and shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to twice the sum of the Base Rental and Additional Base Rental due for the period Immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Original Premises. No holding over by Tenant in the Original Premises or payments of money by Tenant to Landlord after the Original Premises Vacation Date shall be construed to prevent Landlord from recovery of immediate possession of the Original Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any' consequential damage, which Landlord may suffer by reason of any holding over by Tenant after in the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationOriginal Premises, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify Landlord against any and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating other Tenant or prospective Tenant against Landlord for delay by Landlord in delivering possession of the Original Premises to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover other Tenant or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawprospective Tenant.
Appears in 1 contract
Samples: Office Lease (Symbion Inc/Tn)
Holding Over. This Lease If Tenant shall terminate retain possession of the Premises or any portion thereof without further notice upon Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Lease or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over sooner termination for any period after the expiration (or earlier termination) reason, then Tenant shall pay to Landlord for each day of such retention 150% of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all amount of the terms of this Lease, except that the monthly Basic daily Base Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) as of the Basic Rent for the last month immediately preceding prior to the date of expiration or termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord of rent after the following expiration or termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect Paragraph 25 shall waive Landlord's right of re-entry reentry or any other rights right. Unless Landlord consents in writing to Tenant's holding over, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any Rent from Tenant while Tenant is holding over without Landlord's written consent. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord under shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Lease or at lawParagraph 25 shall apply.
Appears in 1 contract
Samples: Lease (Sport Supply Group Inc)
Holding Over. This Lease shall terminate without further notice upon If Subtenant holds over after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (Sublease Term or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Sublease, with or without the express or implied consent of Sublandlord, then Subtenant will become and be only a tenant at sufferance at a per diem Fixed Rent equal to (i) during such events, possession shall be subject to all period of the terms of this Lease, except time that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationMaster Lease remains in effect, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty One Hundred and Fifty percent (150%) of the Basic Fixed Rent payable by Subtenant to Sublandlord under this Sublease immediately prior to such expiration or termination of the Sublease; or (ii) during such period of time that the Master Lease has for the month immediately preceding the date of terminationany reason whatsoever been terminated, expired or otherwise cancelled, One Hundred and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty Fifty percent (150%) of the Basic Fixed Rent for payable by Sublandlord and allocable to the month Sublease Premises under the Master Lease immediately preceding prior to such expiration or termination, and otherwise upon the date of termination; or terms, covenants and conditions herein specified. Notwithstanding any provision to the contrary contained herein, (iia) Sublandlord expressly reserves the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails right to require Subtenant to surrender possession of the Sublease Premises upon the expiration of Sublease Term or upon the earlier termination of this Lease despite demand Sublease and the right to do so by Landlordassert any remedy at law or in equity to evict Subtenant and/or collect damages in connection with any holding over, Tenant shall indemnify and (b) Subtenant will indemnify, defend and hold Landlord Sublandlord harmless from and against any and all loss or liabilityliabilities, including claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, any claims made attorneys’ fees (including the allocated costs of Sublandlord’s in-house attorneys) incurred or suffered by any succeeding tenant relating to such Sublandlord by reason of Subtenant’s failure to surrender. Acceptance by Landlord surrender the Sublease Premises on the expiration of rent after the Sublease Term or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawSublease.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to surrender all or any part of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy Premises at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. In either of such events, possession Tenant’s occupancy shall be subject to all of the terms and provisions of this Lease, except that and Tenant shall pay an amount (on a per month basis without reduction for partial months during the monthly Basic Rent holdover) equal to (i) for the initial month first 2 months of holdover shall be one hundred twenty-five percent (125%) such holdover, 150% of the Basic greater of (v) the Base Rent due for the month period immediately preceding the date of terminationholdover (not taking into consideration any Rent abatement Tenant might have been entitled to during such period), monthly Basic Rent and (w) the then-current fair market net rent for the second Premises, as reasonably determined by Landlord, and (2ndii) for any holdover which extends beyond 2 months, commencing on the first day of the third month of such holdover shall be one hundred fifty percent (150%) and continuing thereafter, 200% of the Basic greater of (x) Base Rent due for the month period immediately preceding the date of terminationholdover (not taking into consideration any Rent abatement Tenant might have been entitled to during such period), and (y) the monthly Basic Rent then-current fair market net rent for the third (3rd) and each successive month Premises, as reasonably determined by Landlord. No holdover by Tenant or payment by Tenant after the termination of holdover this Lease shall be construed to extend the greater of: (I) one hundred fifty percent (150%) Term or prevent Landlord from immediate recovery of possession of the Basic Rent for the month immediately preceding the date of termination; Premises by summary proceedings or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beotherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover and Tenant fails to surrender vacate the Premises upon the expiration of this Lease despite demand to do so by within 15 days after written notice from Landlord, Tenant shall indemnify and hold be liable for (i) all direct damages only that Landlord harmless suffers from the holdover if such holdover ends during the first 2 months of such holdover, or (iv) all loss or liabilitydamages that Landlord suffers from the holdover (including, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent consequential damages) if the holdover ends after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawfirst 2 months thereof.
Appears in 1 contract
Samples: Office Lease Agreement (Baxalta Inc)
Holding Over. This Lease shall terminate without further notice upon ALTERATION- CHANGES AND ADDITIONS- RESPONSIBILITY- NO HOLES IN ROOF- NO NEW EQUIPMENT ON ROOF. Subject to Landlord's consent that any alterations requested by Tenant do not negatively affect the expiration integrity of the Premises, in Landlord's sole discretion, Tenant may, during the Term, at Tenant's expense, erect inside partitions, add to existing electric power service, add telephone outlets or other communication services, add light fixtures, install additional heating and/or air conditioning or make such other changes or alterations as Tenant may desire, provided that prior to commencement of any such work, Tenant shall submit to Landlord a set of fully detailed working drawings and any holding over specifications for the proposed alteration, prepared by Tenant after the expiration shall not constitute a renewal licensed architect or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partiesengineer. If Tenant holds over so requests, Landlord will have the drawings and specifications prepared for any period Tenant, at Tenant's expense. Tenant will pay for such services, as additional Rent, within 10 days after delivery of invoice. In particular, but not as a limitation, the expiration (or earlier termination) working drawings must fully detail changes to mechanical, wiring and electrical, lighting, plumbing and HV AC systems to Landlord's satisfaction. Landlord may refuse to consent to the alterations because of the Term without inadequacy of the drawings and specifications. All alterations, repair and maintenance work performed by Tenant shall be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent and subject to any conditions imposed by Landlord, by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall pay Landlord a supervisory fee within 10 days of receipt of an invoice from Landlord. Tenant may not commence the alterations until Landlord's written consent has been given. Any additions or alterations requested by Tenant of the telecommunication or data transmission equipment, facilities, lines or outlets on the Premises shall be performed only with Landlord's consent, and only by Landlord's approved contractor. If the drawings and specifications are adequate, to Landlord's sole satisfaction, then Landlord will not unreasonably withhold its consent to the alterations, except that Landlord may withhold its consent to new or altered openings (holes) in the roof, or placement of additional equipment on the roof, as follows. Landlord may withhold its consent to new openings in the roof or placement of additional equipment on the roof unless Landlord, in its sole discretion, is satisfied that the risk of increased leakage or risk of more frequent repairs or maintenance of the roof is acceptable to Landlord. Any new or altered opening in the roof, or placement of additional equipment thereon, shall be considered an alteration which requires the prior written consent of Landlord. If within 30 days after such plans and specifications are submitted by Tenant to Landlord for such approval, Landlord shall have not given Tenant notice of disapproval, stating the reason for such disapproval, such possession plans and specifications shall constitute be considered denied by Landlord. As a tenancy at sufferance only; condition of approval for such holding over with the prior written consent of alternations, Landlord shall constitute a month-to-month tenancy commencing on have the first (1st) day following right to require Tenant to furnish adequate bond or other security acceptable to Landlord for performance of and payment for the termination of this Leasework to be performed. In either of such events, possession shall be subject to all of At the terms end of this Lease, all such fixtures, equipment, additions and/or alterations (except that the monthly Basic Rent for the initial month of holdover trade fixtures installed by Tenant) shall be one hundred twenty-five percent (125%) and remain the property of Landlord, provided, however, Landlord shall have the Basic Rent for the month immediately preceding the date of terminationoption to require Tenant to remove any or all such fixtures, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationequipment, additions, and/or alterations and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender restore the Premises upon to the expiration of this Lease despite demand condition existing immediately prior to do so by Landlordsuch change and/or installation, Tenant shall indemnify normal wear and hold Landlord harmless from tear excepted, all loss or liabilityat Tenant's cost and expense, including specifically including, without limitation, the restoration of any claims made roof penetrations, along with the removal of Tenant's cabling and power distribution specific to Tenant's business and its use of the Premises. All work done by Tenant shall conform to appropriate city, county and state building codes and health standards and OSHA standards and Tenant shall be responsible for obtaining and paying for building permits. If any succeeding tenant relating such work done by Tenant causes damage to the structural portion, exterior finish or roof of the Premises, then the costs of repair of such damage, and of all further maintenance and repairs to such failure to surrenderstructural portion, exterior finish or roof during the Term shall thereafter be the responsibility of Tenant. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Neither Landlord's right of re-entry entry, nor any actual inspection by Landlord, nor Landlord's actual knowledge of any alteration accomplished or any other in progress shall constitute a waiver of Landlord's rights of Landlord under this Lease or at lawconcerning alterations by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Nlight, Inc.)
