Common use of Holding Over Clause in Contracts

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 4 contracts

Sources: Triple Net Lease Agreement (Zoned Properties, Inc.), Triple Net Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Holding Over. Should Tenant, or any of its successors in interestwithout Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute 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 any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be 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 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 until Tenant vacates the Premises) and Landlord shall have the 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 Premises as provided in this Lease upon the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawTerm. If Tenant fails to surrender the Premises on upon the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify agrees to indemnify, defend and hold harmless Landlord harmless forfrom all costs, from and against all claimsloss, damages, including consequential damages, loss and expense or liability, including without limitation, any claim claims made by any succeeding tenant resulting from such failure to surrender by Tenant and any real estate brokers’ claims and attorneys’ fees and costs incurred by Landlord fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such claimmonth-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by law.

Appears in 4 contracts

Sources: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Subtenant fails to surrender the Subleased Premises or any part thereof after at the expiration or earlier termination of this Lease without Landlord’s prior written consentSublease, such holding over occupancy of the Subleased Premises after the termination or expiration shall constitute and be construed as that of a tenancy at sufferance only, at sufferance. Subtenant’s occupancy of the Subleased Premises during the holdover shall be subject to all the terms and provisions of this Sublease and Subtenant shall pay an amount (on a monthly rent per month basis without reduction for partial months during the holdover) equal to two hundred percent (200%) 150% of the sum of the Base Rent payable and Additional Rent due for the final month of period immediately preceding the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicableholdover. Should Tenant, No holdover by Subtenant or any of its successors in interest, hold over the Premises or any part thereof payment by Subtenant after the expiration or earlier early termination of this Lease with Landlord’s prior written consent, such holding over Sublease shall constitute and be construed to extend the Term or prevent Sublandlord from immediate recovery of possession of the Subleased Premises by summary proceedings or otherwise. 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, or to perform improvements for a new subtenant, as a tenancy from month result of Subtenant’s holdover, Subtenant shall be liable to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable Sublandlord for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including including, without limitation, consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such failure to surrender by Tenant and any attorneys’ fees and costs incurred damages may include all of the holdover rent charged by Landlord with respect under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent may apply to any such claimthe entire Master Lease Premises.

Appears in 4 contracts

Sources: Sublease (Aravive, Inc.), Sublease (Lyft, Inc.), Sublease (Lyft, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold 26.1 Any holding over the Premises or any part thereof after the expiration or earlier other termination of this the Lease Term without Landlord’s prior the express written consent, such consent of Landlord delivered to Tenant shall be construed to be a tenancy at sufferance. Any holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier other termination of this the Lease Term with Landlord’s prior the express written consent, such holding over consent of Landlord delivered to Tenant shall constitute and be construed as to be a tenancy from month to month only, at a and shall be on all the terms set forth herein, except that the monthly rent Base Rent shall be an amount equal to two the greater of: (a) one hundred fifty percent (200150%) of the then current fair market monthly rental value for the Premises as reasonably determined by Landlord, or (b) one hundred fifty percent (150%) of the monthly Base Rent payable for the final last full month of the Term term (without giving consideration to any period of abatement arising as a result of the occurrence of any casualty or for any other reason). Acceptance by Landlord of any rent after the expiration or termination of this Lease and otherwise upon shall not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantterm hereof. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 section are in addition to to, and do not affect Landlordaffect, ▇▇▇▇▇▇▇▇’s right of to re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify indemnify, defend and hold Landlord harmless for, from and against all claims, demands, liabilities, damages, losses, costs and expenses, including, without limitation, attorneys’ fees, incurred by or asserted against Landlord and arising directly or indirectly from Tenant’s failure to timely surrender the Premises, including but not limited to (i) any rent payable by or any loss, cost, or damages, including consequential damageslost profits, loss and liability, including without limitation, any claim made claimed by any succeeding prospective tenant resulting from of the Premises or any portion thereof, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof by reason of such failure to timely surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Premises.

Appears in 3 contracts

Sources: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)

Holding Over. Should Tenant, or any In the event of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier other termination of this Lease without Landlordor in the event Tenant continues to occupy the Premises after the termination of Tenant’s prior written consentright of possession pursuant to Section 23.A(3) hereof, occupancy of the Premises subsequent to such holding over termination or expiration shall constitute and be construed as that of a tenancy at sufferance onlyand in no event for month-to-month or year-to-year. Tenant shall, at throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a monthly rent per month basis without reduction for any partial months during any such holdover) equal to two one hundred fifty percent (200or 150%) of the Base Rent payable for and Additional Rent which would have been applicable had the final month Lease Term continued through the period of the Term such holding over by Tenant. No holding over by Tenant or payments of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof money by Tenant to Landlord after the expiration or earlier termination of this the Lease with Landlord’s prior written consent, such holding over Term shall constitute and be construed as a tenancy to extend the Lease Term or prevent Landlord from month to month only, at a monthly rent equal to two hundred percent (200%) recovery of immediate possession of the Base Rent payable for the final month of the Term of this Lease and Premises by summary proceedings or otherwise upon the terms and conditions in the Lease, except that unless Landlord may terminate the tenancy on 10 days prior has sent written notice to TenantTenant that Landlord has elected to extend the Lease Term. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in In addition to and do not affect Landlord’s right of re-entry or the obligation to pay the amounts set forth above during any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasesuch holdover period, Tenant shall indemnify and hold also be liable to Landlord harmless for, from and against for all claims, damages, including consequential damagesincluding, loss and liability, including without limitation, any claim 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 resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred or prospective tenant against Landlord for delay by Landlord with respect in delivering possession of the Premises to any such claimother tenant or prospective tenant.

Appears in 3 contracts

Sources: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof 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 this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to rental shall be two hundred percent (200%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Leasetermination, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with subject to Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month right to month only, at a monthly rent equal to two hundred percent modify same upon thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease 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. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 3 contracts

Sources: Office Space Lease (United Business Holdings, Inc), Office Space Lease (United Business Holdings, Inc), Office Space Lease (Gardenburger Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof 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 this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as 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, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to two Basic Rent shall be the greater of (a) one hundred seventy-five percent (200175%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in Landlord’s industrial lease portfolio in the vicinity of the Term Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease and otherwise upon the terms and conditions despite demand to do so by Landlord, Tenant shall be liable in the Leasedamages for all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 3 contracts

Sources: Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp), Industrial Lease (Intralase Corp)

Holding Over. Should 31.1 In the event Tenant, or any party claiming under Tenant, retains possession of its successors in interest, hold over the Premises after the Expiration Date or Termination Date, such possession shall be that of a tenant at sufferance and an unlawful detainer. No tenancy or interest shall result from such possession, and such parties shall be subject to immediate eviction and removal. Tenant or any part thereof after such party shall pay Landlord, as Base Rent for the expiration or earlier period of such holdover, a monthly amount equal to one hundred fifty percent (150%) of (a) the Base Rent for the last period prior to the date of such termination plus (b) Additional Rent attributable to Operating Expenses and Taxes as provided in Article 5 of this Lease without Landlord’s prior written consentduring the time of holdover, such holding over together with all other Additional Rent and other amounts payable pursuant to the terms of this Lease. Notwithstanding the foregoing, Tenant shall constitute and not be construed as required to pay during any holdover period any amounts attributable to the Additional Allowance or the Amortization Rate. Such tenancy at sufferance onlyshall be subject to every other applicable term, at covenant and agreement contained herein. Tenant shall also be liable for any and all damages sustained by Landlord as a monthly rent equal to two hundred percent (200%) result of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicablesuch holdover. Should Tenant, or any of its successors in interest, hold over Tenant shall vacate the Premises or any part thereof after the expiration or earlier termination and deliver same to Landlord immediately upon Tenant’s receipt of this Lease with notice from Landlord to so vacate. The Rent during such holdover period shall be payable to Landlord on demand. Landlord’s prior written consent, such holding acceptance of Rent if and after Tenant holds over shall constitute and be construed as a not convert Tenant’s tenancy from month at sufferance to month only, at a monthly rent equal to two hundred percent (200%) any other form of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions the Term of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold unless otherwise specified by notice from Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimTenant.

Appears in 2 contracts

Sources: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)

Holding Over. Should Tenant shall vacate the Premises upon the expiration of the Lease Term or earlier termination of this Lease 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, at a rate equal to one hundred fifty percent (150%) of the Base Rent then in effect and Tenant shall reimburse Landlord for and defend and indemnify Landlord against actual damages which Landlord incurs from Tenant’s delay. If Tenant does not vacate the Premises upon the expiration of the Lease Term or earlier termination of the Lease in accordance with the terms of this Lease and Landlord thereafter accepts Rent from Tenant, or any Tenant’s occupancy of its successors in interest, hold over the Premises or shall be a “month to month” tenancy, subject to all of the terms of this Lease, other than the payment of Base Rent, which shall be paid at a per diem rate as set forth above, and Landlord shall have the right to terminate this Lease and Tenant’s right to occupy the Premises on thirty (30) days’ notice. Acceptance by Landlord of any part thereof Rent after the such expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not constitute a consent to a holdover hereunder or result in a renewal of the Lease or extension of this Lease. The foregoing provisions of any lease and nothing in this Section 17.14 are in addition 2.05 shall limit or restrict Landlord from pursuing any remedies against Tenant for failure to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawtimely vacate the Premises. If Landlord provides Tenant fails to surrender the Premises on the expiration at least thirty (30) days’ prior written notice of this Lease and/or to remove all such potential damages, then Tenant shall reimburse Landlord for and defend and indemnify Landlord against actual, incidental and consequential damages which Landlord incurs solely from Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimholdover.

Appears in 2 contracts

Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding the Term. If Tenant holds over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as a tenancy from month to month tenant at sufferance only, at a monthly rent and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any such holdover period shall be equal to two one hundred fifty percent (200150%) of the Monthly Base Rent payable for the final month of the Term of in effect under this Lease and otherwise upon the terms and conditions in the Leaseimmediately prior to such holdover, except that Landlord may terminate the tenancy prorated on 10 days prior written notice to Tenanta daily basis. The acceptance Acceptance by Landlord of Rent rent after such expiration or early earlier termination shall will not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 Paragraph 11 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration of this Lease and/or in accordance with the terms of this Paragraph 11 despite demand to remove all Tenant’s fixture and/or personal property pursuant to this Leasedo so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless for, from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including consequential damagesattorneys' fees and costs), loss and liabilityincluding, including without limitation, any claim 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 such Tenant's failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Industrial Lease (Cutter & Buck Inc), Industrial Lease (Cutter & Buck Inc)

Holding Over. Should Tenant, or any of its successors in interestwithout Landlord’s written consent, hold over after termination of this Lease, Tenant shall become a tenant from month-to-month, only upon each and all of the terms herein provided as may be applicable to a month-to-month tenancy and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 200% of the amount of Rent then applicable, prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease, together with all damages sustained by Landlord on account thereof and all other payments required to be made by Tenant hereunder. 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 until Tenant vacates the Premises) and Landlord shall have the 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 Premises as provided in this Lease upon the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawTerm. If Tenant fails to surrender the Premises on upon the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify agrees to indemnify, defend and hold harmless Landlord harmless forfrom all costs, from and against all claimsloss, damages, including consequential damages, loss and expense or liability, including without limitation, any claim claims made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneysreal estate brokersfees claims and costs incurred by Landlord with respect to any such claimattorney fees.

Appears in 2 contracts

Sources: Sublease Agreement (Medivation, Inc.), Office Lease (Medivation, Inc.)

Holding Over. Should Tenant, or any 12.1. If Tenant holds over possession of its successors in interest, hold over the Premises beyond the Termination Date or any part thereof after prior expiration of the expiration or earlier termination of this Lease without Landlord’s prior written consentTerm, such holding over shall constitute not be deemed to extend the Term or renew this Lease but such holding over shall continue upon the terms covenants and conditions of this Lease as a tenant at will except that Tenant agrees that the charge for use and occupancy of the Premises for each calendar month or portion thereof that Tenant holds over (even if such part shall be construed as tenancy at sufferance only, at one day) shall be a monthly rent liquidated sum equal to two one-twelfth (1/12th) of one hundred fifty percent (200150%) of the Base Rent payable for and Additional Rent required to be paid by Tenant during the final month calendar year preceding the Termination Date or earlier expiration of the Term Term. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of this Lease the Premises will be extremely substantial, will exceed the amount of the monthly Base Rent and otherwise Additional Rent payable hereunder and will be impossible to accurately measure. If the Premises are not surrendered upon the terms and conditions in the Lease, so far as applicable. Should Tenant, Termination Date or any of its successors in interest, hold over the Premises or any part thereof after the prior expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the LeaseTerm, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to the use and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leaseoccupancy charge set forth above, Tenant shall indemnify and hold harmless Landlord harmless foragainst any and all losses and liabilities resulting therefrom, from and against all claimsincluding, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant resulting from founded upon such failure delay. Nothing contained in this Lease shall be construed as a consent by Landlord to surrender the occupancy or possession by Tenant of the Premises beyond the Termination Date or prior expiration of the Term, and Landlord, upon said Termination Date or prior expiration of the Term, or at any attorneys’ fees time thereafter (and costs incurred notwithstanding that Landlord may accept from Tenant one or more payments called for by Landlord with respect this Section 12.1), shall be entitled to any such claimthe benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the immediate repossession of the Premises. The provisions of this Article shall survive the Termination Date or earlier expiration of the Term.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Aptalis Holdings Inc.)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof 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 this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to two rental shall be one hundred fifty percent (200150%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Leasetermination, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with subject to Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month right to month only, at a monthly rent equal to two hundred percent modify same upon thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease 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. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 2 contracts

Sources: Office Space Lease, Office Space Lease (Infosonics Corp)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term without the express written consent of this Lease Landlord, which consent Landlord may withhold in its sole and otherwise upon the terms and conditions in the Lease, so far as applicableabsolute discretion. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease the Term with or without the express written consent of Landlord’s prior written consent, such holding over then, in addition to all other remedies available to Landlord, Tenant shall constitute and be construed as become a tenancy from month to month tenant at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), but at a Monthly Base Rent equal to one hundred fifty percent (150%) of the Lease, except that Landlord may terminate Monthly Base Rent applicable to the tenancy Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on 10 days prior written notice to Tenanta per month basis without reduction for partial months during the holdover. The acceptance Acceptance by Landlord of Rent after such expiration or early earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant shall be liable, and shall pay to Landlord within ten (10) days after demand, for all losses incurred by Landlord as a renewal result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or extension relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 17.14 21.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimat law or in equity.

Appears in 2 contracts

Sources: Office Lease (Alteryx, Inc.), Commercial Lease Agreement (Zhone Technologies Inc)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises or any part thereof after the expiration of the term hereof with the express written consent of Landlord, the person or earlier termination of party remaining in possession shall be deemed to be a tenant at sufferance, and during any such holdover the Rent payable under this Lease without Landlord’s prior written consent, by such holding over shall constitute and be construed as tenancy tenant at sufferance only, at a shall be twice the last monthly rent equal to two hundred percent (200%) of the Base Rent and Additional Rent together, plus all other charges payable for the final month of the Term of this Lease hereunder, and otherwise upon all the terms and conditions in the Lease, so far as applicablehereof applicable to a month-to-month tenancy. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall also indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs damages incurred by Landlord with respect arising from Tenant’s holdover after the termination or expiration of the Term hereof. Notwithstanding anything to the contrary contained in the above Paragraph, Tenant is hereby required to notify Landlord, one hundred and twenty (120) days prior to the expiration of this Lease, or any extension or renewal thereof, of its intention to vacate the Premises at the expiration of the then current term. If such claimnotice is not received by Landlord by the date which is one hundred and twenty (120) days prior to the expiration date of the then current term, this Lease will automatically renew on a Month-to-Month basis and Tenant will pay monthly rent at the greater of the Holdover rate as specified in above Section 3.5 or the current market rate at the time of Lease expiration. Such monthly rent amount will begin on the first day following the expiration date and continue through and including the last day in which Tenant occupies the Leased Premises. Tenant shall, upon vacating the Premises, leave the Premises in accordance with, and pursuant to, the terms of the Lease as it would have if vacating at the natural expiration of this Lease.