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant or any of its successors in interest continues to hold any part of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period occupancy of the Premises after the termination or expiration (or earlier termination) shall be that of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on tenancy. Tenant’s occupancy of the first (1st) day following Premises during the termination of this Lease. In either of such events, possession holdover shall be subject to all of the terms and conditions of this Lease, except that provided all expansion rights, rights of first refusal, first notice, and first offer, and all extension rights shall automatically terminate, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) as monthly rental equal to 100% of the monthly Basic Base Rent payable at the time of termination for the initial first month of holdover and 150% of the monthly Base Rent payable at the time of termination thereafter, plus, in each case, the payment of all other Additional Rent payable under this Lease. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be one hundred twenty-five percent (125%) construed to extend the Term or prevent Landlord from immediate recovery of possession of the Basic Rent for Premises by summary proceedings or otherwise. In addition to the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) payment of the Basic Rent for the month immediately preceding the date of terminationamounts provided above, and the monthly Basic Rent for the third (3rd) and each successive month of if Landlord gave written notice to Tenant that its holdover shall will cause Landlord to be the greater of: (I) one hundred fifty percent (150%) unable to deliver possession of the Basic Rent Premises to a new tenant, or to perform improvements for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Projecta new tenant, as the case may be. If a result of Tenant’s holdover and Tenant fails to surrender vacate the Premises upon the expiration within 10 days after Landlord notifies Tenant of this Lease despite demand Landlord’s inability to do so by Landlorddeliver possession, or perform improvements, Tenant shall indemnify and hold be liable to Landlord harmless from for all loss or liabilitydamages, including including, without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by consequential damages, that Landlord of rent after suffers from the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawholdover.
Appears in 1 contract
Samples: Office Lease (JRjr33, Inc.)
Holding Over. This Lease shall terminate without further Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon the expiration of the Termdate on which Tenant will vacate the Premises, both because Landlord will require an extensive period to locate a replacement tenant and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of because Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent will plan its entire leasing and renovation program for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space Building in the Building or Project, as the case may bereliance on its lease expiration dates. If Tenant also acknowledges that if Tenant fails to surrender the Premises upon at the expiration or termination of the Lease Term, it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the amount of Annual rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, in the event that Tenant shall not immediately surrender the Premises on the date of the expiration or termination of the Lease Term, the rent payable by Tenant hereunder shall be increased to equal the greater of (i) fair market rent for the Premises or (ii) double the base rent, Additional Rent, and other sums that would have been payable pursuant to the terms of this Lease despite demand to do so if the Lease Term had continued during such holdover period. Such greater amount shall be computed by Landlord on a monthly basis in Landlord's discretion and shall be payable by Tenant on the first day of each month, from such expiration, or termination, until the Premises have been vacated by Tenant. Landlord's acceptance of such amounts from Tenant shall indemnify and hold Landlord harmless from all loss not in any manner impair or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not adversely affect Landlord's right of re-entry or any other rights of Landlord under and remedies hereunder, including, but not limited to, (i) its right to evict Tenant from the Premises, and (ii) Landlord's right to recover damages pursuant to this Lease and such other damages as are available to Landlord at law or at lawin equity.
Appears in 1 contract
Samples: Master Office Lease Agreement (Opinion Research Corp)
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant retains possession of the Term, and Premises or any holding over by Tenant ------------ part thereof after the expiration shall not constitute a renewal or extension termination of this Lease, whether by lapse of time or give Tenant otherwise, or after a termination of Tenant's right to possess the Premises, then Landlord may, at Landlord's sole election at any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period time after the expiration (termination of this Lease or earlier termination) Tenant's right of the Term without the prior possession, serve written consent of Landlord, such possession shall constitute a tenancy at sufferance only; notice on Tenant that such holding over with constitutes either: (a) the prior written consent creation of Landlord shall constitute a month-to-month tenancy commencing upon each of the terms herein provided as may be applicable to such month-to-month tenancy, except that Tenant shall pay to Landlord Base Rent for each month or portion thereof in the amount set forth below, plus all Additional Rent (including, without limitation, the Operating Expense Amount and Estimated Payments) coming due during such period, or (b) the creation of a tenancy at sufferance upon each of the terms herein provided as may be applicable to such tenancy at sufferance, except that Tenant shall pay to Landlord a per them rent equal to the per them Base Rent set forth below, plus the per them amount of all Additional Rent (including, without limitation, the Operating Expense Amount and Estimated Payments). If no written notice is served by Landlord, then a tenancy at sufferance with Rent as stated in (b) above shall have been created. The provisions of this Section shall not operate as a waiver by Landlord of any right of re-entry herein provided. In addition to and not in limitation of all other remedies set out in this Section, Tenant shall be liable for all damages (consequential as well as direct) sustained by Landlord on account of Tenant's holding over. Base Rent payable during any holding over shall be as follows:
(i) during the first sixty (1st60) day days following the termination of this Lease. In either Lease or the termination of such eventsTenant's right of possession, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Base Rent for the calendar month immediately preceding the termination date of terminationthis Lease or the termination of Tenant's right of possession; and
(ii) from and after the sixty-first (61st) day following the termination of this Lease or the termination of Tenant's right of possession, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Base Rent for the calendar month immediately preceding the termination date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect LandlordTenant's right of re-entry or any other rights of Landlord under this Lease or at lawpossession.
Appears in 1 contract
Samples: Lease (Omnicell Com /Ca/)
Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term hereof, with or without the consent of Landlord, such tenancy shall be from month-to-month only, and any holding over by Tenant after Base Rent shall be payable at a monthly rate equal to 150% of the expiration greater of: (A) the sum of the Base Rent and Tenant’s Share of Operating Expenses due for the period immediately preceding the holdover; or (B) the sum of the fair market rent for the Premises and Tenant’s Share of Operating Expenses due for the period immediately preceding the holdover. Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Such holdover shall not constitute a renewal or extension of the Lease Term and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after Lease upon the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In either of such events, possession shall be subject addition to all the payment of the terms of this Leaseamounts provided above, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) if Landlord is unable to deliver possession of the Basic Rent Premises to a new tenant, or to perform improvements for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Projecta new tenant, as the case may be. If a result of Tenant’s holdover and Tenant fails to surrender vacate the Premises upon the expiration within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, or perform improvements, such failure shall constitute a default hereunder; and notwithstanding any other provision of this Lease despite demand to do so by Landlordthe contrary, Tenant shall be liable to Landlord for, and shall protect Landlord from and indemnify and hold defend Landlord harmless from against, all loss or liabilitylosses and damages, including without limitation, any claims made by any succeeding tenant relating to resulting from such failure to surrendervacate, and any consequential damages that Landlord suffers from the holdover. Acceptance Notwithstanding the foregoing, Tenant shall have no obligation to compensate Landlord for any consequential damages or lost profits suffered by any party in connection with any such holdover, unless, and then only for periods after, Landlord shall have provided written notice to Tenant that a new tenant has entered into a lease for all or a portion of rent after the termination Premises, and at least thirty (30) days have elapsed since Landlord shall not constitute a consent have delivered such notice to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawTenant.
Appears in 1 contract
Samples: Office Lease (Planar Systems Inc)
Holding Over. This Lease If Tenant shall terminate retain possession of the Premises or any portion thereof without further notice upon Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Lease or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over sooner termination for any period after the expiration (or earlier termination) reason, then Tenant shall pay to Landlord for each day of such retention double he amount of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all daily rental as of the terms of this Lease, except that the monthly Basic Rent for the initial last month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding prior to the date of expiration or termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnity defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including without reasonable attorney's fees, resulting from delay by Tenant in surrendering xxx Xxemises, including, within limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord of rent after the following expiration or termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing container in this Section are in addition to and do not affect Paragraph 25 shall waive Landlord's right of re-entry or nay other right. Unless landlord consents in writing to Tenant's holding over. Xxxxxt shall be only a Tenant at sufferance, whether or not Landlord accepts any other rights Rent from Tenant is holding over without Landlord's written consent. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any of the Tenant obligations as set forth in this Lease, then Landlord under this Lease shall have the right to perform any such obligation as it deems necessary at Tenant's sole cost and expense, and Tenant shall be liable for all damages caused thereby, including without limitation, liability to any new Tenant or at lawoccupant of the Premises or any part thereof and lost rent which landlord will suffer due to delay in making the Premises available for alterations and/or occupancy by the next tenant or occupant.
Appears in 1 contract
Samples: Master Lessor's Consent to Sublease (Spectrian Corp /Ca/)
Holding Over. This Lease shall terminate without further notice upon Tenant will not hold over in the expiration Premises after the end of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term Lease term without the express prior written consent of Landlord. Tenant will indemnify Landlord for, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from from, any and all loss Liabilities arising out of or liabilityin connection with any holding over, including including, without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord and any loss of rent after suffered by Landlord. If, despite this express agreement, any tenancy is created by Tenant’s holding over, except as specifically set forth in the termination shall not constitute next sentence the tenancy will be a consent tenancy at sufferance terminable immediately at Landlord’s sole option on written notice to a holdover or result in a renewal Tenant, but otherwise subject to the terms of this Lease, except that the most recent annual base rent will be doubled, Tenant will have no rights to lease any additional space in the Project or extend the term, and notwithstanding anything to the contrary Landlord will incur no Liabilities of any type to Tenant or its Affiliates during any holdover period, all of such Liabilities hereby being waived by Tenant. The foregoing provisions Without limiting the generality of the foregoing, if Tenant holds over and if Landlord so elects by delivering specific written notice to Tenant during such holdover, Tenant automatically will be deemed to have leased the Premises for an additional term (not to exceed 6 months) beginning on the date that Landlord’s notice is delivered and otherwise subject to the terms of this Section are Lease, except that the most recent annual base rent will be doubled, Tenant will have no rights to lease any additional space in addition the Project or extend the term, and notwithstanding anything to and do not affect the contrary Landlord will incur no Liabilities of any type to Tenant or its Affiliates during any holdover period, all of such liabilities hereby being waived by Tenant. Nothing in this Article or elsewhere in this Lease permits Tenant to hold over or in any way limits Landlord's right of re-entry or any ’s other rights of Landlord under this Lease or at lawand remedies if Tenant holds over.
Appears in 1 contract
Samples: Lease (Synplicity Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for the initial month of any such holdover period shall be equal to the greater of (i) one hundred twenty-five percent (125%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of terminationprior to such holdover, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent currently scheduled rental rate for comparable space in the Building or ProjectBuilding, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrenderin either event prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this subparagraph 11(b) will survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon In the expiration event Tenant, or any party claiming under Tenant, retains possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Lease, such possession shall be an unlawful detainer, and no tenancy or give interest shall result from such possession; such parties shall be subject to immediate eviction and removal, and Landlord, in addition to all other remedies available to it hereunder, shall have the right to receive as liquidated damages for all the time Tenant shall so retain possession of the Premises or any rights under part thereof, an amount equal to twice the Base Rent specified in the Lease, as applied to such period together with all other payments required hereunder as Additional Rent, provided that Tenant shall nonetheless be a tenant at sufferance. Tenant shall also pay any and all actual damages sustained by Landlord as a result of such hold-over. In addition, Tenant shall indemnify, defend and hold harmless Landlord from and against all claims, lawsuits, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys fees, court costs and litigation expenses) arising from delays by Landlord in delivering possession of the Premises to any person or entity that are caused by Tenant’s failure to timely surrender possession of the Premises to Landlord at the expiration or termination of this Lease; provided Landlord shall provide Tenant with reasonable details regarding the plans for the Premises following the expiration or termination of this Lease (including, except when in writing signed by both parties. If Tenant holds over without limitation, information regarding the schedule for any improvements to the Premises and the requirements for delivery of any space in the Premises to any person or entity), from time to time, within five (5) days after Tenant’s request for the same. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant’s receipt of notice to do so from Landlord. The Rent during such hold-over period after the expiration (shall be payable to Landlord on demand. No holding over by Tenant, whether with or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of operate to extend this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant after expiration or other termination of the expiration Term of this Lease with the written consent of Landlord delivered to Tenant shall not constitute a renewal or extension of this Lease, the Lease or give Tenant any rights under in or to the Leased Premises except as expressly provided in this Lease. Any holding over after the expiration or other termination of the Term of this Lease, except when in writing signed by both parties. If Tenant holds over for any period after with the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute be construed to be a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a from month to month-to-month tenancy commencing , on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the same terms of this Lease, and conditions herein specified insofar as applicable except that the monthly Basic Rent for the initial month of holdover shall be one increased to an amount equal to two hundred twenty-five percent (125200%) percent of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent required during the last month of the Lease term; provided, however, that the monthly Rent shall be prorated based on the actual number of days in the month for any partial month of the third holding over. Holding over conduct within the meaning of the Lease and this Paragraph 30 shall also include: (3rdi) the failure by Tenant to surrender the Leased Premises on the Lease Termination Date in the physical condition described in Paragraphs 8 ("Acceptance and Surrender of Premises"), 10 ("Alterations and Additions") and each successive month of holdover 11 ("Tenant Maintenance") and/or any Consents to Modifications/Alterations (if any) for which conduct Tenant shall be subject to the greater of: (I) one hundred fifty percent (150%) of the Hold Over Basic Rent for under this Paragraph until the month immediately preceding Leased Premises is restored to the date of termination; condition required under this Lease or (ii) if Tenant is responsible for paying to Landlord the then current Basic Rent for comparable space cost of the restoration work in the Building or Project, as the case may be. If lieu of Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordcompleting said restoration, Tenant shall indemnify and hold be liable to Landlord, at the Basic Rent rate for the last month of the Lease Term, for the estimated time it would take to complete said restoration, regardless of whether or not Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating elects to make such failure restoration to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawLeased Premises.
Appears in 1 contract
Holding Over. This Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extensive period to locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of the Lease shall terminate without further notice Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent shall be increased to equal the greater of (1) the fair market rent for the Premises, or two hundred percent (200%) of the Base Rent, Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any holding over by Tenant after the expiration shall not constitute a renewal or extension other provision of this Lease, Landlord's acceptance of such rent shall not in any manner adversely affect Landlord's other rights and remedies, including Landlord's right to evict Tenant and to recover all damages. Any holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or give Tenant any rights under this Leasetenancy from month-to-month; provided, except when however, that Landlord may, in writing signed by both parties. If Tenant holds over for any period after addition to its other remedies, elect, in its sole discretion, to treat such holdover as the expiration (or earlier termination) creation of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Leasewith Tenant. In either no event shall any holdover be deemed a permitted extension or renewal of such eventsthe Lease Term, possession and nothing contained herein shall be subject construed to constitute Landlord's consent to any holdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, all of the terms of this Lease, except that Lease shall remain in full force and effect during the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawperiod.
Appears in 1 contract
Samples: Lease (Electronic Arts Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing Tenants remain on the first (1st) day premises following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationtheir termination of Possession – Owners shall endeavor to deliver possession to Tenants by the commencement date of this Agreement. Should Owners be unable to do so, monthly Basic Rent they shall not be held liable for any damages Tenants suffer as a consequence, not shall this Agreement be considered void unless Owners are unable to deliver possession within ten days following the second (2nd) month commencement date. Sale of holdover the Dwelling – If Owners sell this dwelling or otherwise transfer its Ownership to another party, they shall have the right to terminate this Agreement by giving Tenants written notice of at least sixty days, notwithstanding any conflicting occupancy rights Tenants might have under a fixed-term agreement. Should Tenants have conflicting occupancy rights guaranteed them by law, however, those legal rights shall prevail. Illegal Provisions Not Affection Legal Provisions – Whatever item in this Agreement is found to be contrary to any local, state, or federal law shall be one hundred fifty percent (150%) of considered null and void, just as if it had never appeared in the Basic Rent for the month immediately preceding the date of terminationAgreement, and it shall not affect the monthly Basic Rent for validity of any other item in the third (3rd) and each successive month Agreement. Non-Waiver – Should either Owners or Tenants waive their rights to enforce any breach of holdover this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although, Owners may know when accepting rent that Tenants are violating one or more of this Agreement’s conditions, Owners in accepting the greater of: (I) one hundred fifty percent (150%) of rent are in no way waiving their rights to enforce the Basic Rent for breach. Neither Owners nor Tenants shall have waived their rights to enforce any breach unless they agree to a waiver in writing. References in Wording – Plural references made to the month immediately preceding the date of termination; parties involved in this Agreement may also be singular, and singular references may be plural. These references also apply to Owners’ and Tenants’ heirs, executors, administrators, or (ii) the then current Basic Rent for comparable space in the Building or Projectsuccessors, as the case may be. If Tenant fails Application Part of Agreement – The rental application Tenants submitted to surrender the Premises upon the expiration rent this dwelling forms a part of this Lease despite demand to do so by Landlord, Tenant Agreement. Falsified information on the application shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute be considered a consent to a holdover or result in a renewal breach of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawAgreement.