Appears in 2 contracts

Sources: Retail Lease Agreement, Retail Lease Agreement

Holding Over. Should Tenant, or any of its successors If Tenant remains in interest, hold over the Premises or any part thereof possession after the expiration or earlier 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 without Landlord’s prior written consent, by operation of law. During the first ninety (90) days of any such holding over over, all provisions of this Lease shall constitute be and remain in effect except that the monthly Base Rental and Tenant’s Additional Rental shall be construed as tenancy at sufferance only, at a monthly rent an amount equal to two one hundred twenty-five percent (200125%) of Base Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the last full month of 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 amount of Base Rent Rental and Tenant’s Additional Rental (including any adjustments as provided herein) payable for the final last full month of the Term Lease Term. The inclusion of the preceding sentence in this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and not be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawconsent for Tenant to hold over. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall defend, indemnify and hold Landlord harmless for, from and against any and all claims, damageslosses and liabilities for damages resulting from failure to surrender possession upon the expiration or sooner termination of the Lease Term, including consequential damagesincluding, loss and liability, including without limitation, any claim claims made by any succeeding tenant resulting from tenant. Notwithstanding the foregoing, in the event of a holdover, Tenant shall not be responsible for consequential damages unless such failure to surrender by holdover lasts longer than six (6) months, and if such holdover lasts longer than six (6) months, Tenant and any attorneys’ fees and costs shall only be responsible for those consequential damages incurred by Landlord with respect to any such claimafter the date that is six (6) months after the date Tenant’s holdover commenced.

Appears in 2 contracts

Sources: Deed of Lease Agreement, Deed of Lease Agreement (Newmarket Corp)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof 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 this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to two rental shall be one hundred fifty percent (200150%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Leasetermination, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with subject to Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month right to month only, at a monthly rent equal to two hundred percent modify same upon thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease 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. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 2 contracts

Sources: Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (Intercept Pharmaceuticals Inc)

Holding Over. Should TenantIf, or any of its successors in interestwith Landlord’s express written consent, hold Tenant holds over the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over shall constitute a month-to-month tenancy on all the other terms and conditions of this Lease, except that Base Rent shall be equal to 125% of the Base Rent payable under this Lease for the last full month before the date of expiration or termination. This section 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 Term, except as specifically set forth above. If Tenant remains in possession of the Premises after expiration or other termination of this Lease without Landlord’s prior express written consent, such holding over Tenant’s continued possession shall constitute and be construed as on the basis of a tenancy at sufferance only, at a monthly rent and Tenant shall pay as Base Rent during the holdover period an amount equal to two one hundred fifty percent (200150%) of the Base Rent payable under this Lease for the final last full month before the date of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawtermination. If Tenant fails to surrender the Premises on the upon expiration or other termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant or liability resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 expiration or other termination of this Lease and any related attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Holding Over. Should Tenant, If Subtenant occupies (or any of its successors in interest, hold over claims the right to occupy) the Subleased Premises or any part thereof portion of the Subleased Premises after the expiration or earlier termination of this Lease Sublease without Landlord’s prior written consenthaving entered into a new sublease of the Subleased Premises with Sublandlord, such holding over Subtenant shall constitute and be construed as tenancy at a tenant-at-sufferance only, at a monthly rent shall be subject to all of the terms and provisions of this Sublease, and shall pay, as use and occupation each month, an amount equal to two one hundred fifty percent (200150%) of the monthly Base Rent payable payments and one hundred percent (100%) of the Additional Rent payments in effect for the final last full calendar month preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease Sublease. Such a holding over, even if with Landlord’s prior written consentthe consent of Sublandlord, such holding over shall not constitute and be construed as a tenancy from month at will or an extension or renewal of this Sublease, and shall not diminish or affect Sublandlord’s right to month only, at a monthly rent equal to two hundred percent (200%) recover possession of the Base Rent payable for Subleased Premises by self help, re-entry by summary proceedings or otherwise, the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to Sublease, judicial process or otherwise. Subtenant shall save Sublandlord harmless and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasewill exonerate, Tenant shall defend, indemnify and hold Landlord harmless for, Sublandlord from and against any and all claims, damages, including consequential damages, loss damages and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimexpenses that Sublandlord suffers on account of Subtenant’s holding over in the Subleased Premises after the expiration or sooner termination of the term of this Sublease.

Appears in 2 contracts

Sources: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)

Holding Over. Should Tenant, or If Tenant holds over for any of its successors in interest, hold over the Premises or any part thereof period after the expiration Expiration Date (or earlier termination of this Lease without Landlord’s prior written consentthe Term), such holding over tenancy shall constitute and be construed as a tenancy at sufferance only, at a monthly rent equal only and possession shall be subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term terms of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 monthly rental shall be 200% of the total monthly rental for the month immediately preceding the date of termination, except that during the first 60 days prior written notice of such holdover, the monthly rental shall be 150% of Rent for the month immediately preceding the date of termination. After the initial 60 days of such holdover, the monthly rental shall be increased to Tenant200% of the total monthly Rent for the month immediately preceding the date of termination. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to vacate the Premises within 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, and 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 in a renewal of Tenant’s holdover, then Tenant shall be liable for all damages that Landlord suffers from the holdover. Tenant shall also indemnify and hold Landlord harmless from all loss or extension of this Leaseliability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 15.1 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Sources: Lease (Connect Biopharma Holdings LTD)

Holding Over. Should Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of its successors in interest, hold over the Premises without Landlord’s written consent. If Tenant shall retain possession of the Premises or any part portion thereof after without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall 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 any loss, liability or cost, 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 the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease without Lease, or following demand by Landlord for possession of the Premises, shall not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) right of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, reentry or any of its successors in interestother right. Additionally, hold over the Premises or any part thereof after the if upon expiration or earlier termination of this Lease Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with Landlordrespect 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 prior written consentsole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term terms of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantParagraph 25 shall apply. The acceptance by Landlord provisions of Rent after such this Paragraph 25 shall survive any expiration or early earlier termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Landlord Consent to Sublease (Premier Commercial Bancorp)

Holding Over. Should Tenant, or any of its successors in interest, hold over Tenant shall have no right to occupy the Premises or any part portion thereof after the expiration or earlier termination of this Lease without Landlordor of Tenant’s prior written consentright to possession. For each month or portion thereof Tenant retains possession of the Premises, such holding over or any portion thereof, after the expiration or termination of this Lease or Tenant’s right to possession, Tenant shall constitute and be construed as tenancy at sufferance only, at a monthly rent pay Landlord an amount equal to one hundred fifty percent (150%) of the last applicable monthly Base Rent for the first six (6) months of any holdover, and thereafter two hundred percent (200%) of the last applicable monthly Base Rent. Holdover rent shall be payable in advance on the first day of each month of such holdover and shall not be prorated for any partial month. Acceptance of said Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall not constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance waiver by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of any re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of for under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leaseor by law nor shall it be deemed an extension or renewal of the Lease Term without a written election thereof by Landlord. In addition, Tenant shall indemnify and hold Landlord harmless for, from and against be liable for all claims, damages, including consequential damagesdirect and consequential, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect as a result of such holdover. Notwithstanding the foregoing, if prior to any such claimthe date of Lease expiration, Landlord has delivered a written renewal proposal to Tenant and Tenant and Landlord are negotiating in good faith to renew the Lease Term, then for a period of thirty (30) days after expiration of the Lease, Base Rent shall be 100% of the last applicable monthly Base Rent, provided, however, the foregoing shall not obligate Landlord or Tenant to negotiate in good faith or otherwise for a new lease for the Premises or renewal of the Term.

Appears in 1 contract

Sources: Single Tenant Net Lease (Childrens Place Retail Stores Inc)

Holding Over. Should Tenant, or If Tenant holds possession of any portion of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of the term of this Lease with respect to that portion of the Premises without the written consent of Landlord (hereinafter referred to as a “holdover”), then, absent express agreement of Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy at sufferance only, and not for any periodic or fixed term. Tenant shall pay monthly rental hereunder during the first thirty (30) days of such holdover period at a monthly rent an amount equal to two one hundred twenty-five percent (200125%) of the monthly Base Rent payable for immediately prior to expiration of such term with respect to such Premises. After the final month first thirty (30) days of such holdover period, Tenant shall pay monthly rental at an amount equal to one hundred fifty percent (150%) of the Term monthly Base Rent payable immediately prior to expiration of such term with respect to such Premises. In addition, Tenant shall pay to Landlord its proportionate share of Real Property Taxes, Project Property Insurance and Operating Expenses as provided in this Lease Lease. Nothing herein shall be construed as a consent in advance by Landlord to any holding over by Tenant or to any specific terms or conditions of any holding over, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord when and as required hereunder. Any holding over with the written consent of Landlord shall, except as otherwise upon specified in such consent, thereafter constitute a lease from month to month but otherwise subject to all of the terms and conditions in the of this Lease, so far as applicable. Should Tenant, excluding any options or any rights of its successors in interest, hold over Tenant to renew or extend this Lease or expand the Premises hereunder. In addition, Tenant shall not be liable for any consequential damages or claims of lost profits or lost income in connection with any part thereof holdover unless Tenant fails to vacate and surrender to Landlord possession of the Premises within twenty (20) days after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition Tenant to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimso.

Appears in 1 contract

Sources: Lease Agreement (Cutera Inc)

Holding Over. Should TenantAny holding over after the expiration or termination of this lease with the written consent of Landlord shall be construed to be a tenancy from month to month at the monthly rent, as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month to month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two retention for the first thirty (30) days one hundred twenty-five percent (200125%) of the Base Rent payable for daily rental in effect during the final last month prior to the date of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination and thereafter Tenant shall pay to Landlord for each day of such retention double the amount of the daily rental in effect during the last month prior to the date of such expiration or termination. Tenant shall also indemnify and hold Landlord harmless from any loss, liability and expense (including, but not limited to, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of lease, and nothing contained in this Section 17.14 are in addition to and do not affect paragraph shall waive Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawright. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold be only a Tenant at sufferance, whether or not Landlord harmless foraccepts any rent from Tenant, from and against all claims, damages, including consequential damages, loss and liability, including while Tenant is holding over without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord's written consent.

Appears in 1 contract

Sources: Lease (Novacept Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant occupies the Premises or any part thereof after the expiration Lease Expiration Date (or earlier termination of this Lease Lease) without having entered into a new lease of the Premises with Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as tenancy at a tenant-at-sufferance only, at a monthly rent equal shall be subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and provisions of this Lease, and shall pay as use and occupation each month an amount equal to 150% of the monthly Basic Rent payments in effect for the last full calendar month preceding the Lease Expiration Date (or the date of earlier termination). Such a holding over, even if with the consent of Landlord, and regardless of any conditions or restrictions set forth on checks or payments made to Landlord (whether or not Landlord places restrictive endorsements on such checks or payments), shall not constitute a tenancy at will or an extension or renewal of this Lease, and shall not diminish or affect Landlord’s right to recover possession of the Premises by self help, re-entry by summary proceedings, the provisions of this Lease, judicial process, or otherwise. Tenant shall save Landlord harmless and will exonerate, defend, and indemnify Landlord from and against any and all damages that Landlord suffers on account of Tenant’s holding over in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier sooner termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall not be liable for any consequential damages during the tenancy on 10 first 60 days prior written notice of such holdover. Tenant will be obligated to Tenant. The acceptance by Landlord of Rent comply with Section 9.24.1 even if Tenant holds over after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are Tenant hereby indemnifies Landlord against any liability resulting from delay by Tenant in addition to surrendering and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender yielding up the Premises on upon the termination or expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damagesas provided herein, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant resulting from or prospective tenant founded upon such delay or failure to surrender by yield up the Premises in the condition specified in Section 9.24.1, except that Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any shall not incur such claimliability during the first 60 days of such holdover.

Appears in 1 contract

Sources: Lease Agreement (Wave Life Sciences Pte LTD)

Holding Over. Should Tenant, If Tenant shall continue to occupy or any of its successors in interest, hold over possess the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consentthe consent of County, such holding over then unless County and Tenant have otherwise agreed in writing, Tenant shall constitute be a tenant on a month-to-month basis. All the terms, provision and be construed as conditions of this Lease shall apply to this month-to-month tenancy at sufferance onlyexcept those terms, at a provisions and conditions pertaining to the term, and except that the monthly rent shall be immediately adjusted upward upon the expiration or termination of this Lease to equal to two three hundred percent (200300%) of the Base Rent payable monthly rent for the final month of the Term of Premises in effect under this Lease and otherwise upon during the terms and conditions in month which includes the Lease, so far as applicable. Should Tenant, or any day immediately prior to the date of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition This month-to-month tenancy may be terminated by County or Tenant upon thirty (30) days’ prior notice to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawthe nonterminating party. If In the event Tenant fails to surrender the Premises on upon such termination or expiration, the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord County harmless for, from and against all claimsloss, damages, including consequential damages, loss and liability, including cost or expense resulting from or arising out of Tenant’s failure to surrender the Premises, including, without limitation, any claim made by amounts required to be paid to any succeeding tenant resulting from such failure lessee or prospective lessee who was to surrender by Tenant have occupied the Premises after said termination or expiration and any related attorneys’ fees and costs incurred by Landlord with respect brokerage commissions. Notwithstanding the foregoing, no termination of this Lease shall release Tenant from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to any such claimthe date of termination, or date of surrender if it be later.

Appears in 1 contract

Sources: Airport Hangar Lease

Holding Over. Should If Tenant shall, for any reason, remain in possession of any Leased Property after the expiration or earlier termination of the Term as to such Leased Property, such possession shall, at the option of Landlord, in its sole discretion as to each such Leased Property, be as a month-to-month 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), 150% of 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 basis of the aggregate Allocated Rent of each applicable Tenant for the affected Leased Properties). During such period of month-to-month 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 (including, 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) 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 any implied, of its successors in interest, hold Landlord to the holding over the Premises or any part thereof of Tenant after the expiration or earlier termination of this Lease Lease. The terms of this SECTION 19 shall be without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance onlylimitation upon any other right Landlord may have hereunder, at a monthly rent equal law or in equity, on account of any holdover with respect to two hundred percent (200%) the applicable Leased Property(ies). The obligations of Tenant and the Base Rent payable for the final month rights of the Term of Landlord contained in this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after SECTION 19 shall survive the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Master Lease Agreement (Brookdale Senior Living Inc.)

Holding Over. Should Unless Landlord expressly consents in writing to Tenant’s holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of its successors in interest, hold over the Premises without Landlord’s written consent. If Tenant shall retain possession of the Premises or any part portion thereof after without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention one hundred fifty percent (150%) of the amount of daily rental as of the last month prior to the date of expiration or earlier termination; provided, however, that during the first (1st) month following the expiration or earlier termination of this Lease without Landlord’s prior written consentthe Lease, such holding over Tenant shall constitute and only be construed as tenancy at sufferance only, at a monthly rent equal obligated to two pay to Landlord one hundred twenty-five percent (200125%) of the Base Rent payable for the final month amount of the Term daily rental as of this Lease the last month prior to the expiration or earlier termination. Tenant shall also indemnify, defend, protect and otherwise upon hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys’ fees, incurred by Landlord resulting from delay by Tenant in surrendering the terms and conditions in Premises, including, without limitation, any claims made by the Lease, so far as applicablesucceeding tenant founded on such delay. Should Tenant, or any Acceptance of its successors in interest, hold over the Premises or any part thereof after the Rent by Landlord following expiration or earlier termination of this Lease with Landlord’s prior written consentLease, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) or following demand by Landlord for possession of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the LeasePremises, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of , and nothing contained in this Section 17.14 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 Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred 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 claimobligations 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 earlier termination of this Lease.

Appears in 1 contract

Sources: Commercial Lease (Body & Mind Inc.)