Appears in 1 contract
Samples: Rental Agreement
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant retains possession of the Term, and any holding over by Tenant Premises after the expiration or termination of the Term or Tenant’s right to possession of the Premises, Tenant shall pay Base Rent during such holding over at double the rate in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Tenant remains in possession (the “Holdover Rent”) together with Adjustment Rent; provided that , Tenant shall be permitted access to the Premises for fifteen (15) days after an early termination of the Lease (“Property Removal Period) in order to remove its furniture, equipment, trade fixtures and other items of personal property from the Premises and such presence on the Premises shall not constitute a renewal or extension be deemed to be “holding over” as described in this Section so as to require the payment of this LeaseHoldover Rent. Notwithstanding the foregoing, or give Tenant any rights under this Leaseshall pay Base Rent for the Property Removal Period, except when which Base Rent shall be equal to the amount of Base Rent required to be paid by Tenant in writing signed by both partiesthe month in which the termination of the Lease occurred, together with Adjustment Rent. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written shall, with consent of Landlord, hold over after the expiration or termination of the Term or Tenant’s right to possession of the Premises then, in either such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of event, Landlord shall constitute be a month-to-month tenancy commencing tenant on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the same terms of this Leaseas herein provided, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold pay Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord the Holdover Rent in lieu of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this LeaseBase Rent together with Adjustment Rent. The foregoing provisions of this Section are in addition to and do not affect waive Landlord's ’s right of re-entry or right to regain possession by actions at law or in equity or any other rights hereunder, and any receipt of payment by Landlord under this Lease shall not be deemed a consent by Landlord to Tenant’s remaining in possession or at lawbe construed as creating or renewing any lease or right of tenancy between Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Telvent Git S A)
Holding Over. This Lease Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall terminate without further notice upon the expiration of the Termbe only a Tenant at sufferance, and whether or not Landlord accepts any Rent from Tenant or any other person while Tenant is holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both partieswithout Landlord's written consent. If Tenant holds over retains possession of the Premises or any portion thereof without Landlord's consent following the Lease expiration or sooner termination for any period after reason, then Tenant shall pay to Landlord for each day of such retention double the amount of daily rental as of the last month prior to the date of expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including reasonable attorney's fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any the succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord of rent after the following expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease, and nothing in this Section 25 shall waive Landlord's right of reentry or any other right. Additionally, in the event that upon expiration or earlier termination of this Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply. The foregoing provisions of this Section are in addition to and do not affect Landlord's right 25 shall survive any expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.
Appears in 1 contract
Samples: Lease Agreement (Integrated Packaging Assembly Corp)
Holding Over. This Lease shall terminate without further notice upon If Tenant holds over the Premises or any part thereof after expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall shall, at Landlord's option, constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventstenancy, possession shall be subject at a Net Rent equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Net Rent in effect immediately prior to such holding over for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be first two months and one hundred fifty percent (150%) thereafter, and shall otherwise be on all the other terms and conditions of this Lease. This paragraph shall not be construed as Landlord's permission for Tenant to hold over. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease or extension of the Basic Rent Term except as specifically set forth above. Landlord will not be entitled to consequential damages for any holding over unless Xxxxxxxx has first delivered written notice (a “Damages Notice”) to Tenant disclosing the month immediately preceding amount of consequential damages Landlord is likely to sustain if Tenant fails to vacate the Premises on the expiration date of termination, and or any later date specified in the monthly Basic Rent for notice (the third (3rd) and each successive month of holdover shall be “Mandatory Surrender Date”). Landlord may deliver a Damages Notice at any time during the greater of: (I) one hundred fifty percent (150%) last year of the Basic Rent for the month immediately preceding the date Term or during any subsequent period of termination; or (ii) the then current Basic Rent for comparable space in the Building or Projectholding over, so long as the case may beDamages Notice is delivered at least 30 days before the Mandatory Surrender Date. If Tenant Xxxxxx receives a Damages Notice and subsequently fails to surrender the Premises upon by the expiration of this Lease despite demand to do so by LandlordMandatory Surrender Date, then Tenant shall indemnify and hold Landlord harmless from all loss or liabilityand against consequential damages arising out of Tenant's failure to surrender the Premises by the Mandatory Surrender Date, including without limitationincluding, but not limited to, any claims made by amounts required to be paid to any succeeding tenant relating or prospective tenant who was to such failure to surrender. Acceptance by Landlord of rent have occupied the Premises after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to Mandatory Surrender Date and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawrelated attorneys' fees and brokerage commissions.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Standard Register Co)
Holding Over. This If Tenant shall, for any reason other than if required by this Lease shall terminate without further notice upon the expiration or by Landlord, remain in possession of the Term, and any holding over by Tenant Leased Property after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term without as to such Leased Property, such possession shall, at the prior written consent option of Landlord, in its sole discretion as to each such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute Leased Property, be as a month-to-month tenancy commencing tenant during which time Tenant shall pay as rental each month (which rental constitutes liquidated damages with respect to Fixed Rent, and not a penalty, for the period to which it relates), one and one-half (11/2) times the aggregate of the Fixed Rent payable by Tenant pursuant to the provisions of this Lease, in each case, with respect to the Leased Property(ies) in question (determined on the first basis of the aggregate Tenant’s Proportionate Share of each applicable Tenant for the affected Leased Properties without adjustment or removal of the Tenant’s Proportionate Share for such Leased Property pursuant to Section 17.9 hereof). During such period of month-tomonth tenancy, Tenant shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease with respect to the Leased Property(ies) in question (1stincluding, but not limited to, its obligation to pay Additional Rent), but shall have no rights hereunder other than the right, to the extent given by law to month-to-month tenancies, to continue its occupancy and use of the applicable Leased Property(ies). Landlord shall have the right to terminate Tenant’s month-to-month tenancy at any time after giving Tenant ten (10) day following days’ prior written notice, and at any time thereafter, Landlord may re-enter and take possession of the Premises. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Lease. In either of such events, possession shall be subject to all of the The terms of this Lease, except that the monthly Basic Rent for the initial month of holdover Section 19 shall be one hundred twenty-five percent (125%) without limitation upon any other right Landlord may have hereunder, at law or in equity, on account of any holdover with respect to the Basic Rent for the month immediately preceding the date applicable Leased Property(ies). The obligations of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, Tenant and the monthly Basic Rent for the third (3rd) and each successive month rights of holdover Landlord contained in this Section 19 shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon survive the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 1 contract
Holding Over. This 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will require an extensive period to locate a replacement tenant and because Landlord plans its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises or any portion thereof at the expiration or earlier termination of the Lease shall terminate without further notice Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then this Lease and any holding over the rent payable by Tenant after the expiration hereunder shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration be increased to equal (or earlier terminationi) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on during the first thirty (1st30) day following the termination of this Lease. In either days of such eventsholdover period, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for Base Rent, additional rent and other sums that would have been payable pursuant to the month immediately preceding provisions of this Lease if the date of terminationLease Term had continued during such holdover period and (ii) thereafter, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one two hundred fifty percent (150200%) of the Basic Rent for Base Rent, additional rent and other sums that would have been payable pursuant to the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration provisions of this Lease despite demand to do so by Landlord, Tenant if the Lease Term had continued during such holdover period. Such rent shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of rent after such holdover period and the termination shall not constitute a consent to a first day of each calendar month thereafter during such holdover or result in a renewal period until the Premises have been vacated. Notwithstanding any other provision of this Lease. The foregoing provisions , Landlord’s acceptance of this Section are such rent shall not in addition to and do not any manner adversely affect Landlord's right of re-entry or any ’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. Any such holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of Landlord under this the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or at lawto give Tenant any right with respect thereto.
Appears in 1 contract
Holding Over. This Tenant will, at the termination of this Lease shall terminate without further notice upon the expiration by lapse of the Termtime or otherwise, and any holding over by surrender immediate possession to Landlord. If Landlord agrees in writing that Tenant may holdover after the expiration or termination of this Lease and if the parties do not otherwise agree in writing, the hold over tenancy shall be subject to termination by Landlord at any time upon not constitute less than thirty (30) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice. Further, all of the terms and provision of this Lease shall be applicable during the holdover period, except that Tenant shall pay Landlord from time to time upon demand, as rent for the period of any holdover, an amount equal to one and one-half (1-1/2) times the sum of the Base Rent and any additional rent, as provided for herein, in effect on the Termination Date, computed on a renewal or extension daily basis for each day of the holdover period, plus all additional rental and other sums due hereunder. If Tenant shall fail immediately to surrender possession of the Leased Premises to Landlord upon termination of this Lease, by lapse of time or give otherwise, and Landlord has not agreed to such continued possession as above provided, then, until Landlord can dispossess Tenant under the terms hereof or otherwise, Tenant shall pay such Landlord from time to time upon demand, as rent for the period of any rights under this Leasesuch holdover, except when in writing signed by both parties. If Tenant holds over for any period after an amount equal to twice the expiration (or earlier termination) sum of the Term Base Rent and additional rent, as provided for herein, in effect on the Termination Date, computed on a daily basis for each day of the holdover period, plus all additional rental and other sums due hereunder. No holding over by Tenant, whether with or without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject operate to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of extend this Lease despite demand to do so except as otherwise expressly agreed by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseparties. The foregoing preceding provisions of this Section are in addition to and do Article shall not affect be construed as Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconsent for Tenant to holdover.