Holding Over. Should Tenant, or any of its successors in interest, Tenant shall have no right to hold over the Premises or any part thereof after beyond the expiration or earlier termination of this Lease without Landlord’s prior the express written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) consent of the Base Rent payable for Landlord, which consent Tenant shall obtain from Landlord no later than sixty (60) days prior to the final month expiration of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, Tenant or any of its successors in interestinterest continue to holdover the Premises after the termination of this Lease, whether such termination occurs by lapse of time or otherwise, with the express written consent of Landlord, Tenant shall be deemed to be occupying the Premises under a month-to-month periodic tenancy, and Tenant shall pay to Landlord monthly rental equal to one hundred fifty percent (150%) of the monthly rental (including Base Rent and all other rental amounts) as would be payable if the Lease had not been terminated or expired, and otherwise be subject to all the covenants and provisions of this Lease insofar as the same are applicable to a month-to-month periodic tenancy. Landlord and Tenant agree that any such periodic tenancy may be terminated by thirty (30) days prior written notice by either party to the other party. Should Tenant or any of its successors in interest continue to hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate whether such termination occurs by lapse of time or otherwise, without the tenancy on 10 days prior written notice consent of Landlord, Tenant shall be a Tenant at sufferance, subject to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or summary eviction as otherwise provided by law. If Tenant fails to surrender In the Premises on the expiration event of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leaseany unauthorized holding over, Tenant shall indemnify and hold the Landlord harmless for, from and against all claims, damages, including consequential damages, loss damages sustained by Landlord by reason of such holdover and liability, including without limitation, any claim made all claims for damages by any succeeding other tenant resulting from such failure to surrender by Tenant and whom Landlord shall have leased all or any attorneys’ fees and costs incurred by Landlord with respect to any such claimportion of the leased Premises effective upon the termination of this Lease.

Appears in 1 contract

Sources: Office Lease (Learning Tree International Inc)

Holding Over. Should Tenant, or any In the event of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier termination of this Lease without Landlord’s the prior written consentconsent of Landlord, Tenant shall pay as liquidated damages one and one-half times the monthly amount of Base Rental and Forecast Additional Rental which was payable by Tenant immediately prior to such expiration or termination. Landlord and Tenant agree that because of the difficulty or impossibility of determining Landlord's actual damages as a result of Tenant's holding over shall constitute in the Leased Premises, the difficulties of proof of loss, and the inconvenience or nonfeasibility of Landlord otherwise having a remedy for such breach, the liquidated damages calculated according to the foregoing formula is a reasonable amount to be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of paid for such breach. No holding over by Tenant after the Base Rent payable for the final month of the Term term of this Lease and otherwise upon shall be construed to extend this Lease. If Landlord shall have given Tenant not less than sixty (60) days prior written notice of the terms and conditions in the Lease, so far as applicable. Should Tenant, date that Tenant must surrender possession of all or any portion of its successors the Leased Premises due to a reletting thereof, and Tenant shall holdover in interest, hold over the Premises or any part thereof such space after the expiration date specified in such notice, then in addition to the liquidated damages stipulated above, Tenant shall also indemnify Landlord against all actual and consequential damages, losses and liabilities (including reasonable attorneys' fees and costs of suit) arising out of or earlier termination relating to any such unauthorized holdover, resulting from claims for damages by the other tenant to whom Landlord has leased such space. Any holding over with the prior consent of Landlord in writing shall thereafter constitute this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy lease from month to month only, and shall create a tenancy at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease sufferance relationship between Landlord and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Howell Corp /De/)

Holding Over. Should Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of its successors in interest, hold over the Premises without Landlord's written consent. If Tenant shall retain possession of the Premises or any part portion thereof after without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall 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 any loss, liability or cost, 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 the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) or following demand by Landlord for possession of the Base Rent payable for the final month of the Term Premises, shall not constitute a renewal of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any of its successors in interestother right. Additionally, hold over the Premises or any part thereof after the if upon expiration or earlier termination of this Lease Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with Landlord’s prior written consentrespect 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 shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term terms of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantParagraph 25 shall apply. The acceptance by Landlord provisions of Rent after such this Paragraph 25 shall survive any expiration or early earlier termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease (Access Integrated Technologies Inc)

Holding Over. Should Landlord may terminate Tenant’s tenancy at the end of any term, extension, renewal, or any month-to-month tenancy, in accordance with applicable law. If with the consent of its successors Landlord, ▇▇▇▇▇▇ continues in interest, hold over possession of the Premises after expiration of the Lease Term, any extension, or any part thereof after the expiration or earlier termination of renewal, this Lease without Landlord’s prior written consentshall become a month-to-month lease, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions Lease shall then remain in effect on a month-to-month basis until terminated by either party, in accordance with the requirements set forth in any applicable provision of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry Lease or any other rights of Landlord hereunder or as otherwise provided by applicable law. If Tenant fails holds over and goes month to surrender month, Tenant will be liable for and agrees to pay a month-to-month fee in the amount $ . The month-to-month fee is not rent or additional rent but consideration paid by Tenant to Landlord for the privilege of being allowed to occupy the Premises on a short-term basis without having to commit to a longer term, and Tenant having the expiration of flexibility to terminate the Agreement on notice required by this Agreement. If the parties agree to a new Lease and/or term, Tenant will no longer be liable for paying the month-to-month fee. If either Tenant or Landlord gives notice to remove all Tenant’s fixture and/or personal property pursuant to this Leasevacate, Tenant shall indemnify vacate on or before the date specified in the notice. If without the consent of Landlord, ▇▇▇▇▇▇ continues in possession of the Premises, and hold fails to vacate or fails to turn in any keys after expiration and termination of any Lease term, extension, or renewal, or after any notice to vacate, Tenant shall be wrongfully holding over. For any wrongful holdover period, Tenant shall pay Landlord harmless for, rent in the amount of two (2) times the daily rent calculated by using the monthly rent from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe preceding month.

Appears in 1 contract

Sources: Residential Lease Agreement

Holding Over. Should Tenant, a. Holdover tenant has no right to retain possession of the Exclusive or any of its successors in interest, hold over the Premises Shared Areas or any part thereof after beyond the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender and vacate the Premises on Exclusive or Shared Areas as required, Landlord has all the expiration rights and remedies available to a Landlord against a holdover tenant in wrongful possession including ejectment and recovery of damage. Any security deposit in landlord’s possession under this Lease and/or to remove shall become Landlord’s property. b. At Landlord’s option, Landlord may impose on a holdover tenant a term of month- to-month. The month-to-month tenancy shall be at an adjusted monthly rental rate of one-hundred ten percent (110%),of the Base Rent for the month immediately preceding the termination, plus all Tenant’s fixture and/or personal property pursuant to other Additional Rent payable under this Lease, and shall be subject to all obligations and conditions required of Tenant in this Lease, except: Landlord shall not be required to perform any work, furnish any materials or make any repairs or maintenance within the Premises during the month-to-month tenancy; the month-to-month tenancy may be terminated by Landlord at will at any time; Tenant shall indemnify and hold have no rights to rent abatement or offset; Landlord harmless formay begin to assess as Additional Rent charges for utilities or services during the month-to-month tenancy that may had been previously provided as Landlord’s expense; Landlord shall have the right to further adjust Base Rent or Additional Rent upon ten (10) days written notice. In the event that the month-to- month tenancy goes beyond June 30th of any year, from and against all claims, damages, including consequential damages, loss and liability, including Tenant shall be responsible for payment of real property taxes for the entire year without limitation, proration. Tenant waives any claim made notice that would otherwise be required by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord law with respect to any such claima month-to- month tenancy.

Appears in 1 contract

Sources: Lease Agreement

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof 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 this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to two rental shall be one hundred fifty percent (200150%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise termination, subject to Landlord's right to modify same upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease 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. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Sources: Office Space Lease (Diedrich Coffee Inc)

Holding Over. Should TenantIf, or any with Landlord’s express written consent, Tenant retains possession of its successors in interest, hold over the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or any part thereof after renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease without or such other amount as Landlord may indicate, in Landlord’s prior sole and absolute discretion, in such written consent, such holding over and (iv) all other payments shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) continue under the terms of this Lease. If Tenant remains in possession of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease with Landlord’s prior written consentLease, such holding over including the obligation to pay 100% of all Additional Rent due under this Lease, except that the monthly Base Rent shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) 150% of the Base Rent payable in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by T▇▇▇▇▇’s holding over, including consequential damages; provided that, unless L▇▇▇▇▇▇▇ gave written notice to Tenant at least 30 days before the final month expiration of the Term that a subsequent tenant would be leasing the Premises or any part thereof and that Landlord reasonably anticipates holding over is reasonably likely to impact Landlord’s delivery schedule to such new tenant, Tenant shall be responsible for consequential damages only once T▇▇▇▇▇’s holding over exceeds 15 days. No holding over by T▇▇▇▇▇, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and otherwise upon this Section 8 shall not be construed as consent for Tenant to retain possession of the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantPremises. The acceptance Acceptance by Landlord of Rent after such the expiration of the Term or early earlier termination of this Lease shall not result in a renewal or extension reinstatement of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Gemini Therapeutics, Inc. /DE)

Holding Over. Should Tenant, or any of its successors in interest, hold over If that ▇▇▇▇▇▇ shall not immediately surrender the Premises or any part thereof after to Landlord on the expiration date of the Term or earlier termination of this Lease (including without limitation for the reasons set forth in Section 16.2.4 above), ▇▇▇▇▇▇’s continued possession shall be that of a holdover tenant and an unlawful detainer. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the Term of this Lease, create a month to month tenancy or affect Landlord’s prior written consent, rights under this Lease. No tenancy or interest shall result from such holding over over, and Tenant shall constitute be subject to immediate eviction and be construed as tenancy at sufferance onlyremoval. During such period of holdover, at a monthly rent equal Tenant shall continue to two hundred percent (200%) comply with all of the Base terms and provisions of this Lease, except the monthly Rent payable for shall be 110% of the final monthly Rent in effect during the last month of the Term for the first 30 days of this Lease such holdover, and otherwise upon 200% of the terms monthly Rent in effect during the last month of the Term for any period of holdover beyond the first 30 days. Tenant shall also be liable for, and conditions in the Lease▇▇▇▇▇▇ agrees to indemnify Landlord again, so far any and all damages (including, without limitation, consequential damages and lost profits), costs and liabilities sustained by Landlord as applicablea result of such holdover. Should Tenant, or any of its successors in interest, If Tenant shall hold over the Premises or any part thereof after the expiration date of the Term or earlier termination of this Lease with Landlord’s prior written consentLease, such holding over and Landlord shall constitute and be construed as a tenancy from month desire to month only, at a monthly rent equal to two hundred percent (200%) regain possession of the Base Rent payable for the final month Premises, then Landlord may forthwith re-enter and take possession of the Term of this Lease and otherwise upon the terms and conditions Premises by any legal process in force in the LeaseState of Nevada. Notwithstanding the foregoing, except that if the Term expires on June 12, 2023 without extension, Landlord may terminate the tenancy on 10 days prior written notice agrees not to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in exercise any remedies regarding a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If holdover unless Tenant fails to surrender vacate the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasenot later than June 30, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim2023.

Appears in 1 contract

Sources: Lease Agreement

Holding Over. Should Tenant, If Tenant should remain in possession of all or any portion of its successors in interest, hold over the Premises or any part thereof Tenant Space after the expiration of the Term of this Lease (or any earlier termination of this Lease or the termination of Tenant's right to possess the Tenant Space), without Landlord’s prior written consentthe execution by Landlord and Tenant of a new lease or an extension of the Term of this Lease, then Tenant shall be deemed to be occupying the entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent. During any such holding over holdover period, Tenant shall constitute and be construed as tenancy at sufferance only, at pay to Landlord a monthly rent Base Rent in an amount equal to two hundred percent (200%) [*****] of the Base Rent payable for by Tenant to Landlord during the final last month of the Term of this Lease and otherwise upon the terms and conditions Additional Rent as set forth in the Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, so far as applicablenor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Should Tenant, or Neither any provision hereof nor any acceptance by Landlord of its successors in interest, hold over the Premises or any part thereof rent after the any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) or an extension of the Base Rent payable for Term, or any waiver of any of Landlord's rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the final month contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease and otherwise or upon the terms earlier termination hereof or at any time during any holdover and conditions the right to assert any remedy at law or in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice equity to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by evict Tenant and any attorneys’ fees and costs incurred by Landlord collect damages in connection with respect to any such claimholdover.

Appears in 1 contract

Sources: Datacenter Lease (Rackspace Hosting, Inc.)

Holding Over. Should Tenant, This Lease shall terminate without further notice at the expiration of the Lease Term. Any holding over by Tenant (or any Tenant Related Parties) after Lease Termination shall not constitute a renewal or extension of its successors the Lease Term, nor give Tenant any rights in interestor to the Premises except as expressly provided in this Lease. If Tenant holds over after termination of this Lease without the express written consent of Landlord, Tenant shall become a tenant at sufferance only. Tenant agrees that the reasonable value of the use of the Premises during any such holding over without consent shall be one hundred twenty-five percent (125%) for the first month of any holdover, and one hundred fifty percent (150%) for each month of holdover thereafter, of the monthly Base Rent in effect upon the date of such termination (prorated on a daily basis), and Tenant shall continue to pay during such holdover period all Additional Rent payable by Tenant in effect upon the date of such termination (prorated on a daily basis). Acceptance by Landlord of rent after such termination shall not constitute a hold over hereunder or result in a renewal. If Tenant remains in possession of the Premises after Lease Termination without Landlord’s consent for more than thirty (30) days, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, damage, expense, claim or liability resulting from Tenant’s failure to surrender the Premises, including without limitation, any part thereof after claims made by any succeeding tenant based on delay in the availability of the Premises; provided, however, in no event shall the foregoing be construed as requiring Tenant to indemnify Landlord for any loss, damage, expense, claim or liability to the extent caused by the negligence or willful misconduct of Landlord or its respective employees, contractors or agents. The provisions of this Paragraph 21 shall survive the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Net Lease Agreement (Bloom Energy Corp)

Holding Over. Should Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of its successors in interest, hold over the Premises without Landlord's written consent. If tenant shall retain possession of the Premises or any part portion thereof after without Landlord's consent following the expiration of this Lease or sooner termination for any 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. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, 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 the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) or following demand by Landlord for possession of the Base Rent payable for the final month of the Term Premises, shall not constitute a renewal of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any of its successors in interestother right. Additionally, hold over the Premises or any part thereof after the if upon expiration or earlier termination of this Lease Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with Landlord’s prior written consentrespect 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 shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term terms of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantParagraph 25 shall apply. The acceptance by Landlord provisions of Rent after such this Paragraph 25 shall survive any expiration or early earlier termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Sublease (Imanage Inc)

Holding Over. Should Tenant, or any If Tenant should remain in possession of its successors in interest, hold over the Premises or any part thereof after the expiration of the Term of this Lease, without the execution by Landlord and Tenant of a new lease or earlier termination 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 without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) daily rental of 150% of the Base Rent payable per day rental provided for the final last month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far computed on the basis of a thirty (30) day month. The inclusion of the preceding sentence shall not be construed as applicableLandlord’s consent for Tenant to hold over. Should Tenant, or any of its successors in interest, hold No holding over the Premises or any part thereof 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 earlier termination prospective Tenant to whom Landlord may have leased all or part of this the Premises effective before or after the expiration of the Lease with 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 prior written consent, such holding over shall constitute direct and be construed as a tenancy from month consequential damages relating to month only, Tenant’s holdover. If any property not belonging to Landlord remains at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for Premises -after the final month expiration of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall hereby authorizes Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant; and in the event that such property is the property of someone other than Tenant, Tenant agrees to indemnify and hold Landlord harmless forfrom all suits, from and against all claimsactions, damages, including consequential damages, loss and liability, including without limitationloss, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant damages and any attorneys’ fees and costs incurred by Landlord expenses in connection with respect or incident to any removal, exercise or dominion over and/or disposition of such claimproperty by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Rave Restaurant Group, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term without the express written consent of this Lease Landlord, which consent Landlord may withhold in its sole and otherwise upon the terms and conditions in the Lease, so far as applicableabsolute discretion. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease the Term with or without the express written consent of Landlord’s prior written consent, such holding over then, in addition to all other remedies available to Landlord, Tenant shall constitute and be construed as become a tenancy from month to month tenant at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), but at a Monthly Base Rent equal to one hundred twenty-five percent (125%) of the Lease, except that Landlord may terminate Monthly Base Rent applicable to the tenancy Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on 10 days prior written notice to Tenanta per month basis without reduction for partial months during the holdover. The acceptance Acceptance by Landlord of Rent after such expiration or early earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant shall be liable, and shall pay to Landlord within ten (10) days after demand, for all losses incurred by Landlord as a renewal result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or extension relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 17.14 21.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimat law or in equity.