Appears in 1 contract
Holding Over. This Lease shall terminate without further Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon the expiration of the Termdate on which Tenant will vacate the Premises, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If if Tenant fails to surrender the Premises or any portion thereof at the expiration or earlier termination of the Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Term, then the rent payable by Tenant hereunder shall be increased to equal two hundred percent (200%) of the Base Rent, additional rent, and other sums which were payable under this Lease despite demand to do so by Landlord, Tenant during the last month of the Term. Such rent shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of rent after such holdover period and the termination shall not constitute a consent to a first day of each calendar month thereafter during such holdover or result in a renewal period until the Premises have been vacated. Notwithstanding any other provision of this Lease. The foregoing provisions , Landlord’s acceptance of this Section are such rent shall not in addition to and do not any manner adversely affect Landlord's right of re-entry or any ’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. Any such holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of Landlord under this Lease the Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or at lawto give Tenant any right with respect thereto.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for in possession of the Premises or any period portion thereof after the expiration (or earlier termination) sooner termination of the Term Lease, such holding over shall, at Landlord’s option and without the prior written consent limiting any of Landlord’s remedies, such possession shall constitute be construed as a tenancy at sufferance only; will, terminable on no less than thirty (30) days Notice, and Tenant acknowledges that such Notice may be given at any time within the last two (2) months of the Term. Landlord shall provide Tenant with Notice prior to the expiration or sooner termination of the Lease of Landlord’s election that such holding over with the prior written consent of be construed as a tenancy at sufferance; if Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of fails to provide such eventsNotice, possession such holding over shall be subject deemed to all be a tenancy at will. Tenant’s use of the terms of this Lease, except that the monthly Basic Rent for the initial month of Premises during any such holdover period shall be one hundred twenty-five percent (125%) of the Basic at a Base Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be equal to one hundred fifty percent (150%) of the Basic Base Rent in effect at the expiration of the Term of this Lease for the month immediately preceding the date first fifteen (15) days of terminationsaid holdover, and the monthly Basic Rent for the third thereafter at two hundred (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150200%) of the Basic Base Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon effect at the expiration of the Term of this Lease despite demand for any additional period of holdover (without considering any abatement of such amount to do so which Tenant may have been entitled in such month as a result of any event for which the terms of this Lease expressly provide abatement or otherwise), and otherwise be on the terms and conditions herein specified; provided, however, that all renewal, expansion or other optional rights of Tenant contained in this Lease, if any, shall be deemed void during any such holdover tenancy. No ongoing negotiation regarding the extension or renewal of this Lease (or any occupancy rights of Tenant in the Project) shall constitute a waiver by Landlord of Tenant’s holdover status or a consent by Landlord to any such holdover, or any waiver of Landlord, ’s right to receive or Tenant’s obligation to pay such increased Base Rent during any such holdover period. Tenant shall indemnify indemnify, protect, defend and hold Landlord harmless from and against any and all loss or liabilityClaims resulting from any holding over by Tenant, including without limitation, any claims made consequential damages arising out of any Claims against Landlord by any succeeding or prospective tenant relating to such failure to surrender. Acceptance and losses suffered by Landlord due to lost opportunities to lease any portion of rent after the termination shall not constitute a consent Premises to a holdover any succeeding or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawprospective tenant.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration of the TermTerm or the termination of this Lease. If, and any holding over without consent by Tenant Landlord, Xxxxxx holds possession of the Premises for more than ten (10) days after the expiration shall not constitute a renewal or extension earlier termination of this Lease, then such holding over shall be without Landlord’s consent and if Landlord accepts Base Rent after the expiration or give Tenant any rights under earlier termination of this Lease, except when in writing signed by both parties. If Tenant holds over for any period after shall be on the expiration (or earlier termination) basis of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms and conditions of this Lease, except that the monthly Basic Base Rent for the initial payable during such month-to-month of holdover tenancy shall be one equal to two hundred twenty-five percent (125200%) of the Basic Base Rent in effect at the expiration of the Term of this Lease, prorated for an partial calendar months. Landlord and Tenant each shall have the right to terminate such month immediately preceding to month tenancy by giving at least thirty (30) days’ written notice of termination to the other at any time, in which event such tenancy shall terminate on the termination date of termination, monthly Basic Rent for the second (2nd) month of holdover set forth in such termination notice. Nothing contained herein shall be one hundred fifty percent (150%) construed as consent by Landlord to any holding over by Xxxxxx. Tenant acknowledges that Landlord’s development plans require that Tenant and all subtenants vacate the Premises no later than the expiration of the Basic Rent for Term or earlier termination of this Lease and that Landlord will be significantly damaged if Tenant or any subtenant fails to timely vacate the month immediately preceding Premises. Therefore, if the date of termination, Term expires and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; Tenant or (ii) the then current Basic Rent for comparable space in the Building any subtenant holds over or Project, as the case may be. If Tenant otherwise fails to surrender possession of the Premises upon at the expiration end of the Term in the manner required under this Lease, in addition to all rights and remedies of Landlord provided for in this Lease despite demand to do so by Landlordor at law or equity, Tenant shall indemnify indemnify, protect, defend and hold Landlord entirely free and harmless from and against any and all loss or liabilitydamages, losses, claims, suits, actions, costs, expenses and liabilities (including without limitation, any claims made by any succeeding tenant relating attorneys’ fees and costs) arising from or attributable to such Tenant’s or subtenant’s failure to surrender. Acceptance by Landlord of rent after vacate the termination shall not constitute a consent Premises when due, including, without limitation, losses due to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to construction delays, carry costs and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawsimilar damages.
Appears in 1 contract
Holding Over. This A. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Leased Premises at any time after the Termination Date. If Tenant fails to vacate the Leased Premises and deliver Landlord possession of the Leased Premises in the Required Condition on the Termination Date, Landlord shall have the benefit of all provisions of law respecting the speedy recovery of possession of the Leased Premises (whether by summary proceedings or otherwise). In addition to and not in limitation of the foregoing, occupancy subsequent to the Termination Date (“Holdover Occupancy”) shall be a tenancy at sufferance. Holdover Occupancy shall be subject to all terms, covenants, and conditions of this Lease (including those requiring payment of Additional Rent), except that the Minimum Rent for each day that Tenant holds over (“Holdover Minimum Rent”) shall terminate be equal to one and one-half (1-1/2) times the per diem Minimum Rent payable in the last Lease Year for the first sixty (60) days and two (2) times the per diem Minimum Rent payable in the last Lease Year thereafter, and any right or option to extend or renew the Lease or to lease any other space or premises in the Building or Project shall be void and of no effect.
B. Subject to the terms hereof, Landlord shall also be entitled to recover all damages, including lost business opportunity regarding any prospective tenant(s) for the Leased Premises, suffered by Landlord as a result of Tenant’s Holdover Occupancy. Tenant acknowledges and agrees that Landlord may undertake a renovation or redevelopment of the Leased Premises or Building and/or lease the Leased Premises (in whole or in part) to another tenant immediately after the Termination Date and that any breach or other violation of the provisions of this Section 3.03 may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with renovation or redevelopment activities or its reletting of the Leased Premises or any part thereof). Further, Tenant agrees to indemnify, hold harmless and defend Landlord for, from and against any and all claims, causes of action, suits, proceedings, demands, damages, losses (including, without limitation, lost rentals and lost business opportunities), liabilities, expenses and costs (including, without limitation, reasonable experts’, consultants’, attorneys’ and court fees and costs) suffered or incurred by Landlord as a result of Tenant’s Holdover Occupancy. Notwithstanding the foregoing, Landlord’s right to recover any damages under this Subsection B and Tenant’s indemnification obligations hereunder shall not be effective unless Landlord delivers Notice (the “Damage Notice”) to Tenant that Landlord will incur damages if Tenant shall extend its occupancy beyond the Termination Date, which Damage Notice shall reasonably identify the damages that Landlord expects to incur (provided, however, such estimate shall not be binding on Landlord), and provided, further notice upon than any Damage Notice will be delivered at least sixty (60) days prior to the expiration of the Term, and any holding over by if it is not delivered prior to such sixty (60) day period, then Tenant will have sixty (60) days after the expiration shall not constitute a renewal or extension delivery of this Lease, or give any Damage Notice before Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over will be liable for any period after damages described in a Damage Notice. For the expiration (sake of clarity, nothing in this Subparagraph B shall limit Tenant’s obligation to pay any Holdover Minimum Rent during any Holdover Occupancy or earlier termination) of the Term without the prior written constitute Landlord’s consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Leaseto any Holdover Occupancy. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately The preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnification and hold Landlord harmless from all loss or liability, including without limitation, shall survive the Termination Date and any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawHoldover Occupancy.