Appears in 1 contract

Sources: Commercial Lease (Orchard Supply Hardware Stores Corp)

Holding Over. Should Tenant, or any of its successors in interest, 8.1 Tenant shall have the unconditional right to hold over beyond the expiration of the Lease Term for a period of up to two months at the same terms and conditions, including rental rate, as in the Lease except if the Lease was in Default at the time of the expiration of the Lease. During this initial two month holdover period ("Two Month Holdover Period"), Tenant may vacate the Leased Premises or any part thereof after by giving the Landlord 30 days' notice. If ▇▇▇▇▇▇ does not immediately surrender the Leased Premises upon the expiration or earlier termination of this the Lease without Landlord’s prior written consentafter the Two Month Holdover Period, such holding over then the rent shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal increased to two hundred percent (200%) 150% of the Base Rent and 100% of other sums that would have been payable for pursuant to the final month of the Term provisions of this Lease if the Lease Term had continued during such holdover period ("Holdover Rent"). 8.2 The Holdover Rent shall be computed on a monthly basis and otherwise upon shall be payable on the terms first day of such holdover period and conditions the first day of each calendar month thereafter during such holdover period until the Leased Premises have been vacated. 8.3 After the Two Month Holdover Period, ▇▇▇▇▇▇▇▇'s acceptance of the 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. After the LeaseTwo Month Holdover Period, so far as applicable. Should TenantLandlord may, or any of in addition to its successors other remedies, elect, in interestits sole discretion, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, treat such holding over shall constitute and be construed by Tenant as a tenancy from month-to-month tenancy. 8.4 ▇▇▇▇▇▇ agreed to month onlyindemnify, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Leasedefend, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, loss and damages, including consequential damagesdirect and consequential, loss and liabilitywhich Landlord may suffer or incur in connection with claims by other parties against Landlord arising out to the holding over by ▇▇▇▇▇▇, including including, without limitation, any claim made by any succeeding tenant resulting from attorney's fees incurred in defense of ▇▇▇▇▇▇'s claims. 8.5 Except as otherwise specifically provided in the Section, all terms of this Lease shall remain in full force and effect during such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimHoldover period.

Appears in 1 contract

Sources: Lease Agreement

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises all or any part thereof of the Premises after the expiration or earlier termination of this Lease without Landlord’s prior written consentExpiration Date, then such holding over shall constitute and be construed as a tenancy at sufferance onlysufferance, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon entire Premises, subject to the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall pay monthly installments of Rent (determined on a per month basis without reduction for partial months during the tenancy on 10 days holdover) equal to 150% of the monthly installment of Rent in effect immediately prior written notice to Tenant. The acceptance such holding over for the first three (3) months of holding over, and 200% of the greater of the fair value of rent as reasonably determined by Landlord and the monthly installment of Rent after in effect immediately prior to such holding over for each subsequent month of holding over. This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of Rent by Landlord following expiration or early termination shall not result in a renewal or constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease. The foregoing provisions Lease to the contrary, any holdover by Tenant shall constitute an Event of Default on the part of Tenant under this Section 17.14 are Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in addition to and do not affect Landlord’s right the case of re-entry or any other rights an Event of Landlord hereunder or as otherwise provided Default by lawTenant. If Tenant fails to surrender remains in possession of all or any part of the Premises on after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, then Tenant shall indemnify and hold Landlord harmless for, from and against all claimsLosses (including, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant consequential damages) resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 Lease Expiration Date and any related attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 1 contract

Sources: Lease (Unusual Machines, Inc.)

Holding Over. Should This Lease and the tenancy hereby created shall cease and expire at the end of the Initial Lease Term, or, if applicable, at the expiration of any renewal period(s), without the necessity of any notice of termination from either Landlord or Tenant, and Tenant hereby waives any statutorily or any otherwise required notice to remove, quit or vacate. If Tenant holds possession of its successors in interest, hold over the Leased Premises or any part thereof after the expiration or sooner termination of this Lease for any reason, Tenant shall be deemed to be a tenant-at-will and Tenant shall pay Landlord one and one-half times the Rent (including, without limitation, base or Annual Rent, Additional Rent and any taxes or operating or maintenance costs pass-through to the Tenant under the terms of this Lease) reserved in this Lease for such period of time as Tenant remains in possession of the Leased Premises; but such payment of rent shall not create any lease arrangement whatsoever between Landlord and Tenant. During such period, Landlord shall retain all of Landlord’s rights under this Lease and shall be entitled to the benefit of any law respecting summary recovery of possession of leased premises from a tenant holding over regardless of whether or not any required statutory notice to quit, vacate or surrender has been given by Landlord. If the Leased Premises be not surrendered at the expiration or sooner termination of this Lease, then Tenant shall indemnify, defend and hold Landlord harmless against all loss, claim, expense or liability resulting from the delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant’s obligations under this Section shall survive the expiration of the Lease Term (including renewal(s)) or the earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease (Quality Systems Inc)

Holding Over. Should Tenant, or any of its successors in interest, If Tenant shall hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consentthe Term, such holding over Tenant shall constitute and be construed as tenancy at sufferance only, at a pay monthly rent Base Rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for during the final full month of the Term applicable Lease Year (exclusive of abatements, if any), in which such termination occurs together with an amount reasonably estimated by Landlord for the monthly Additional Rent payable under this Lease Lease, and shall otherwise upon be on the terms and conditions in the Lease, herein specified so far as applicableapplicable (but expressly excluding all renewal or extension rights), which amounts shall constitute Landlord’s sole damages remedy on account of such holding over, except as hereunder provided. Should Notwithstanding anything contained herein to the contrary, Landlord shall be entitled to pursue and collect actual damages from Tenant on account of a holdover by Tenant only if and to the extent (i) Landlord has leased all or some portion of the Premises to a tenant; (ii) Landlord notifies Tenant, or any in writing, of its successors in interest, hold over the existence of such lease and the date upon which Tenant must vacate the Premises such that Landlord may timely deliver the leased premises (the “Vacancy Date”); (ii) such notice is provided at least thirty (30) days prior to the Vacancy Date; and (iv) Tenant fails to vacate the Premises on or prior to the Vacancy Date and deliver the same prior to such date in the condition required by this Lease. For purposes of the preceding sentence, damages shall include lost rental income to Landlord resulting from the termination of any part thereof such lease (provided Landlord shall be obligated to use reasonable efforts to mitigate such damages). No holding over by Tenant after the expiration or earlier termination of this Lease Term shall operate to extend the Term. Any holding over with Landlord’s prior written consent, such holding over consent shall constitute and be construed as a tenancy at sufferance or from month to month onlymonth, at a monthly rent equal Landlord’s option. Any holding over without Landlord’s written consent shall entitle Landlord to two hundred percent (200%) of reenter the Base Rent payable for the final month of the Term of Premises as provided in Article 19 and to terminate this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration accordance with Article 19 or early termination shall not result its rights at law or in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimequity.

Appears in 1 contract

Sources: Industrial Lease (Williams Sonoma Inc)

Holding Over. Should Tenant, Tenant shall have no right to holdover or retain possession of any portion of its successors in interest, hold over the Premises after the expiration or any part thereof sooner termination of this Lease. If Tenant holds over after the expiration or earlier termination of this Lease without the term hereof, with the express consent of Landlord’s prior written consent, such holding over Tenant shall constitute become and be construed as tenancy only a month-to-month tenant, or without the express consent of Landlord, Tenant shall become and be only a tenant at sufferance onlysufferance. In either event, at a monthly Tenant shall pay rent during such holdover equal to two the greater of the then prevailing market rate being charged by the Landlord at the Project or (A) 120% in first three months, and (B) thereafter one hundred fifty percent (200150%) ), of the Base Basic Annual Rent payable for the final month of the Term of this Lease by Tenant immediately prior to such expiration or termination, and otherwise upon the terms terms, covenants and conditions in the Leaseherein specified, so far as applicable. Should Tenant, or Neither any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The provision hereof nor acceptance by Landlord of Rent after such expiration or early earlier termination shall not be deemed a consent to a holdover hereunder or result in a renewal of this Lease or an extension of this Leasethe term. The foregoing provisions Notwithstanding any provision to the contrary contained herein, (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the term of this Section 17.14 are Lease or upon the earlier termination hereof, the right to reenter the Premises, and the right to assert any remedy at law or in addition equity to evict Tenant and/or collect damages in connection with any such holding over, and do not affect Landlord’s right (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without Limitation, attorneys' fees incurred or suffered by Landlord by reason of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to in accordance with the provisions of this Lease; provided however, Tenant shall not be required to indemnify and hold Landlord harmless for, for any consequential damages arising from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from first three (3) months of Tenants holdover of the Premises after the expiration or sooner termination of this Lease if such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord holdover is with respect to any such claimLandlord's express written consent.

Appears in 1 contract

Sources: Office Lease (MSC Software Corp)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Lumera Corp)

Holding Over. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after expiration of the expiration or earlier termination of this Lease without Landlord’s prior written consentTerm, such holding over shall shall, at Landlord's option, constitute and be construed as tenancy at sufferance onlya month-to-month tenancy, at a monthly rent Net Rent equal to two one hundred twenty-five percent (200125%) of the Base Net Rent payable in effect immediately prior to such holding over for the final month of first two months and one hundred fifty percent (150%) thereafter, and shall otherwise be on all the Term of this Lease and otherwise upon the other terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions 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 Section 17.14 are in addition Lease or extension of the Term except as specifically set forth above. Landlord will not be entitled to and do not affect Landlord’s right consequential damages for any holding over unless ▇▇▇▇▇▇▇▇ has first delivered written notice (a “Damages Notice”) to Tenant disclosing the amount of re-entry consequential damages Landlord is likely to sustain if Tenant fails to vacate the Premises on the expiration date or any other rights later date specified in the notice (the “Mandatory Surrender Date”). Landlord may deliver a Damages Notice at any time during the last year of Landlord hereunder the Term or during any subsequent period of holding over, so long as otherwise provided by lawthe Damages Notice is delivered at least 30 days before the Mandatory Surrender Date. If Tenant ▇▇▇▇▇▇ receives a Damages Notice and subsequently fails to surrender the Premises on by the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseMandatory Surrender Date, then Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such damages arising out of Tenant's failure to surrender the Premises by Tenant the Mandatory Surrender Date, 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 Mandatory Surrender Date and any related attorneys' fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Standard Register Co)

Holding Over. Should TenantIf, or any with Landlord’s express written consent, Tenant retains possession of its successors in interest, hold over the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or any part thereof after renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease without or such other amount as Landlord may indicate, in Landlord’s prior sole and absolute discretion, in such written consent, such holding over and (iv) all other payments shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) continue under the terms of this Lease. If Tenant remains in possession of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease with except that the monthly rental shall be equal to 200% of Rent in effect during the last 30 days of the Term, and (B) 9▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇—TCR2 Therapeutics Inc.—Page 10 Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over (including consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including, without limitation, consequential damages that Landlord may incur or suffer by reason of Landlord’s prior written consent, such inability to lease the Premises or deliver occupancy to a particular tenant). No holding over by Tenant, whether with or without consent of Landlord, shall constitute operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as a tenancy from month consent for Tenant to month only, at a monthly rent equal to two hundred percent (200%) retain possession of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantPremises. The acceptance Acceptance by Landlord of Rent after such the expiration of the Term or early earlier termination of this Lease shall not result in a renewal or extension reinstatement of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Tcr2 Therapeutics Inc.)

Holding Over. Should Tenant, Tenant shall have no right to holdover or retain ------------ possession of any portion of its successors in interest, hold over the Premises after the expiration or any part thereof sooner termination of this Lease. If Tenant holds over after the expiration or earlier termination of this Lease the term hereof, with or without the express or implied consent of Landlord’s prior written consent, such holding over Tenant shall constitute become and be construed as tenancy at sufferance only, only a month to month tenant at a monthly rent Rent equal to two hundred percent the greater of (200%i) the then prevailing market rate as determined by Landlord in its sole and absolute discretion (subject to adjustments as provided in Paragraphs 2 and 3 hereof and prorated on a daily basis) or (ii) 125% of the Base Basic Annual Rent payable for the final month of the Term of this Lease by Tenant immediately prior to such expiration or termination, and otherwise upon the terms terms, covenants and conditions in the Leaseherein specified, so far as applicable. Should Tenant, or Neither any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The provision hereof nor acceptance by Landlord of Rent after such expiration or early earlier termination shall not be deemed a consent to a holdover hereunder or result in a renewal of this Lease or an extension of this Leasethe term. The foregoing provisions Notwithstanding any provision to the contrary contained herein, (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the term of this Section 17.14 are Lease or upon the earlier termination hereof, the right to reenter the Premises, and the right to assert any remedy at law or in addition equity to evict Tenant and/or collect damages in connection with any such holding over, and do not affect Landlord’s right (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to in accordance with the provisions of this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease (Keith Companies Inc)

Holding Over. Should TenantSubject to Subtenant’s rights as defined in Section 1. L herein, or any of its successors in interest, hold over Subtenant shall have no right to occupy the Premises or any part portion thereof after the expiration of this Sublease or earlier after termination of this Lease without LandlordSublease for any reason or after termination of Subtenant’s prior written consentright to possession in consequence of an Event of Default hereunder. In the event Subtenant or any person claiming by, such holding over shall constitute through or under Subtenant holds over, Sublandlord may exercise any and be construed as tenancy all remedies available to it at sufferance only, at a monthly rent equal law or in equity to two hundred percent (200%) recover possession of the Base Rent payable for the final month of the Term of this Lease Premises and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, recover damages, including consequential damages, loss and liability, including without limitation, any claim made damages payable by Sublandlord to Prime Landlord by reason of such holdover. In addition to and without limitation of the foregoing, for each and every month or partial month that Subtenant or any succeeding tenant resulting from party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Premises after the expiration of this Sublease or after termination of this Sublease or Subtenant’s right to possession, Subtenant shall pay, as minimum damages and not as a penalty, use and occupancy charges at a rate equal to one and a half (1.5) times the rate of Annual Fixed Rent and Additional Rent payable by Subtenant hereunder immediately prior to the expiration or other termination of this Sublease or of Subtenant’s right to possession. The acceptance by Sublandlord of payment of such failure damages on account of a holdover shall not be construed as creating any new tenancy or recognizing any continued right to surrender use and occupy the Premises after expiration or termination of the Term, except as a tenancy at sufferance, and acceptance of any lesser sum by Tenant and any attorneys’ fees and costs incurred by Landlord with respect Sublandlord shall not be construed to any be in satisfaction of damages for such claimholding over, but only as a payment on account. Additionally, if Subtenant remains in occupancy beyond November 30, 2022, then Subtenant shall be subject to all the obligations of the Sublandlord’s obligations under the Master Lease specifically the terms of Section 16.8.

Appears in 1 contract

Sources: Consent to Sublease (Stealth BioTherapeutics Corp)

Holding Over. Should TenantIf Tenant shall holdover after the expiration of the Term, or any of its successors in interestrenewal or extensions hereof, hold over with the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consentconsent of Landlord, such holding over tenancy shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, and not a renewal hereof; and Tenant agrees to pay monthly installments of Base Rent at a monthly rent equal to two hundred percent (200%) 120% the rate of the monthly installments of Base Rent payable due for the final last full month of the Term, and also to comply with all covenants of this Lease for the time Tenant holds over. Tenant shall be entitled to possession until Landlord has given Tenant seven (7) days notice that such month to month tenancy shall be terminated, so long as Tenant is not in default. In the event Tenant remains in possession of the Premises after the expiration of the Term, or any renewal or extensions hereof without the express written consent of Landlord, (a) Tenant shall become a tenant at sufferance upon the terms of this Lease except that Tenant shall then be obligated to pay monthly installments of Base Rent at 120% the rate of the monthly installments of Base Rent due for the last full month of the Term for so long as Landlord is kept out of this Lease possession of the Premises and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance (b) Tenant shall be responsible for all damages suffered by Landlord of Rent after such expiration resulting from or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided occasioned by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damagesholding over, including consequential damages. No such payment of Rent, loss nor the acceptance thereof after expiration of the Term or earlier termination of the Lease shall result in a renewal, extension or reinstatement of this Lease, or shall in any way constitute a waiver of the rights of Landlord to re-enter the Premises or to dispossess Tenant and liability, including without limitation, recover possession of the Premises and the just and former estate of Landlord and to bring any claim made action for damages suffered by any succeeding tenant resulting from such Landlord on account of Tenant’s failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimvacate the Premises.

Appears in 1 contract

Sources: Lease Agreement (Spacedev, Inc.)

Holding Over. Should Tenant, or any If Subtenant holds possession of its successors in interest, hold over the Premises or any part portion thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consentSublease, such holding over then Subtenant shall constitute and be construed as tenancy become a tenant at sufferance only, at a monthly rent sublease base rental rate equal to two one hundred fifty percent (200150%) of the Base Rent in effect upon the date of such expiration or termination, plus all additional rent payable for the final month by Subtenant hereunder (pro-rated on a daily basis). Acceptance by Sublandlord of the Term rent after such expiration or termination date shall not result in a renewal of this Lease Sublease and otherwise upon the terms shall not waive or modify Sublandlord’s rights to pursue any and conditions in the Lease, so far as applicableall legal remedies available to Sublandlord under applicable law with respect to such holding over by Subtenant. Should Tenant, or any of its successors in interest, hold It is acknowledged that if Subtenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease Sublease, Sublandlord may be subject to holdover rent with Landlord’s prior written consentrespect to the Premises under the Master Lease. Accordingly, such holding over shall constitute and be construed as a tenancy from month (i) Sublandlord expressly reserves the right to month only, at a monthly rent equal require Subtenant to two hundred percent (200%) surrender possession of the Base Rent payable for Premises upon the final month expiration of the Term of this Lease and otherwise or upon the terms earlier termination hereof and conditions the right to assert any remedy at law or in the Leaseequity to evict Subtenant and/or collect damages in connection with any such holding over, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance and (ii) Subtenant shall indemnify, defend and hold Sublandlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys’ fees incurred or suffered by Landlord Sublandlord by reason of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect LandlordSubtenant’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails failure to surrender the Premises on the expiration or earlier termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to Sublease in accordance with the provisions of this LeaseSublease (including, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made the cost of all rent payable by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord Sublandlord with respect to any such claimthe Premises under the Master Lease caused by or resulting from Subtenant’s holdover). Notwithstanding the foregoing, Subtenant shall be entitled to make separate arrangements with Master Landlord permitting Subtenant to remain in the Premises after expiration of the Term, provided, that, (a) Sublandlord is released from its obligation to surrender the Premises to Master Landlord under the terms of the Master Lease, and (b) the Master Lease terminates with respect to the Premises for all purposes on the Expiration Date.

Appears in 1 contract

Sources: Sublease (NGM Biopharmaceuticals Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Solta Medical Inc)

Holding Over. Should Tenant, If Tenant or any of its successors in interest, interest continues to hold over any part of the Premises after the termination of this Lease, occupancy of the Premises after the termination or any part thereof expiration shall be that of a month-to-month tenancy. Tenant’s occupancy of the Premises during the holdover shall be subject to all of the terms and conditions of this Lease, 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 Base Rent payable at the time of termination for the 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 earlier early termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) extend the Term or prevent Landlord from immediate recovery of possession of the Base Rent payable for Premises by summary proceedings or otherwise. In addition to the final month payment of the Term of this Lease and otherwise upon the terms and conditions in the Leaseamounts provided above, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that if Landlord may terminate the tenancy on 10 days prior gave written notice to Tenant that its holdover will cause Landlord to be unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to ’s holdover and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender vacate the Premises on the expiration within 10 days after Landlord notifies Tenant of this Lease and/or Landlord’s inability to remove all Tenant’s fixture and/or personal property pursuant to this Leasedeliver possession, or perform improvements, Tenant shall indemnify and hold be liable to Landlord harmless for, from and against for all claims, damages, including including, without limitation, consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting that Landlord suffers from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe holdover.

Appears in 1 contract

Sources: Office Lease (JRjr33, Inc.)

Holding Over. Should Tenant, or any ACTIVE:15557709.15 If Tenant remains in possession of its successors in interest, hold over the Premises all or any part thereof of the Premises after the expiration or earlier termination of this Lease without Landlord’s prior written consentExpiration Date, then such holding over shall constitute and be construed as a tenancy at sufferance onlysufferance, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon entire Premises, subject to the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall pay monthly installments of Rent (determined on a per month basis without reduction for partial months during the tenancy on 10 days holdover) equal to 200% of the monthly installment of Rent in effect immediately prior written notice to Tenantsuch holding over. The acceptance This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of Rent by Landlord of Rent after such following expiration or early termination shall not result in a renewal or constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease. The foregoing provisions Lease to the contrary, any holdover by Tenant shall constitute an Event of Default on the part of Tenant under this Section 17.14 are Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in addition to and do not affect Landlord’s right the case of re-entry or any other rights an Event of Landlord hereunder or as otherwise provided Default by lawTenant. If Tenant fails to surrender remains in possession of all or any part of the Premises on after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, then Tenant shall indemnify and hold Landlord harmless for, from and against all claimsLosses (including, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant consequential damages) resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 Lease Expiration Date and any related attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 1 contract

Sources: Rental Agreement

Holding Over. Should In the event Tenant remains in possession of the Leased Premises after the expiration or termination of the Lease without Landlord’s permission, Tenant shall occupy the Leased Premises as a Tenant from month-to-month, at 150% the rental provided for in this Lease as is payable at the time, but this provision shall in no way impair or prejudice Landlord's rights as specified in this Lease upon the expiration of the term or earlier termination of this Lease, nor affect or change Tenant, or any of its successors in interest, hold over the Premises or any part thereof after 's obligations under this Lease to give possession on the expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal subject to two hundred percent (200%) all other provisions and obligations of the Base Rent payable for the final Lease applicable to a month-to-month tenancy. Notwithstanding any other provision of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicableTenant agrees to give Landlord thirty (30) days advance notice of Tenant’s decision to vacate the Leased Premises at the expiration of any month-to-month tenancy. Should TenantThe parties agree that failure to give Landlord said notice would cause Landlord substantial damage, or any harm, vacancy loss, increased overhead and inconvenience. Accordingly, if Tenant fails to give said thirty (30) days advance notice, Tenant agrees to pay rent, without regard to whether Tenant is in possession of its successors in interestthe Leased Premises, hold over the Premises or any part thereof for a period of thirty (30) days after the expiration or earlier termination of this the Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights period of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimmonth-to-month tenancy.

Appears in 1 contract

Sources: Commercial Lease (Bairnco Corp /De/)

Holding Over. Should TenantAny holding over after the expiration or termination of this lease with the written consent of Landlord shall be construed to be a tenancy from month to month at 150% of the monthly rent as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month-to-month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord’s right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord’s consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a retention 1/30th of 150% of the monthly rent equal monthly rental in effect during the last month prior to two hundred percent (200%) the date of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination. Tenant shall also indemnify and hold Landlord harmless from any loss, liability and expense (including, but not limited to, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of lease, and nothing contained in this Section 17.14 are in addition to and do not affect paragraph shall waive Landlord’s right of to re-entry or any other rights of Landlord hereunder or as otherwise provided by lawright. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold be only a Tenant at sufferance, whether or not Landlord harmless foraccepts any rent from Tenant, from and against all claims, damages, including consequential damages, loss and liability, including while Tenant is holding over without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord’s written consent.

Appears in 1 contract

Sources: Industrial Lease (Airxpanders Inc)

Holding Over. Should TenantSubtenant shall not be entitled to remain in possession of the Subleased Premises after expiration or earlier termination of this Sublease; provided, or any however, Subtenant may remain in possession of its successors in interest, hold over the Subleased Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions Sublease in the Leaseevent Subtenant and Prime Landlord have agreed to a new lease between Prime Landlord, so far as applicablelandlord, and Subtenant, as tenant, to commence immediately following such expiration or termination. Should TenantIn the event Subtenant does not immediately surrender the Subleased Premises with all repairs and maintenance required to be performed by Subtenant completed, or any of its successors in interest, hold over the Premises or any part thereof after upon the expiration or earlier termination of this Lease with Landlord’s prior written consentSublease, such holding over or after reentry by Sublandlord without terminating this Sublease, Subtenant shall constitute be a tenant at sufferance and Rent shall be construed as a tenancy from month increased to month only, at a monthly rent equal to two hundred percent (200%) % of the Base Rent Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Sublease if the Term had continued during such holdover period, and Subtenant shall be responsible for the final month all damages incurred by Sublandlord as a result of the Term of this holdover, including without limitation payments and penalties to the Prime Landlord pursuant to the Prime Lease and otherwise upon all consequential damages. Such rent shall be computed 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 Subleased Premises shall have been vacated and surrendered in accordance with the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are Sublease. Sublandlord's acceptance of such rent shall not in addition to and do not any manner adversely affect Landlord’s right of re-entry or any Sublandlord's other rights and remedies, including Sublandlord's right to evict Subtenant and to recover damages. Subtenant shall have no right to notice under Official Code of Landlord hereunder or as otherwise provided by lawGeorgia Annotated Section 44-7-7 of the termination of its tenancy. If Tenant fails to surrender the Premises on The provisions of this paragraph 24 shall survive the expiration or earlier termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimSublease.

Appears in 1 contract

Sources: Sublease (Inhibitex Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over Subtenant shall have no right to occupy the Premises or ------------ any part portion thereof after the expiration of this Sublease or earlier after termination of this Lease without Landlord’s prior written consentSublease or Subtenant's right to possession in consequence of a Subtenant Event of Default. If Subtenant or any party claiming by, such holding over shall constitute through or under Subtenant holds over, Sublandlord may exercise any and be construed as tenancy all remedies available to it at sufferance only, at a monthly rent equal law or in equity to two hundred percent (200%) recover possession of the Base Rent Premises and to recover damages, including without limitation, damages payable for the final by Sublandlord to Prime Landlord by reason of such holdover. For each and every month or partial month that Subtenant or any party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration of this Sublease or earlier after termination of this Lease with Landlord’s prior written consentSublease or Subtenant's right to possession, such holding over Subtenant shall constitute pay, as minimum damages and be construed not as a tenancy from month to month onlypenalty, monthly rental at a monthly rent rate equal to two hundred percent (200%) double the rate of the Base Estimated Minimum Rent and Additional Rent payable for by Subtenant hereunder immediately prior to the final month of the Term expiration or other termination of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice Sublease or of Subtenant's right to Tenantpossession. The acceptance by Landlord Sublandlord of Rent after any lesser sum shall be construed as payment on account and not in satisfaction of damages for such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawholding over. If Tenant Subtenant fails to surrender the Premises on Subtenant Space upon the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseSublease, Tenant Subtenant shall indemnify indemnify, defend and hold Landlord harmless forSublandlord from all costs, from and against all claimsloss, damages, including consequential damages, loss and expense or liability, including without limitation, any claim claims made by Prime Landlord, claims made by any succeeding tenant resulting from such failure to surrender and real estate brokers' claims and attorneys' fees. No acceptance by Tenant and Sublandlord of any attorneys’ fees and costs incurred by Landlord with respect to Rent during or for any such claimperiod following the expiration or termination of this Sublease shall operate or be construed as an extension or renewal of this Sublease.

Appears in 1 contract

Sources: Sublease Agreement (Pitney Bowes Office Systems Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over 36.1. This Lease shall terminate on the Premises or any part thereof after Lease Expiration Date pursuant to the expiration or earlier termination terms of this Lease without the necessity of notice from either Landlord or Tenant. Any holding over by Tenant after the Lease Expiration Date without Landlord’s prior written consentconsent as provided in Section 36.2 shall be an unlawful detainer and Tenant shall be subject to immediate eviction. During such hold over, such holding over all the terms and conditions set forth in this Lease shall constitute and be construed as tenancy at sufferance onlyapply, at a monthly rent except that Tenant shall pay to Landlord Fixed Minimum Rent equal to two one hundred percent and fifty (200150%) percent of Fixed Minimum Rent in effect during the Base Rent payable for the final last month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable(“Hold Over Fee”). Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in In addition to and do not affect Landlord’s right of re-entry or any other rights of paying to Landlord hereunder or as otherwise provided by law. If the Hold Over Fee, if Tenant fails to surrender and vacate the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, Tenant shall indemnify and hold Landlord harmless for, from and against any and all claimsloss, damages, including consequential damages, loss and liability, damages and expenses (including without limitation, attorneys’ fees, the costs of investigation and settlement of any claim claims) sustained or incurred by Landlord on account of or resulting from such failure, including, without limitation, claims made by any succeeding tenant resulting of all or any part of the Premises or the loss by Landlord of the rent from any succeeding tenant of all or any part of the Premises Landlord may simultaneously collect the Hold Over Fee and pursue any and all remedies against Tenant to regain possession of the Premises and without prejudice to Landlord’s right to recover possession of the Premises, and Tenant’s payment of the Holdover Fee shall not be deemed to permit Tenant to retain possession of the Premises after the Lease Expiration Date or other termination of the Lease. 36.2. If, with the written consent of Landlord, Tenant or any party claiming by, through or under Tenant remains in possession of the Premises, or any pan thereof, after the Lease Expiration Date, Landlord shall treat such failure to surrender holding over by Tenant as the creation of a month-to-month tenancy, subject to all the terms, covenants and conditions set forth in this Lease insofar as the same are applicable to a month-to-month tenancy, except that Tenant shall pay a Fixed Minimum Rent equal to one hundred and fifty (150%) percent of the Fixed Minimum Rent in effect during the last month of the Term. Tenant shall give to Landlord at least thirty (30) days prior written notice from the first day of the month of any attorneys’ fees intention to quit said Premises, and costs incurred Tenant shall be entitled to the same thirty (30) days prior written notice to quit said Premises, except in the event of non-payment of rent in advance or of any breach of any other covenant by Landlord with respect Tenant, in which event Tenant shall not be entitled to any such claimnotice to quit, the usual thirty (30) days notice to quit being hereby expressly waived.

Appears in 1 contract

Sources: Shopping Center Lease (Carroll Bancorp, Inc.)

Holding Over. Should In no event shall there be any renewal of this Lease by operation of law, and if Tenant remains in possession of the Premises after the termination of this Lease without written authorization executed by Landlord and Tenant, but with the acquiescence or any consent of its successors in interestLandlord, hold over Tenant shall be deemed to be occupying the Premises under a month-to-month periodic tenancy at a monthly rental equal to one hundred fifty percent (150%) (with respect to the first month of holdover) or two hundred percent (200%) (with respect to each subsequent month of holdover) of the Base Rental in effect during the last month of the Lease Term, plus all Additional Rental provided for in this Lease (the “Holdover Rent”), and otherwise subject to all the covenants and provisions of this Lease insofar as the same are applicable to a tenancy-at-will. Landlord and Tenant agree that any part thereof such tenancy-at-will may be terminated by thirty (30) days prior written notice by either party to the other party. If Tenant remains in possession after the expiration or earlier termination of this Lease without Landlord’s prior written acquiescence or consent, such holding over Tenant thereupon shall constitute and be construed deemed a tenant-at-sufferance subject to summary eviction as tenancy at sufferance only, at provided by law; provided that Tenant shall be responsible for the Holdover Rent on a monthly rent equal to two hundred percent (200%) per diem basis for each day that Tenant remains in possession of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in In addition to and do not affect Landlord’s right of re-entry or without limiting any other rights and remedies which Landlord may have on account of Landlord hereunder or as otherwise provided such holding over by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, if such holding over exceeds sixty (60) days, Tenant shall indemnify and hold Landlord harmless for, from and against any and all claims, damagesdirect and consequential damages suffered by Landlord on account of such holding over by Tenant, including consequential damages, loss any damages and liability, including without limitation, any claim made claims by any succeeding tenant resulting from such failure tenants entitled to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimfuture possession.

Appears in 1 contract

Sources: Office Lease (Connecture Inc)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term without the express written consent of this Lease Landlord, which consent Landlord may withhold in its sole and otherwise upon the terms and conditions in the Lease, so far as applicableabsolute discretion. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease the Term with or without the express written consent of Landlord’s prior written consent, such holding over then, in addition to all other remedies available to Landlord, Tenant shall constitute and be construed as become a tenancy from month to month tenant at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), but at a Monthly Base Rent equal to one hundred twenty-five percent (125%) of the LeaseMonthly Base Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination, except that Landlord may terminate the tenancy plus Tenant’s Percentage. Any such holdover Rent shall be paid on 10 days prior written notice to Tenanta per diem basis. The acceptance Acceptance by Landlord of Rent after such expiration or early earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant shall be liable, and shall pay to Landlord within thirty (30) days after demand, for all losses incurred by Landlord as a renewal result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or extension relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 17.14 21.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimat law or in equity.