Appears in 1 contract
Samples: Office Lease Agreement (Splunk Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of all or any portion of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term Lease without the prior written consent of Landlord, such Tenant’s continued possession shall constitute be on the basis of a tenancy at the sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this LeaseLandlord. In either of such eventsevent, possession Tenant shall be subject continue to comply with or perform all of the terms and obligations of Tenant under this Lease, except that the monthly Basic Base Rent (for the initial each month or any part thereof of holdover any such holding over) shall be (i) during the first thirty (30) days of such holding over, one hundred twenty-five percent (125%) of the Basic monthly Base Rent and estimated share of Additional Charges that Tenant was obligated to pay for the month immediately preceding the date Expiration Date or earlier termination of terminationthis Lease and (ii) thereafter, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic such monthly Base Rent for the month immediately preceding the date amount and estimated share of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beAdditional Charges. If Tenant fails In addition to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordRent, Tenant shall indemnify and hold pay Landlord harmless from for all loss or liability, including without limitation, any claims made damages proximately caused by any succeeding tenant relating to reason of Tenant’s retention of possession. Landlord’s acceptance of Rent after such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition provision shall be deemed to and do not affect waive Landlord's ’s right of re-entry or any other rights of Landlord under this Lease right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant vacating the Premises on the Expiration Date. Accordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by any prospective tenant of all or any part of the Premises, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of such failure of Tenant to timely surrender the Premises. Any holding over without Landlord’s consent shall constitute a Tenant Default.
Appears in 1 contract
Samples: Sublease Agreement (PubMatic, Inc.)
Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for the initial month of any such holdover period shall be equal to the greater of (i) one hundred twenty-five percent (125%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of terminationprior to such holdover, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent currently scheduled rental rate for comparable space in the Building Building, in either event prorated on a daily basis. Acceptance by Landlord of rent after such expiration or Project, earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless from all loss or liabilityclaims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys’ fees and costs), including, without limitation, any costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant relating to such founded on or resulting from Tenant’s failure to surrendersurrender the Premises. Acceptance by Landlord The provisions of rent after this Subparagraph 11(b) will survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 1 contract
Samples: Office Building Lease (Monolithic System Technology Inc)
Holding Over. This If Tenant fails to surrender the Premises in the condition required by this Lease shall terminate without further notice upon the expiration of the TermLease Term or earlier termination thereof, Tenant shall be deemed a tenant-at-sufferance, and any holding over by Tenant after the expiration such failure shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to the product of this Lease, or give Tenant any rights (i) the daily Rent applicable during the last rental period of the Lease Term under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration and (or earlier terminationii) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject percentage equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) with respect to the first fifteen (15) days of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of such holdover shall be and one hundred fifty percent (150%) thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Basic Rent for Premises to Landlord as provided in this Lease upon the month immediately preceding the date expiration or other termination of terminationthis Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; at law or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beequity. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand in the condition required by this Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all loss or liabilityClaims resulting from such failure, including without limitation, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and any lost profits to Landlord resulting therefrom; provided, however, Tenant shall not be liable for consequential damages arising from such failure unless (a) Landlord has notified Tenant in writing that Lxxxxxxx has entered into a bona fide occupancy or lease agreement relating to all or any portion of rent the Premises for a term commencing after the termination end of the Lease Term, (b) Landlord provides Tenant with reasonable evidence of such bona fide agreement, and (c) such failure by Txxxxx continues for thirty (30) days after the last day of the Term. Txxxxx agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.
Appears in 1 contract
Holding Over. This If Tenant shall, for any reason other than if required by this Lease shall terminate without further notice upon the expiration or by Landlord, remain in possession of the Term, and any holding over by Tenant Leased Property after the expiration or earlier termination of the Term (or, if applicable, a termination of Tenant’s right of possession) as to such Leased Property, such possession shall, at the option of Landlord, in its sole discretion as to each such Leased Property, be a tenancy at sufferance during which time Tenant shall pay as rental each month (which rental constitutes liquidated damages with respect to Fixed Rent, and not constitute a renewal or extension penalty, for the period to which it relates), two times the aggregate of the Fixed Rent payable by Tenant pursuant to the provisions of this Lease, or give Tenant any rights under this Leasein each case, except when with respect to the Leased Property(ies) in writing signed by both parties. If Tenant holds over for any period after question (determined on the expiration (or earlier termination) basis of the Term aggregate Tenant’s Proportionate Share of each applicable Tenant for the affected Leased Properties without adjustment or removal of the prior written consent Tenant’s Proportionate Share for such Leased Property pursuant to Section 17.9 hereof). During such period of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over sufferance, Tenant shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease with respect to the prior written consent of Landlord Leased Property(ies) in question (including, but not limited to, its obligation to pay Additional Rent), but shall constitute a have no rights hereunder other than the right, to the extent given by law to month-to-month tenancies, to continue its occupancy and use of the applicable Leased Property(ies). Landlord shall have the right to terminate Tenant’s tenancy commencing on at sufferance at any time after giving Tenant 10 days’ prior written notice, and at any time thereafter, Landlord may re-enter and take possession of the first (1st) day following Premises. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this LeaseLease (or, if applicable, termination of Tenant’s right of possession). In either of such events, possession shall be subject to all of the The terms of this Lease, except that the monthly Basic Rent for the initial month of holdover Section 19 shall be one hundred twenty-five percent (125%) without limitation upon any other right Landlord may have hereunder, at law or in equity, on account of any holdover with respect to the Basic Rent for the month immediately preceding the date applicable Leased Property(ies). The obligations of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, Tenant and the monthly Basic Rent for the third (3rd) and each successive month rights of holdover Landlord contained in this Section 19 shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon survive the expiration or earlier termination of this Lease despite demand to do so by Landlord(or, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityif applicable, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord termination of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's Tenant’s right of re-entry or any other rights of Landlord under this Lease or at lawpossession).
Appears in 1 contract
Samples: Master Lease Agreement (Assisted Living Concepts Inc)
Holding Over. This Lease If Tenant or anyone claiming under Tenant shall terminate without further notice upon the expiration remain in occupancy of all or any portion of the TermPremises, and any or shall fail to yield-up the Premises free of Hazardous Substances, in each case delaying rental or delivery of possession of the Premises to another tenant, Tenant or such other person shall be deemed to be holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after the expiration of the Term of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, prior to acceptance of rent by Landlord the person remaining in possession, Tenant (or such person claiming under Tenant) shall be deemed a tenant at sufferance, and after acceptance of rent by Landlord a tenant from month-to-month, in either case at a use and occupancy charge equal to 165% the rate of Annual Fixed Rent plus all other charges payable under this Lease, and subject to the provisions of this Lease (excluding all provisions for rent) insofar as the same may be applicable. Notwithstanding the foregoing, prior to acceptance of rent for any period after the Term, Landlord, at its option, may re-enter and take possession of the Premises or any part thereof forthwith without process or by any manner provided by law, in every case without prejudice to claim for the use and occupancy charge as stated above. If the Premises or areas adjacent thereto have been contaminated with Hazardous Substances by reason of Tenant's act or neglect (but without regard to fault), in any case delaying for any reason rental of the Premises to another tenant, Tenant shall be deemed to continue to be in possession of the affected Premises as a tenant at sufferance for the duration of such eventsdelay, possession shall be however caused, at the use and occupancy charge set forth above and subject to all the provisions of this Lease as aforesaid, and Tenant agrees that unless Tenant (and such person claiming under Tenant) is in bankruptcy or insolvency proceedings or similarly disabled from performing Tenant's obligations hereunder, Landlord has the terms right, at Landlord's election, but no duty or obligation, to restore the Premises to the condition required at the termination of this Lease hereunder, and Tenant is solely responsible to do so. Landlord's election to make the Premises conform with the requirements of this Lease, except that the monthly Basic Rent such as by removing any Hazardous Substances, shall not diminish in any way Landlord's claim for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent use and occupancy charge as aforesaid for the month immediately preceding the date duration of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space any delay in the Building or Project, as the case may be. If Tenant fails to surrender re-leasing the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawresulting therefrom.