Appears in 1 contract

Sources: Office Lease (Inphi Corp)

Holding Over. Should Tenant, or any of its successors in interest, hold over A. If Tenant does not immediately surrender the Premises or any part thereof after upon the expiration or earlier termination of this Lease without the Lease, and holds over with Landlord’s prior 's express written consent, such holding over then Tenant shall constitute become a Tenant from month to month and it is agreed that the tenancy thus created can be construed as terminated by either party giving the other not less than thirty (30) days written notice to expire on the day of the month from which the tenancy at sufferance only, at a monthly rent commenced to run. Tenant agrees to pay Monthly Rent equal to two hundred percent (200%) the then fully escalated Base Rent, including all Additional Rent during the holdover period and to keep and fulfill all the other covenants, conditions and agreements herein, and in case of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions default in the Leasepayment of rent or breach of any said covenants, so far as applicable. Should conditions and agreements, Tenant hereby waives Tenant, or any of its successors in interest, hold over 's right to a notice to quit. B. If Tenant does not immediately surrender the Premises or any part thereof after upon the expiration or earlier termination of this Lease with the Lease, and holds over without Landlord’s prior 's express written consent, such holding over then Tenant shall constitute become a Tenant at sufferance and the rent shall be construed as a tenancy from month increased to month only, at a monthly equal the greater of (i) fair market rent equal to two hundred percent (200%) of the Base Rent payable for the final month of Premises or (ii) double the Term of this Lease then Base Rent, Additional Rent, and otherwise upon the terms and conditions in the Lease, except other sums that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property would have been payable pursuant to this LeaseLease if the Lease had continued during such holdover period. In addition, Tenant shall indemnify be liable for any and hold all damages sustained by Landlord harmless for, from as a result of Tenant's holding over. C. All amounts payable to Landlord during the holdover period shall be paid on the first day of each calendar month during the holdover period until the Premises have been vacated. Landlord's acceptance of such rent shall not in any manner adversely affect Landlord's other rights and against all claims, damages, remedies including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure Landlord's right to surrender by evict Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimrecover damages.

Appears in 1 contract

Sources: Lease Agreement (Yellow Brix Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant does not vacate the Premises or any part thereof after upon the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should (a) Tenant will indemnify Landlord against all damages, costs, liabilities and expenses, including reasonable attorneys' fees, which Landlord incurs on account of Tenant, or any of its successors in interest, hold over the Premises or any part thereof after 's failure to vacate and (b) upon the expiration or earlier termination of this Lease with Landlord’s prior written consentLease, such holding over shall constitute and be construed the Base Rent will increase as a tenancy from month follows: (i) to month only, at a monthly rent equal to two hundred percent (200%) 150% of the Base Rent payable in effect during the last month of the Term, for the final first two (2) months that Tenant has failed to vacate the Premises following the expiration or earlier termination of this Lease, and (b) to 200% of the Base Rent in effect for the last month of the Term from the third month that Tenant has failed to vacate the Premises following the expiration of this earlier termination of the Lease and otherwise upon until the terms and conditions date that Tenant vacates the Premises, and, in both cases, Tenant's obligation to pay Additional Rent will continue. Any holdover by Tenant does not constitute an extension of the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Lease or recognition by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s any right of re-entry or any other rights Tenant to remain in the Premises. Base Rent during such holdover shall be computed on a monthly basis and shall be payable on the first day of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises on have been vacated. Notwithstanding anything to the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to contrary in this Lease, under no circumstances shall Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including be liable for consequential damages, loss and liability, including without limitation, damages hereunder as a result of any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimholdover.

Appears in 1 contract

Sources: Lease (Collegium Pharmaceutical, Inc)

Holding Over. Should Tenant, or any of its successors in interestwithout Landlord’s written consent, hold over after termination of this Lease, Tenant shall become a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, [*] percent ([*]%) of the higher of market rent for the Premises or the annual Rent that was payable immediately preceding the hold-over period, prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease, together with all damages sustained by Landlord on account thereof and all other payments required to be made by Tenant hereunder. 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 until Tenant vacates the Premises) and Landlord shall have the 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 Premises as provided in this Lease upon the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawTerm. If Tenant fails to surrender the Premises on upon the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify agrees to indemnify, defend and hold harmless Landlord harmless forfrom all costs, from and against all claimsloss, damages, including consequential damages, loss and expense or liability, including without limitation, any claim claims made by any succeeding tenant resulting from such failure to surrender by Tenant and any real estate brokers’ claims and attorneys’ fees and costs incurred fees. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate * Confidential treatment requested; certain information omitted and filed separately with respect to any the SEC. or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s prior and express written approval, such claimmonth-to-month tenancy may be cancelled by either party with thirty (30) days’ prior written notice or such lesser time period as may be permitted by law.

Appears in 1 contract

Sources: Office Lease (Salix Pharmaceuticals LTD)

Holding Over. Should TenantIf Virgin holds over after the expiration of the Term of this Lease, and if the Authority does not then proceed to remove Virgin from the Facilities in the manner permitted by law (or any has not given written notice to Virgin that Virgin must vacate the Facilities) irrespective of its successors whether or not the Authority accepts Facilities Rent, Ground Rent and/or User Fees from Virgin for a period beyond the end of the Term, Virgin and the Authority agree that Virgin’s occupancy of the Facilities after the expiration of the Term will be a month-to-month tenancy at sufferance commencing on the first day after the expiration of the Term, which tenancy will be upon all of the terms set forth in interestthis Lease, hold over except that Facilities Rent and Ground Rent will be in amounts equal to one hundred fifty percent (150%) of the Premises Facilities Rent and Ground Rent in effect during the last year of the Term (i.e., the year immediately prior to the holdover period), prorated on a per diem basis for each Day that Virgin retains possession of the Facilities or any part thereof of the Facilities after the expiration or earlier termination of this Lease without Landlord’s prior and User Fees will be at the then current rates in effect during the holdover period. The Authority will not be required to perform any work, furnish any materials or make any repairs within the Facilities, or provide any Essential Services, during the holdover period. The acceptance of Facilities Rent. Ground Rent and/or User Fees paid by Virgin pursuant to this Paragraph 3.5 will not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding. The Authority will be entitled to recover from Virgin any losses or damages arising from such holdover; provided, however, that Virgin will not be liable for penalty payments, damage payments or any other amounts the Authority agrees to, and becomes obligated to pay to a successor tenant(s) for the Virgin Facilities unless the Authority provides written consent, notice to Virgin promptly upon the execution and delivery by the Authority and such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) third party of the Base Rent payable for new lease(s) and such notice includes the final month date on which the Authority is obligated to deliver possession of the Term Virgin Facilities to such third party(ies) and a description of this Lease and otherwise upon the terms and conditions in magnitude of penalties/damages the Lease, so far as applicableAuthority will be obligated to pay if it fails to deliver possession to the new third party tenant(s) on that date. Should Tenant, or any of its successors in interest, hold Holding over the Premises or any part thereof after by Virgin following the expiration or earlier termination of this Lease with Landlord’s prior written consentthe Lease, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) without the consent of the Base Rent payable for the final month of Authority, will not operate to extend or renew the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Facilities Lease

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises or any part thereof after expiration of the Term with Landlord’s express written consent, Tenant’s occupancy shall be a month-to-month tenancy at a rental rate agreed upon by Landlord and Tenant but, in no event less than the 150% of the Basic Monthly Rent and Additional Rent payable under this Lease during the last full month before the date of expiration of the Term (prorated on a daily basis) for the first two months of holding over, and a rental rate equal to 200% of the Monthly Basic Rent in effect immediately prior to expiration of the Term (prorated on a daily basis) thereafter. The month-to-month tenancy shall be on the terms and conditions of this Lease except as provided in the preceding sentence. If Tenant holds over after the expiration or earlier termination of this Lease the Term hereof without the express written consent of Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as tenancy become a tenant at sufferance only, at a monthly rent rental rate equal to two hundred percent (200%) the greater of 150% of the Base Basic Monthly Rent payable for the final month in effect immediately prior to expiration of the Term (prorated on a daily basis) for the first two months of this Lease holding over, and a rental rate equal to 200% of the Monthly Basic Rent in effect immediately prior to expiration of the Term (prorated on a daily basis) thereafter, and otherwise upon subject to the terms terms, covenants, and conditions in the Leaseherein specified, so far as applicableapplicable including, without limitation, the obligation to pay increased Additional Rent as provided herein. Should Tenant, or any Acceptance by Landlord of its successors in interest, hold over the Premises or any part thereof rent after the such expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not constitute consent to a holdover tenancy hereunder or result in a renewal or extension of this Leaserenewal. The foregoing provisions of this Section 17.14 Paragraph 24.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 24.2 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law. In addition to the foregoing, if Tenant fails to surrender the Premises to Landlord on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date in the condition required by Paragraph 24.1, Tenant shall indemnify indemnify, defend, and hold Landlord harmless for, from and against all claimsliabilities, damages, including consequential damageslosses, loss costs, expenses, attorneys’ fees, and liabilityclaims resulting from such failure, including without limitation, limitation any claim for damages made by any a succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimtenant.

Appears in 1 contract

Sources: Lease Agreement (BeautyKind Holdings, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two one hundred and fifty percent (200150%) of the Base Rent payable for the final month of the Term of this Lease fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 16.16 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease (Eden Bioscience Corp)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term without the express written consent of this Lease Landlord, which consent Landlord may withhold in its sole and otherwise upon the terms and conditions in the Lease, so far as applicableabsolute discretion. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease the Term with or without the express written consent of Landlord’s prior written consent, such holding over then, in addition to all other remedies available to Landlord, Tenant shall constitute and be construed as become a tenancy from month to month tenant at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), but at a Monthly Base Rent equal to one hundred fifty percent (150%) of the Lease, except that Landlord may terminate Monthly Base Rent applicable to the tenancy Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on 10 days prior written notice to Tenanta per month basis without reduction for partial months during the holdover. The acceptance Acceptance by Landlord of Rent after such expiration or early earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant shall be liable, and shall pay to Landlord within ten (10) days after demand, for all losses incurred by Landlord as a renewal result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord’s Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or extension relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 17.14 21.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimat law or in equity.

Appears in 1 contract

Sources: NNN Lease (Corium International, Inc.)

Holding Over. Should Tenant, or any In the event of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier other termination of this Lease without Landlordor in the event Tenant continues to occupy the Premises after the termination of Tenant’s prior written consentright of possession pursuant to Section 23.A(3) hereof, occupancy of the Premises subsequent to such holding over termination or expiration shall constitute and be construed as that of a tenancy at sufferance onlyand in no event for month-to-month or year-to-year. Tenant shall, at a monthly rent throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount equal to two one hundred twenty-five percent (200125%) of the Base Rent payable for during the final last month of the Term of this Lease and otherwise upon Term, payable on a per diem basis for the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof first thirty (30) days after the expiration or earlier termination of this the Lease with Landlord’s prior written consentTerm, such holding over shall constitute and be construed as a tenancy from month to month onlythereafter, at a monthly rent rate equal to two one hundred fifty percent (200150%) of the Base Rent payable for applicable during the final month last rental period of the Lease Term. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Lease Term shall be construed to extend the Lease Term or prevent Landlord from recovery of this Lease and immediate possession of the Premises by summary proceedings or otherwise upon the terms and conditions in the Lease, except that unless Landlord may terminate the tenancy on 10 days prior has sent written notice to TenantTenant that Landlord has elected to extend the Lease Term. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in In addition to and do not affect Landlord’s right of re-entry or the obligation to pay the amounts set forth above during any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasesuch holdover period, Tenant shall indemnify and hold also be liable to Landlord harmless for, from and against for all claims, damages, including consequential damagesincluding, loss and liability, including without limitation, any claim 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 resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred or prospective tenant against Landlord for delay by Landlord with respect in delivering possession of the Premises to such other tenant or prospective tenant. Nothing contained in this Section 27 shall be construed to imply that Tenant has the right to hold over for any such claimperiod of time without Landlord’s prior written consent.

Appears in 1 contract

Sources: Office Lease Agreement (Epicor Software Corp)

Holding Over. Should Tenant, or any If Tenant shall remain in possession of its successors in interest, hold over the Premises or any part thereof Total Site after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease without the express written consent of Landlord, Tenant will be deemed to be occupying the Total Site as a tenant-at-sufferance only subject to all covenants and otherwise upon obligations of this Lease and at a daily rental equal to $5.00 per acre that the terms Tenant has not surrendered per day, plus all other amounts of rent and conditions in all items of additional rent which are payable hereunder, during the Lease, so far as applicableperiod of any such holding over. Should Tenant, or any Acceptance by Landlord of its successors in interest, hold over the Premises or any part thereof rent after the such expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not constitute a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to renewal, and do shall not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails any property not belonging to surrender Landlord remains at the Premises on Total Site after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to the term of this Lease, Tenant hereby authorizes Landlord, without liability for compensation or damages 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 for, from any and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant Claims resulting from such Tenant's failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Total Site upon the expiration or earlier termination of the Lease.

Appears in 1 contract

Sources: Master Ground Lease

Holding Over. Should TenantIf after expiration of the Term, or any Tenant remains in possession of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentpermission (express or implied), such holding over Tenant shall constitute and be construed as become a tenancy tenant from month to month only, at a upon all the provisions of this Lease (except as to Term and Base Rent), but the installments of monthly rent equal Base Rent payable by Tenant shall be increased to two one hundred twenty-five percent (200125%) of the installments of monthly Base Rent payable for by Tenant at the final month expiration of the Term Term. Such Base Rent shall be payable in advance on or before the first day of this Lease and otherwise each month. If either party desires to terminate such month to month tenancy, it shall give the other party not less than thirty (30) days advance written notice of the date of termination. 18. SURRENDER OF PREMISES 18.1 Tenant shall peaceably surrender the Premises to Landlord upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result of the Term, in a renewal broom-clean condition and in the condition Tenant is required to keep the Premises hereunder, except for (i) reasonable wear and tear, (ii) loss by fire or extension of this Leaseother casualty and (iii) loss by condemnation. The foregoing provisions of this Section 17.14 are in addition to and do not affect Tenant shall, on Landlord’s right of re-entry request, remove Tenant’s personal property on or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on before the expiration of the Term and promptly repair all damage to the Project, Building or Premises caused by such removal. 18.2 If Tenant abandons (within the meaning of Section 27.1(a)) or surrenders the Premises, or is dispossessed by process of law, any of Tenant’s Property left on the Premises shall be deemed to be abandoned, and at Landlord’s option, title shall pass to Landlord under this Lease and/or as by a ▇▇▇▇ of sale. If Landlord elects to remove all or any part of such Tenant’s fixture and/or personal property pursuant Property, the reasonable cost of removal, including repairing any damage to this Leasethe Premises or Building caused by such removal shall be paid by Tenant, excluding any such damage caused by the negligence or intentional misconduct of Landlord, its agents, contractor or employees. Upon the expiration or early termination of the Term, Tenant shall indemnify and hold Landlord harmless for, from and against surrender all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure keys to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Premises.

Appears in 1 contract

Sources: Office Building Lease

Holding Over. Should Tenant, or any of its successors in interest, hold over Subtenant shall have no right to holdover. If Subtenant does not surrender and vacate the Premises or any part thereof after Subleased Space at the expiration of the Term or earlier termination of this Lease without Landlord’s prior written consentSublease, such holding over Subtenant shall constitute and be construed as tenancy a tenant at sufferance only, and Rent shall be at a monthly rent equal to two hundred percent (200%) the daily rate of 150% of the monthly Base Rent payable for the final month initial 60 days, and thereafter the daily rate of 200% of the Term monthly Base Rent, plus, all other Additional Rent and other charges payable hereunder. In connection with the foregoing, Sublandlord and Subtenant agree that the reasonable rental value of this Lease and otherwise upon the terms and conditions in Subleased Space following the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration Termination Date or earlier termination of the Sublease shall be the amounts set forth above. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to ascertain the reasonable rental value of the Subleased Space and that the reasonable rental value established in this Lease with LandlordSection 20.8 is a reasonable estimate of the damage that Sublandlord would suffer as the result of Subtenant’s prior written consent, such holding over shall constitute and be construed failure to timely surrender possession of the Subleased Space. The parties acknowledge that the liquidated damages established herein is not intended as a tenancy from month to month onlyforfeiture or penalty. Notwithstanding the foregoing, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any all other rights and remedies on the part of Landlord hereunder or as otherwise provided by law. If Tenant Sublandlord if Subtenant fails to surrender the Premises on Subleased Space upon the termination or expiration of this Lease and/or Sublease, in addition to remove all Tenant’s fixture and/or personal property pursuant any other liabilities to this LeaseSublandlord accruing therefrom, Tenant Subtenant shall indemnify indemnify, defend and hold Landlord Sublandlord harmless for, from and against all actual claims, damagesliabilities, losses and expenses, including consequential damagesreasonable attorney’s fees and costs, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimfailure.

Appears in 1 contract

Sources: Sublease Agreement (Frequency Therapeutics, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseSection 9.1 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Planar Systems Inc)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof Property after the expiration or earlier termination of this Lease the Term without the express written consent of Landlord’s prior written consent, such holding which consent Landlord may withhold in its sole and absolute discretion. In the event Tenant shall hold over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) or remain in possession of the Base Rent payable for Property or the final month Improvements with the consent of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof Landlord after the expiration or earlier termination of this Lease with the Term then, in addition to all other remedies available to Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as become a tenancy from month to month tenant at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), but at a monthly Base Rent equal to one hundred twenty-five percent (125%) of the Lease, except that Landlord may terminate monthly Base Rent applicable to the tenancy Property immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on 10 days prior written notice to Tenanta per month basis without reduction for partial months during the holdover. The acceptance Acceptance by Landlord of Rent after such expiration or early earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This Section 20.7 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant shall be liable, and shall pay to Landlord within ten (10) days after demand, for all losses incurred by Landlord as a renewal result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or extension relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 17.14 20.7 are in addition to to, and do not affect Landlordaffect, ▇▇▇▇▇▇▇▇’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimat law or in equity.

Appears in 1 contract

Sources: Lease Agreement

Holding Over. Should This Lease and the tenancy hereby created shall cease and expire at the end of the Initial Lease Term, or, if applicable, at the expiration of any renewal period(s), without the necessity of any notice of termination from either Landlord or Tenant, and Tenant hereby waives any statutorily or any otherwise required notice to remove, quit or vacate. If Tenant holds possession of its successors in interest, hold over the Leased Premises or any part thereof after the expiration or sooner termination of this Lease for any reason, Tenant shall be deemed to be a tenant-at-will and Tenant shall pay Landlord 150% of the Rent (including, without limitation, base or Annual Rent, Additional Rent and any taxes or operating or maintenance costs pass-through to the Tenant under the terms of this Lease) reserved in this Lease for such period of time as Tenant remains in possession of the Leased Premises; but such payment of rent shall not create any lease arrangement whatsoever between Landlord and Tenant. During such period, Landlord shall retain all of Landlord's rights under this Lease and shall be entitled to the benefit of any law respecting summary recovery of possession of leased premises from a tenant holding over regardless of whether or not any required statutory notice to quit, vacate or surrender has been given by Landlord. If the Leased Premises be not surrendered at the expiration or sooner termination of this Lease, then Tenant shall indemnify, defend and hold Landlord harmless against all loss, claim, expense or liability resulting from the delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Section shall survive the expiration of the Lease Term (including renewal(s)) or the earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Office Lease (Carrollton Bancorp)

Holding Over. Should If Tenant shall retain possession of the Premises or any portion thereof without Landlord's consent following the expiration of the Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention double he amount of the daily rental as of the last month prior to the date of expiration or termination. Tenant shall also indemnity defend, protect and hold Landlord harmless from any loss, liability or cost, including reasonable attorney's fees, resulting from delay by Tenant in surrendering ▇▇▇ ▇▇emises, including, within limitation, any claims made by the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease, and nothing container in this Paragraph 25 shall waive Landlord's right of re-entry or nay other right. Unless landlord consents in writing to Tenant's holding over. ▇▇▇▇▇t shall be only a Tenant at sufferance, whether or not Landlord accepts any 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 its successors the Tenant obligations as set forth in interestthis Lease, hold over then Landlord 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 occupant of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly lost rent equal which landlord will suffer due to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions delay in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over making the Premises available for alterations and/or occupancy by the next tenant or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimoccupant.

Appears in 1 contract

Sources: Master Lessor's Consent to Sublease (Spectrian Corp /Ca/)

Holding Over. Should TenantIf, or any with Landlord’s express written consent, Tenant retains possession of its successors in interest, hold over the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or any part thereof after renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease without or such other amount as Landlord may indicate, in Landlord’s prior written consentsole and absolute discretion, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) but not more than 150% of the Base Rent payable due for the final last month of the Term Term, in such written consent, and (iv) all other payments shall continue under the terms of this Lease and otherwise upon the terms and conditions Lease. If Tenant remains in the Lease, so far as applicable. Should Tenant, or any possession of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease with Landlord’s prior written consentLease, such holding over including the obligation to pay 100% of all Additional Rent due under this Lease, except that the monthly Base Rent shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) 150% of the Base Rent payable in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 13 from or occasioned by ▇▇▇▇▇▇’s holding over, including consequential damages; provided that, unless Landlord gave written notice to Tenant at least 30 days before the final month expiration of the Term that a subsequent tenant would be leasing the Premises or any part thereof and that Landlord reasonably anticipates holding over, even for less than 30 days, is reasonably likely to impact Landlord’s delivery schedule to such new tenant, Tenant shall be responsible for consequential damages only once ▇▇▇▇▇▇’s holding over exceeds 30 days. No holding over by ▇▇▇▇▇▇, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and otherwise upon this Section 8 shall not be construed as consent for Tenant to retain possession of the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantPremises. The acceptance Acceptance by Landlord of Rent after such the expiration of the Term or early earlier termination of this Lease shall not result in a renewal or extension reinstatement of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Kymera Therapeutics, Inc.)

Holding Over. Should Tenant, or any of its successors The Tenant shall have no right to remain in interest, hold over the Premises or any part thereof possession after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawTermination Date. If the Tenant fails to surrender shall occupy the Demised Premises on after the expiration of this Lease and/or with the consent of the Landlord (which consent shall be the obligation of Tenant to remove all obtain in writing prior to the Termination Date and which consent Landlord shall be under no obligation to give), and rent is accepted and collected from said Tenant’s fixture and/or personal property pursuant , such occupancy and payment shall be construed as an extension of this Lease for a term of month-to-month only, from the date of such expiration. In such event, if either Landlord or Tenant desires to terminate said occupancy at the end of any month after the termination of this Lease, the party so desiring to terminate the same shall give the other party thirty (30) days written notice to that effect. If such occupancy continues after the aforesaid notice of termination, or if Tenant shall indemnify and hold Landlord harmless forcontinue its occupancy after the Termination Date without obtaining Landlord’s written consent, from and against all claimsTenant shall pay to Landlord, as partial damages, including consequential damagesdouble the amount of both fixed annual rental (at the rate which was last in effect for the term) and all additional rent for the time, loss on a per diem basis, together with all costs, expenses and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs damages incurred by Landlord and its agents to obtain possession from Tenant. Furthermore, if such occupancy continues after the aforesaid notice of termination, or if Tenant shall continue its occupancy after the Termination Date without obtaining Landlord’s written consent, Tenant shall be liable to Landlord for any loss of rents and/or liability sustained by Landlord or its agents in connection with respect any subsequent tenancy which may have intended to any such claimoccupy said Demised Premises at the expiration of the term herein. The acceptance of rent and/or additional rent by Landlord shall not be deemed to create a new or additional tenancy other than aforesaid.

Appears in 1 contract

Sources: Lease (Yardville National Bancorp)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises or any part thereof of the Property after the expiration or earlier termination of this Lease without the Term with Landlord’s prior written consent, Tenant shall be only a tenant at will and the monthly installments of Minimum Rent payable during such holding over holdover period shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred ten percent (200110%) of the Base monthly installments of Minimum Rent payable for immediately preceding such expiration, and all Additional Rent and other sums payable under this Lease shall continue to be due and payable. If Tenant remains in possession of any part of the final month Property after the expiration of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with without Landlord’s prior written consent, Tenant shall be only a tenant at sufferance and the monthly installments of Minimum Rent payable during such holding over holdover period shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base monthly installments of Minimum Rent payable for immediately preceding such expiration, and all Additional Rent and other sums payable under this Lease shall continue to be due and payable. The acceptance of any rent or other payments from Tenant with respect to any holdover period shall not serve to extend the final month Term or waive any rights of Landlord, but Landlord may at any time refuse to accept rent or other payments from Tenant, and may re-enter the Property, evict Tenant and all parties then in occupancy or possession, take possession of the Property, and if permitted under applicable law, change the locks on the doors of the Building without making keys to the changed locks available to Tenant. If Tenant remains in possession of any part of the Property after the expiration of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect without Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasewritten consent, Tenant shall indemnify and hold Landlord harmless foragainst any loss, from and against all claims, damages, including consequential damages, loss and liability, damage, cost, or expense (including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any reasonable attorneys’ fees and costs incurred by Landlord with respect of litigation), or any claim therefore, related to Tenant’s holding over, including liabilities to any such claimperson to whom Landlord may have leased any part of the Property.

Appears in 1 contract

Sources: Lease Agreement (Emdeon Inc.)

Holding Over. Should TenantIf after expiration of the Term, or any Tenant remains in possession of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentpermission (express or implied), such holding over Tenant shall constitute and be construed as become a tenancy tenant from month to month only, at a monthly rent equal upon all the provisions of this Lease (except as to two term and Base Rent), but the “Monthly Installments of Base Rent” payable by Tenant shall be increased to one hundred twenty-five percent (200125 %) of the Monthly Installments of Base Rent payable for by Tenant at the final month expiration of the Term Term. Such monthly rent shall be payable in advance on or before the first day of this Lease and otherwise upon each month. If either party desires to terminate such month to month tenancy, it shall give the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 other party not less than thirty (30) days prior advance written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination the date of termination. a. Tenant shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to peaceably surrender the Premises to Landlord on the expiration Expiration Date, in broom-clean condition and in as good condition as when Tenant took possession, except for (i) reasonable wear and tear, (ii) loss by fire or other casualty and (iii) loss by condemnation. Tenant shall, on Landlord’s request, remove Tenant’s Property on or before the Expiration Date and promptly repair all damage to the Premises or Building caused by such removal. b. If Tenant abandons or surrenders the Premises, or is dispossessed by process of law or otherwise, any of Tenant’s Property left on the Premises shall be deemed to be abandoned, and at Landlord’s option, title shall pass to Landlord under this Lease and/or as by a ▇▇▇▇ of sale. If Landlord elects to remove all or any part of such Tenant’s fixture and/or personal property pursuant Property, the cost of removal, including repairing any damage to this Leasethe Premises or Building caused by such removal shall be paid by Tenant. On the Expiration Date, Tenant shall indemnify and hold Landlord harmless forsurrender all keys to the Premises. Lease: Lake Union Building LLC/Mathsoft, from and against all claimsInc. May 18, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.1999

Appears in 1 contract

Sources: Office Building Lease (Insightful Corp)

Holding Over. Should Tenant, or any of its successors in interest, hold Any holding over the Premises or any part thereof by Tenant after the expiration or earlier other termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon shall not constitute a renewal or extension of the terms and conditions Lease or give Tenant any rights in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over to the Premises or any part thereof except as expressly provided in this Lease. Any holding over after the expiration or earlier other termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon shall be construed to be a tenancy from month to month, on the same terms and conditions herein specified insofar as applicable except that the monthly Basic Rent shall be increased to an amount equal to one hundred seventy-five percent (175%) of the monthly Basic Rent required during the last month of the Term (“Hold Over Basic Rent”); provided, however, that the monthly Rent shall be prorated based on the actual number of days in the Lease, except that Landlord may terminate month for any partial month of the tenancy on 10 days prior written notice to Tenantholding over. The acceptance Holding over conduct within the meaning of the Lease and this Paragraph 30 shall also include the failure by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration Termination Date in the physical condition described in Paragraphs 5 (Acceptance and Surrender of Premises), 7 (Alterations and Additions) and 10 (Tenant Maintenance) for which conduct Tenant shall be subject to the Hold Over Basic Rent under this Lease and/or Paragraph until the Premises is restored to remove all Tenant’s fixture and/or personal property the condition required under this Lease. If Tenant is responsible for paying to Landlord the cost of the restoration work pursuant to this LeaseParagraph 5 (Acceptance and Surrender of Premises) in lieu of Tenant completing said restoration, Tenant shall indemnify and hold be liable to Landlord, at the Basic Rent rate for the last month of the Term, for the estimated time it would take to complete said restoration, regardless of whether or not Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from elects to make such failure restoration to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Premises.

Appears in 1 contract

Sources: Lease Agreement (WaferGen Bio-Systems, Inc.)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises or any part thereof of the Building after the expiration or earlier termination of the Term of this Lease with Landlord’s written consent, Tenant shall be only a tenant at will and the monthly installments of Minimum Rent payable during such holdover period shall be one hundred ten percent (110%) of the monthly installments of Minimum Rent payable immediately preceding such expiration, and all Additional Rent and other sums payable under this Lease shall continue to be due and payable. If Tenant remains in possession of any part of the Building after the expiration of the Term of this Lease without Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as tenancy only a tenant at sufferance only, at a and the monthly rent equal to two installments of Minimum Rent payable during such holdover period shall be one hundred fifty percent (200150%) of the Base monthly installments of Minimum Rent payable for immediately preceding such expiration, and all Additional Rent and other sums payable under this Lease shall continue to be due and payable. The acceptance of any rent or other payments from Tenant with respect to any holdover period shall not serve to extend the final month Term or waive any rights of Landlord, but Landlord may at any time refuse to accept rent or other payments from Tenant, and may re-enter the Building, evict Tenant and all parties then in occupancy or possession, take possession of the Building, and if permitted under applicable law, change the locks on the doors of the Building without making keys to the changed locks available to Tenant. If Tenant remains in possession of any part of the Building after the expiration of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with without Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless foragainst any loss, from and against all claims, damages, including consequential damages, loss and liability, damage, cost, or expense (including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any reasonable attorneys’ fees and costs incurred by Landlord with respect of litigation), or any claim therefore, related to Tenant’s holding over, including liabilities to any such claimperson to whom Landlord may have leased any part of the Building.

Appears in 1 contract

Sources: Lease Agreement (Emdeon Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold Any holding over the Premises or any part thereof by Subtenant after the expiration or earlier termination of the term of this Lease without Landlord’s prior written consent, such holding over Sublease shall constitute and be construed treated as a daily tenancy at sufferance only, at a monthly rent rate equal to two hundred percent one and one-half (200%1 ½) of times the Base Rent payable for the final month of the Term of this Lease rent plus additional rent and other charges herein provided (prorated on a daily basis) and shall otherwise upon be on the terms and conditions set forth in the Lease, so this Sublease as far as applicable. Should TenantIn addition, or 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 successors in interest, hold over personal property from the Premises (if and as required by this Sublease) within 2 days after the termination of this Sublease 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 addition, if Subtenant fails to remove Subtenant’s property within 30 days after written notice, Sublandlord may deem all or any part thereof after the expiration or earlier termination of this Lease with LandlordSubtenant’s prior written consentproperty to be abandoned, such holding over and title to Subtenant’s property shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions deemed automatically vested in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimSublandlord.