Appears in 1 contract
Samples: Lease (Epix Medical Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant fails to deliver possession of the TermPremises on the Termination Date, and any holding but holds over by Tenant after the expiration shall not constitute a renewal or extension earlier termination of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term Lease without the express prior written consent of Landlord, such possession tenancy shall constitute be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a from month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the same terms of this Leaseand conditions as are contained herein, except that the monthly Basic Fixed Monthly Rent for the initial month payable by Tenant during such period of holdover holding over shall be one hundred twenty-five percent (125%) automatically increase as of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be Termination Date to an amount equal to one hundred fifty percent (150%) for the initial sixty (60) days and two hundred percent (200%) thereafter of the Basic Fixed Monthly Rent for payable by Tenant the calendar month immediately preceding prior to the date when Tenant commences such holding over (the "Holdover Rent"). Such Holdover Rent shall be paid during such period as Tenant retains possession of terminationthe Premises. However, Tenant's payment of such Holdover Rent, and the monthly Basic Rent for the third (3rd) and each successive month Landlord's acceptance thereof, shall not constitute a waiver by Landlord of holdover any of Landlord's rights or remedies with respect to such holding over, nor shall it be the greater of: (I) one hundred fifty percent (150%) deemed to be a consent by Landlord to Tenant's continued occupancy or possession of the Basic Rent for Premises past the month immediately preceding time period covered Tenant's payment of the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or ProjectHoldover Rent. Furthermore, as the case may be. If if Tenant fails to surrender deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys' fees and expenses) and liability resulting from such failure, including without limitationlimiting the foregoing, any claims made by any succeeding tenant relating to such arising out of Tenant's failure to so surrender, and any lost profits to Landlord resulting therefrom. Acceptance by Notwithstanding the provisions contained hereinabove regarding Tenant's liability for a continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of rent after another tenant proposing to occupy the termination shall not constitute a consent Premises provisions similar to a holdover or result those contained in a renewal Section 2.1 , permitting mitigation of this Lease. The foregoing provisions Tenant's damages arising out of this Section are in addition to and do not affect LandlordTenant's right of re-entry or any other rights of Landlord under this Lease or at lawtemporary holdover.
Appears in 1 contract
Samples: Office Lease (Cytrx Corp)
Holding Over. This If Tenant fails to vacate the Premises after the Expiration Date or earlier termination of this Lease, then (1) Tenant’s possession of the Premises shall constitute and be construed as a tenancy at will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant under this Lease other than the amount of Rent payable by Tenant hereunder which shall be increased as provided below, (2) Tenant shall be subject to immediate eviction and removal, and (3) Tenant covenants and agrees to pay Landlord (in addition to the other Rent due hereunder, if any) as Rent for the period of such holdover a prorated daily Base Rent equal to the sum of (a) the daily Base Rent payable during the last month of the Term multiplied by 1.5 for the first 30 days of such holdover and 2.0 thereafter, and (b) the daily amount of all Additional Rent (including, but not limited to, the Triple Net Expenses) payable during the last month of the Term. Tenant’s possession of the Premises after the Expiration Date or earlier termination of this Lease shall terminate immediately constitute an Event of Default under Section 19.5 herein. The Rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of this Section 17. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant’s receipt of notice from Landlord to so vacate. No holding over by Tenant (whether with or without further notice upon the expiration consent of Landlord), and no payments of money by Tenant to Landlord after the end of the Term, shall operate to reinstate, continue or extend the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or no extension of this Lease, or give Tenant any rights under this Lease, except when in Term shall be valid unless evidenced by a writing signed by both partiesLandlord and Tenant. If No payments of money by Tenant holds over for any (other than the holdover rent accruing during such holdover period paid in accordance with the provisions of this Section 17) to Landlord after the expiration (Expiration Date or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Lease shall constitute full payment of such events, possession shall be subject to all of Rent under the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover . Tenant shall be one hundred twenty-five percent (125%) of the Basic Rent liable for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless all damages resulting from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawits holding over.
Appears in 1 contract
Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Leased Premises or part of them after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either Lease by lapse of such events, possession time or otherwise at the rate (“Holdover Rate”) which shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent One Hundred Fifty Percent (150%) of the Basic amount of the Minimum Monthly Rent for the month immediately preceding last period prior to the date of such termination, plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and the monthly Basic Rent for the third (3rd) Insurance, prorated on a daily basis, and each successive month also pay all damages sustained by Landlord by reason of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may besuch retention. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance Notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination, a tenancy on a month to month basis or at Landlord’s election, at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result have been created in a renewal the event of this Leaseany holding over. The foregoing provisions In any event, no provision of this Section are in addition 33.2 shall be deemed to and do not affect waive Landlord's ’s right of re-entry reentry or any other rights of Landlord right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by If Tenant after the expiration shall not constitute a renewal immediately surrender the Premises to Landlord on the Expiration Date or extension earlier termination of this Lease, or give Tenant any rights under shall be deemed to be a monthly tenant at sufferance upon all of the terms and conditions of this Lease; provided, except when in writing signed by both parties. If Tenant holds over that the monthly Base Rent shall, for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following month of any such holdover, be 125% and, thereafter, 150%, in any such case, of the monthly Base Rent in effect during the last month of the Term (or that would be in effect irrespective of any credits, abatements, offsets or other reductions). The provisions of this Article 37 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or under Applicable Law. If Tenant shall hold over after the Expiration Date or earlier termination of this Lease. In either of such events, and Landlord shall desire to regain possession shall be subject to all of the terms Premises, then Landlord may forthwith re-enter and take possession of the Premises by any legal process in force in the state in which the Project is located, and, if Tenant holds over after Landlord delivers at least one hundred fifty (150) days prior written notice to Tenant (even if such notice is delivered prior to the Expiration Date or earlier termination of this Lease) (a) stating that Landlord does not consent to any such holding over, except and (b) further stating, in all-capital letters, (i) that the monthly Basic Rent Landlord believes it has a replacement tenant for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationPremises, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent estimated commencement date for comparable space in the Building occupancy of such replacement tenant, and (iii) that, if Tenant holds over at any time after the later of the Expiration Date or Projectthe date that is one hundred fifty (150) days after the date of such notice, Landlord will suffer consequential damages (such written notice shall be hereinafter referred to as the case may be. If “Consequential Damages Notice”), then, in such event, and without limitation as to Landlord’s right to pursue unlawful detainer proceedings against Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so in connection with any such holding over by LandlordTenant, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityand against the cost of unlawful detainer proceedings instituted by Landlord against Tenant, including without limitationincreased construction costs to Landlord as a result of Landlord’s inability to timely commence construction of tenant improvements for a replacement tenant for the Premises, lost rents that result from Landlord’s inability to timely deliver the Premises to such new tenant, and any claims Claim against Landlord made by any succeeding tenant relating to such failure to surrenderthe replacement tenant. Acceptance by Landlord For the avoidance of rent after doubt, the termination parties agree that Tenant shall not constitute a consent to a holdover be liable for any other incidental, indirect, special or result in a renewal of consequential damages, or for lost profits, under this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 1 contract
Samples: Office Lease (SPS Commerce Inc)
Holding Over. This Lease If Tenant shall terminate without further notice upon the expiration remain in possession of the Term, and any holding over by Tenant Total Site after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term of this Lease without the prior express written consent of Landlord, such possession shall constitute Tenant will be deemed to be occupying the Total Site as a tenancy at tenant-at-sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be only subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, covenants and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration obligations of this Lease despite demand and at a daily rental equal to do so by Landlord$5.00 per acre that the Tenant has not surrendered per day, Tenant shall indemnify plus all other amounts of rent and hold Landlord harmless from all loss or liabilityitems of additional rent which are payable hereunder, including without limitation, during the period of any claims made by any succeeding tenant relating to such failure to surrenderholding over. Acceptance by Landlord of rent after the such expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to renewal, and do shall not affect Landlord's right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. If any property not belonging to Landlord remains at the Total Site after the expiration of the term of this Lease Lease, Tenant hereby authorizes Landlord, without liability for compensation or at lawdamages to Tenant, to retain all or any portion thereof (and title thereto shall thereupon be vested in Landlord), or remove such property and make such disposition thereof as Landlord may desire. Tenant shall, upon demand by Landlord, pay Landlord for the expense of any such removal and disposition plus the cost of repair of any and all damages to the Total Site resulting from or caused by such removal. In the event that such property belongs to someone other than Tenant, Tenant agrees to indemnify and hold Landlord harmless from all Claims in connection with or incident to any removal, exercise of dominion over and/or disposition of such property by Landlord. Tenant shall indemnify and hold Landlord harmless from any and all Claims resulting from Tenant's failure to surrender the Total Site upon the expiration or earlier termination of the Lease.
Appears in 1 contract
Samples: Master Ground Lease
Holding Over. This Lease Should Tenant, without Landlord's written consent, hold over after expiration or termination of this Lease, Tenant shall terminate without further notice become a tenant at sufferance, only upon the expiration each and all of the Term, terms herein provided as may be applicable to a tenant at sufferance and any such holding over by Tenant after the expiration shall not constitute a renewal or an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period part thereof after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsTenant shall never be liable for consequential, possession special or other damages and shall be subject to all liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the terms Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease, except that Lease until Tenant vacates the monthly Basic Rent for Premises) and Landlord shall have the initial month of holdover shall be one hundred twenty-five percent (125%) right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Basic Rent for Premises as provided in this Lease upon the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) expiration or earlier termination of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beTerm. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to indemnify, defend and hold harmless Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating and real estate brokers' claims and attorneys' fees, except as provided above with respect to such failure to surrenderdamages other than direct damages. Acceptance No acceptance by Landlord of rent after any Rent during or for any period following the expiration or termination of the Lease shall not constitute a consent to a holdover operate or result in a be construed as an extension or renewal of this the Lease. The foregoing provisions of this Section are Should Tenant remain in addition to and do not affect the Premises on a month-to-month basis with Landlord's right of reapproval, such month-entry to-month tenancy may be cancelled by either party with thirty (30) days' prior written notice or any other rights of Landlord under this Lease or at such lesser time period as may be permitted by law.
Appears in 1 contract
Samples: Lease (Alnylam Pharmaceuticals Inc)
Holding Over. This Lease shall terminate without further notice upon 31.1 In the expiration event Tenant, or any party claiming under Tenant, retains possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal Expiration Date or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of LandlordTermination Date, such possession shall constitute be that of a holdover tenant and an unlawful detainer. No tenancy at sufferance only; or interest shall result from such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of possession, and such events, possession parties shall be subject to all of the terms of this Leaseimmediate eviction and removal. Tenant or any such party shall pay Landlord, except that the monthly Basic as Base Rent for the initial month period of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationsuch holdover, monthly Basic Rent for the second (2nd) month of holdover shall be an amount equal to one hundred fifty percent (150%) of the Basic Base Rent otherwise provided for herein, during the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month time of holdover shall be together with all other Additional Rent and other amounts payable pursuant to the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal terms of this Lease. Tenant shall also be liable for any and all damages sustained by Landlord due to the loss of a prospective third-party tenant, or delay in delivering the Premises or a portion thereof to a prospective third-party tenant, or a delay in Landlord's ability to perform improvements for a prospective third-party tenant resulting from Tenant's holdover; provided that (a) the lease to the prospective third-party tenant has been fully executed, and (b) Landlord has given notice to Tenant of the date Landlord, pursuant to such lease, intends to deliver the Premises or any portion thereof to the prospective third-party tenant or commence improvements for that prospective third-party tenant at least thirty (30) days prior to such date. Tenant shall vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. The foregoing provisions Rent during such holdover period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the Term of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawLease.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon at the expiration or earlier termination of this Lease, occupancy of the Premises after the termination or expiration shall be that of a tenancy at sufferance. Tenant’s occupancy of the Premises during the holdover shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the sum of the Base Rent and Additional Rent due for the period immediately preceding the holdover. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of Tenant’s holdover and Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, or perform improvements, Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. Notwithstanding anything herein to the contrary, pursuant to Section 91.001(e) of the Texas Property Code, Landlord and Tenant specifically agree that no notice to terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term of this Lease despite demand to do so by Landlord, Tenant shall indemnify under Section 91.001 or Section 24.005 of the Texas Property Code before Landlord files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period (if any) hereof; and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination sublease hereunder shall not constitute be approved unless it also contains a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawspecific comparable waiver by the subtenant thereunder.
Appears in 1 contract
Samples: Hospital Facility Lease Agreement
Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Lease Term with or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior express written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a be from month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of only, and shall not constitute a renewal hereof or an extension for any further term, and in such events, possession case Rent shall be subject payable at a monthly rate equal to all the product of (i) the Rent applicable during the last rental period of the terms of Lease Term under this Lease, except that the monthly Basic Rent for the initial month of holdover shall be and (ii) a percentage equal to either (A) one hundred twenty-five percent (125%) during the first three (3) months of the Basic Rent for the any such month-to-month immediately preceding the date of terminationholdover, monthly Basic Rent for the second and (2ndB) month of holdover shall be thereafter, one hundred fifty percent (150%) ). Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Basic Rent for Premises to Landlord as provided in this Lease upon the month immediately preceding the date expiration or other termination of termination, and the monthly Basic Rent for the third (3rd) and each successive month this Lease. The provisions of holdover this Article 16 shall not be the greater of: (I) one hundred fifty percent (150%) deemed to limit or constitute a waiver of the Basic Rent for the month immediately preceding the date any other rights or remedies of termination; Landlord provided herein or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beat law. If Tenant holds over without Landlord's express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord's express written consent may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender vacate and deliver the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and any lost profits to Landlord resulting therefrom; provided, however, upon entering into a third-party lease which affects all or any portion of rent the Premises, Landlord shall deliver written notice (the "New Lease Notice") of such lease to Tenant, following which the terms of the foregoing indemnity shall only become effective upon the later of (i) the date that occurs sixty (60) days following the date Landlord delivers such New Lease Notice to Tenant, and (ii) the date which occurs thirty (30) days after the termination shall not constitute a consent to a holdover or result in a renewal expiration of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.
Appears in 1 contract
Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of all or any part of the TermPremises after the Lease Expiration Date, and any then such holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute be a tenancy at sufferance only; such holding over with sufferance, for the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsentire Premises, possession shall be subject to all of the terms and conditions of this Lease, except that Tenant shall pay monthly installments of Rent (determined on a per month basis without reduction for partial months during the holdover) equal to 150% of the monthly Basic installment of Rent in effect immediately prior to such holding over. This Section shall not be construed as Landlord’s permission for the initial month Tenant to holdover. Acceptance of holdover Rent by Landlord following expiration or termination shall be one hundred twenty-five percent (125%) not constitute an extension of the Basic Rent for the month immediately preceding the date Term or prevent Landlord from immediate recovery of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) possession of the Basic Rent for Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease to the month immediately preceding contrary, any holdover by Tenant, unless first consented to by Landlord, shall constitute an Event of Default on the date part of terminationTenant under this Lease entitling Landlord to exercise, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) without obligation to provide Tenant any notice or cure period, all of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space remedies available to Landlord in the Building or Project, as the case may beof an Event of Default by Tenant. If Tenant fails to surrender remains in possession of all or any part of the Premises upon after the expiration of this Lease despite demand to do so by LandlordExpiration Date, then Tenant shall indemnify and hold Landlord harmless from and against all loss or liabilityLosses (including, including without limitation, any claims made by any succeeding tenant relating to such consequential damages) resulting from or arising out of Tenant’s failure to surrender. Acceptance by Landlord of rent surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to Lease Expiration Date and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawrelated reasonable attorneys’ fees and brokerage commissions incurred.
Appears in 1 contract
Samples: Lease (AeroVironment Inc)
Holding Over. This Lease shall terminate without further notice upon Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Leased Premises at any time after the expiration or other termination of the Term. If Tenant fails to vacate the Leased Premises and deliver possession of the Leased Premises in the Required Condition on the Termination Date or earlier termination of the Term, Landlord shall have the benefit of all provisions of law respecting the speedy recovery of possession of the Leased Premises (whether by summary proceedings or otherwise). In addition to and any holding over by Tenant after not in limitation of the expiration shall not constitute a renewal or extension of this Leaseforegoing, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after occupancy subsequent to the expiration (Termination Date or earlier termination) termination of the Term without the prior written consent of Landlord, such possession (“Holdover Occupancy”) shall constitute be a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Leasesufferance. In either of such events, possession Holdover Occupancy shall be subject to all of the terms terms, covenants, and conditions of this LeaseLease (including those requiring payment of Additional Rent), except that the monthly Basic Minimum Rent for the initial each month of holdover or partial month that Tenant holds over (“Holdover Minimum Rent”) shall be equal to one hundred twentyand one-five percent half (125%1-1/2) times the monthly Minimum Rent payable in the last Lease Year. Tenant acknowledges and agrees that Landlord may undertake a renovation or redevelopment of the Basic Rent for Leased Premises or Building and/or lease the month immediately preceding the date Leased Premises (in whole, in part or as a part of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) a larger portion of the Basic Rent for Building) to another tenant after the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) expiration or other termination of the Basic Rent for Term and that any breach or other violation of the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration provisions of this Lease despite demand Section 3.03 may result in material damages to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, (including without limitation, any claims made by damages to Landlord in connection with renovation or redevelopment activities or its reletting of the Leased Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including without limitation reasonable attorneys’ fees, court costs, and lost business opportunity regarding any succeeding tenant relating to such failure to surrender. Acceptance prospective tenant(s) for the Leased Premises), suffered by Landlord as a result of rent after Tenant’s Holdover Occupancy, provided that no such damages, losses or costs shall be due or payable with respect to the termination shall not constitute a consent to a holdover or result in a renewal first month of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawTenant’s Holdover Occupancy.
Appears in 1 contract