Appears in 1 contract

Sources: Sublease (Achillion Pharmaceuticals Inc)

Holding Over. 25.1 Should Tenant hold possession hereunder after the Expiration Date without the express written consent of Landlord, Tenant shall be deemed a tenant at sufferance, permitting Landlord to exercise all or any rights and remedies available to Landlord hereunder or at law or in equity. Should Tenant hold possession hereunder after the Expiration Date with the express written consent of Landlord, Tenant shall be deemed a tenant on a month-to-month basis upon all the terms, covenants and conditions herein specified unless and only unless a different basis is expressly set forth in the consent. 25.2 In the event that Tenant, or any without the consent of its successors in interestLandlord, shall hold over the Premises or any part thereof expiration of the Term, then Tenant hereby waives all notice to quit and agrees to pay to Landlord for the period that Tenant is in possession after the expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal which is three times the total rent (Monthly Rent, as stipulated in Section 1.7, plus additional rent) applicable to two hundred percent (200%) of the Base Rent payable for the final last month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions Tenant expressly agrees to hold Landlord harmless from all loss and damages, direct and consequential, which Landlord may suffer in defense of this Section 17.14 are claims by other parties against Landlord arising out of the holding over by Tenant, including without limitation attorneys' fees which may be incurred by Landlord in addition defense of such claims. Acceptance of rent by Landlord subsequent to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of the term of this Lease and/or shall not constitute consent to remove any holding over. Landlord shall have the right to apply all Tenant’s fixture and/or personal property pursuant payments received after the Expiration Date or any renewal of this Lease toward payment for use and occupancy of the Premises subsequent to this Leasethe expiration of the Term and toward any other sums owed by Tenant to Landlord. Landlord, Tenant shall indemnify at its option, may forthwith re-enter and hold Landlord harmless fortake possession of the Premises without process, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made or by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimlegal process in force.

Appears in 1 contract

Sources: Office Lease Agreement (Ip Voice Com Inc)

Holding Over. Should Tenant, or any Subtenant shall surrender possession of its successors in interest, hold over the Premises or any part thereof after immediately upon the expiration of the Sublease term or earlier termination of this Lease Sublease in accordance with all of the terms of the Master Lease. If Subtenant shall continue to occupy or possess the Premises after such expiration or termination without Landlord’s prior written consentthe consent of Sublandlord, then unless Sublandlord and Subtenant have otherwise agreed in writing, Subtenant shall be a tenant at sufferance and not a tenant from month-to-month. All the terms, provisions and conditions of this Sublease shall apply to such holding over shall constitute and be construed as tenancy at sufferance onlyexcept those terms, at a provisions and conditions pertaining to the Sublease term, provided that the monthly rent equal Base Rent shall be immediately adjusted upward upon the expiration or termination of this Sublease to two one hundred fifty percent (200150%) of the monthly Base Rent payable for the final Premises in effect under this Sublease during the month that includes the day immediately prior to the date of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease Sublease. Further, Subtenant shall indemnify, protect, defend with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month counsel reasonably acceptable to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify Sublandlord and hold Landlord harmless for, Sublandlord from and against any and all claims, liabilities, judgments, causes of action, damages, losses, costs and expenses (including consequential damages, loss reasonable attorneys' fees and liability, including without limitation, any claim made experts' fees) caused by any succeeding tenant resulting from such or arising in connection with Subtenant's failure to surrender possession of the Premises to Sublandlord upon expiration of the Sublease term and in the manner required by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Master Lease.

Appears in 1 contract

Sources: Sublease (Verilink Corp)

Holding Over. Should Unless Landlord expressly consents in writing to Tenant's holding over, Tenant shall be unlawfully and illegally in possession of the Premises, whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of its successors in interest, hold over the Premises without Landlord's written consent. If Tenant shall retain possession of the Premises or any part portion thereof after without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention 150% 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 any loss, liability or cost, 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 the succeeding tenant founded on such delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) or following demand by Landlord for possession of the Base Rent payable for the final month of the Term Premises, shall not constitute a renewal of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any of its successors in interestother right. Additionally, hold over the Premises or any part thereof after the if upon expiration or earlier termination of this Lease Lease, or following demand by Landlord for possession of the Premises, Tenant has not fulfilled its obligation with Landlord’s prior written consentrespect 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 shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term terms of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantParagraph 25 shall apply. The acceptance by Landlord provisions of Rent after such this Paragraph 25 shall survive any expiration or early earlier termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Amendment (Multilink Technology Corp)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises all or any part thereof of the Premises after the expiration or earlier termination of this Lease without Landlord’s prior written consentExpiration Date, then such holding over shall constitute and be construed as a tenancy at sufferance onlysufferance, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon entire Premises, subject to the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall pay monthly installments of Rent (determined on a per month basis without reduction for partial months during the tenancy on 10 days holdover) equal to 150% of the monthly installment of Rent in effect immediately prior written notice to Tenantsuch holding over. The acceptance This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of Rent by Landlord of Rent after such following expiration or early termination shall not result in a renewal or constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease. The foregoing provisions Lease to the contrary, any holdover by Tenant shall constitute an Event of Default on the part of Tenant under this Section 17.14 are Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in addition to and do not affect Landlord’s right the case of re-entry or any other rights an Event of Landlord hereunder or as otherwise provided Default by lawTenant. If Tenant fails to surrender remains in possession of all or any part of the Premises on after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, then Tenant shall indemnify and hold Landlord harmless for, from and against all claimsLosses (including, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant consequential damages) resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 Lease Expiration Date and any related attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 1 contract

Sources: Lease (Repro Med Systems Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over (a) Subtenant has no right to occupy the Sublease Premises or any part portion thereof after the Expiration Date or after the termination of this Sublease or of Subtenant’s right to possession hereunder. In the event Subtenant or any party claiming by, through or under Subtenant holds over (which shall include failure to complete the decommissioning process required under this Sublease by expiration or earlier termination of this Lease without Landlord’s prior written consentSublease), such holding over shall constitute Sublandlord may exercise any and be construed as tenancy all remedies available to it at sufferance only, at a monthly rent equal law or in equity to two hundred percent (200%) recover possession of the Base Rent payable for the final month of the Term of this Lease Sublease Premises, and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, recover damages, including consequential damages, loss and liability, including without limitation, all direct, indirect, consequential and liquidated damages payable by Sublandlord to Master Landlord by reason of such holdover. (b) Without limiting Sublandlord’s rights under this Section 17(b), and in addition to Sublandlord’s rights thereunder and at law or in equity, for each and every month or partial month that Subtenant or any claim made party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Sublease Premises after the Expiration Date or after the earlier termination of this Sublease or of Subtenant’s right to possession without Sublandlord’s written consent (which Sublandlord has no obligation to give), Subtenant shall pay, as minimum damages and not as a penalty, monthly rental at a rate equal to 150% the rate of Rent payable by Subtenant hereunder immediately prior to the Expiration Date or the earlier termination of this Sublease or of Subtenant’s right to possession. The acceptance by Sublandlord of any succeeding tenant resulting from lesser sum shall be construed as payment on account and not in satisfaction of damages for such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimholding over.

Appears in 1 contract

Sources: Sublease (Dendreon Corp)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term without the express written consent of this Lease Landlord, which consent Landlord may withhold in its sole and otherwise upon the terms and conditions in the Lease, so far as applicableabsolute discretion. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease the Term with or without the express written consent of Landlord’s prior written consent, such holding over then, in addition to all other remedies available to Landlord, Tenant shall constitute and be construed as become a tenancy from month to month tenant at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), but at a Monthly Base Rent equal to one hundred fifty percent (150%) of the Lease, except that Landlord may terminate Monthly Base Rent applicable to the tenancy Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on 10 days prior written notice to Tenanta per month basis without reduction for partial months during the holdover. The acceptance Acceptance by Landlord of Rent after such expiration or early earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This Section 21.2 shall not be construed to create any express or implied right to holdover beyond the expiration of the Term or any extension thereof. Tenant shall be liable, and shall pay to Landlord within ten (10) days of demand, for all losses incurred by Landlord as a renewal result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys’ fees and costs) arising from or extension relating to any such holdover tenancy, including without limitation, any claim for damages made by a succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this Section 17.14 21.2 are in addition to to, and do not affect affect, Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimat law or in equity.

Appears in 1 contract

Sources: Multi Tenant Office Lease (Trulia, Inc.)

Holding Over. Should Tenant, or If Tenant holds over for any of its successors in interest, hold over the Premises or any part thereof period after the expiration Expiration Date (or earlier termination of this Lease without Landlord’s prior written consentthe Term), such holding over tenancy shall constitute and be construed as a tenancy at sufferance only, at a monthly rent equal only and possession shall be subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term terms of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 monthly rental shall be 200% of the total monthly rental for the month immediately preceding the date of termination, except that during the first 60 days prior written notice of such holdover, the monthly rental shall be 150% of Rent for the month immediately preceding the date of termination. After the initial 60 days of such holdover, the monthly rental shall be increased to Tenant200% of the total monthly Rent for the month immediately preceding the date of termination. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to vacate the Premises within 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, and 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 in a renewal of ▇▇▇▇▇▇’s holdover, then Tenant shall be liable for all damages that Landlord suffers from the holdover. Tenant shall also indemnify and hold Landlord harmless from all loss or extension of this Leaseliability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 15.1 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Sources: Lease (Connect Biopharma Holdings LTD)

Holding Over. Should Tenant, or any of its successors in interestwithout Landlord's written consent, hold over after termination of this Lease, Tenant shall become a tenant from month-to-month, only upon each and all of the terms herein provided as may be applicable to a month-to-month tenancy and any such holding over shall not constitute an extension of this Lease. During such holding over, Tenant shall pay in advance, monthly, rent at one hundred fifty percent (150%) of the rate in effect for the last month of the Term of this Lease, in addition to, and not in lieu of, all other payments (other than Basic Rental) required to be made by Tenant hereunder including but not limited to Tenant's Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises or any part thereof after 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 earlier termination of this Lease the Term. If, without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify agrees to indemnify, defend and hold Landlord harmless forfrom all costs, from and against all claimsloss, damages, including consequential damages, loss and expense or liability, including without limitation, any claim claims made by any succeeding tenant resulting and real estate brokers claims and attorney's fees. PERSONAL PROPERTY TAXES Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenants trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord its share of such taxes within thirty (30) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time of paying Basic Rental any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be imposed on or on account of letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from such failure time to surrender time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimunder this Article 6 shall not be included in the computation of "Tax Costs."

Appears in 1 contract

Sources: Master Lease (Inetvisionz Com Inc)

Holding Over. Should Any holding over after the expiration or ------------ termination of this lease (with the written consent of Landlord delivered to Tenant) shall be construed to be a tenancy from month to month at the monthly rent, as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month to month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord's right of re-entry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two retention one hundred fifty percent (200150%) of the Base Rent payable for the final month amount of the Term of this Lease and otherwise upon daily rental in effect during the terms and conditions in last month prior to the Lease, so far as applicable. Should Tenant, date or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the Premises including without limitation, any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of lease, and nothing contained in this Section 17.14 are in addition to and do not affect paragraph shall waive Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawright. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold be only a Tenant at sufferance, whether or not Landlord harmless foraccepts any rent from Tenant, from and against all claims, damages, including consequential damages, loss and liability, including while Tenant is holding over without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord's written consent.

Appears in 1 contract

Sources: Sublease (Ebay Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over Subtenant shall have no right to holdover. If Subtenant does not 12 surrender and vacate the Premises or any part thereof after at the expiration or earlier termination of this Lease without Landlord’s prior written consentSublease, such holding over Subtenant shall constitute be a tenant at sufferance, or at the sole election of Sublandlord, a month to month tenancy, and the parties agree in either case that the reasonable rental value, if at sufferance, or the Rent if a month to month tenancy shall be construed as tenancy Rent at sufferance only, at a the greater of (1) the monthly rent equal to two rate of one hundred fifty percent (200150%) of the Base Rent payable for set forth in Section 4, or (2) the final month rate of any and all Rent due to Master Landlord from Sublandlord under the holdover provisions of the Term of this Lease and otherwise upon the terms and conditions in the Master Lease, so far as applicableincluding, but not limited to, Operating Expenses and Real Property Taxes due and payable during such holdover period of time. Should TenantIn connection with the foregoing, or any Sublandlord and Subtenant agree that the reasonable rental value of its successors in interest, hold over the Premises or any part thereof after following the expiration or earlier termination of this Lease with Landlord’s prior written consentthe Sublease shall be the amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, such holding over shall constitute under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to ascertain the reasonable rental value of the Premises on the Expiration Date and be construed that the reasonable rental value established herein is a reasonable estimate of the damage that Sublandlord would suffer as the result of the failure of Subtenant to timely surrender possession of the Premises. The parties acknowledge that the liquidated damages established herein is not intended as a tenancy from month forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to month onlyconstitute liquidated damages to Sublandlord pursuant to California Civil Code sections 1671, at a monthly rent equal to two hundred percent (200%) of 1676, and 1677. Notwithstanding the Base Rent payable for the final month of the Term of this Lease foregoing, and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any all other rights and remedies on the part of Landlord hereunder or as otherwise provided by law. If Tenant Sublandlord if Subtenant fails to surrender the Premises on upon the termination or expiration of this Lease and/or Sublease, in addition to remove all Tenant’s fixture and/or personal property pursuant any other liabilities to this LeaseSublandlord accruing therefrom, Tenant Subtenant shall indemnify indemnify, defend and hold Landlord Sublandlord harmless forfrom all Claims resulting from such failure, from and against all claimsincluding, damages, including consequential damages, loss and liability, including without limitation, any claim made Claims by any succeeding tenant resulting from third parties based on such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect lost profits to any such claimSublandlord resulting therefrom.

Appears in 1 contract

Sources: Sublease Agreement (Sumo Logic, Inc.)

Holding Over. Should Tenant shall promptly vacate the Residence and remove all of Tenant, or any ’s goods and property therefrom and shall not remain in possession of its successors in interest, hold over the Premises or any part thereof Residence after the expiration or earlier termination of this Lease, whether such termination occurs by lapse of time or otherwise. At the expiration of the Lease without Term, Landlord shall have the right to remove Tenant and Tenant’s possessions from the Residence and change the locks and take such other steps as Landlord finds appropriate to regain possession of the Residence. If Tenant holds over and fails to move out on or before the date and time required under this Lease, and Landlord elects, in Landlord’s prior 's sole discretion, by delivery of written consentnotice thereof, to permit Tenant as a “tenant at will”, the Rent for the holdover period shall be $100.00 per day, together with Rent due hereunder in monthly installments, until occupancy is redelivered to Landlord and Tenant shall, and does hereby, indemnify Landlord for any damages or liabilities incurred due to such holding over holdover. Holdover rents shall constitute and be immediately due on a daily basis in advance. Nothing contained herein shall be construed as tenancy at sufferance onlyconsent by Landlord to permit Tenant to holdover. In Landlord’s sole discretion, at a monthly rent equal and without limiting any other remedies available to two hundred percent (200%) of Landlord, Landlord may offset the Base Rent payable daily rental for the final month holdover period from the Security Deposit of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails holds over without Landlord's consent, Landlord may bring an action for possession and if the Tenant's holdover is willful and not in good faith, Landlord may also recover an amount equal to surrender not more than three (3) months' Rent or the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leaseactual damages sustained by Landlord, Tenant shall indemnify whichever is greater, and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimreasonable attorney's fees.

Appears in 1 contract

Sources: Rental Agreement

Holding Over. Should Tenant, or any of its successors in interestwithout Landlord's written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute 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 any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be 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 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 until Tenant vacates the Premises) and Landlord shall have the 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 Premises as provided in this Lease upon the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawTerm. If Tenant fails to surrender the Premises on upon the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify agrees to indemnify, defend and hold harmless Landlord harmless forfrom all costs, from and against all claimsloss, damages, including consequential damages, loss and expense or liability, including without limitation, any claim claims made by any succeeding tenant resulting from such failure to surrender by Tenant and any real estate brokers' claims and attorneys’ fees and costs incurred by Landlord ' fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord's approval, such claimmonth-to-month tenancy may be cancelled by either party with thirty (30) days' prior written notice or such lesser time period as may be permitted by law.

Appears in 1 contract

Sources: Lease (Alnylam Pharmaceuticals Inc)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises all or any part thereof of the Premises after the expiration or earlier termination of this Lease without Landlord’s prior written consentExpiration Date, then such holding over shall constitute and be construed as a tenancy at sufferance onlysufferance, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon entire Premises, subject to the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall pay monthly installments of Rent (determined on a per month basis without reduction for partial months during the tenancy on 10 days holdover) equal to 150% of the monthly installment of Rent in effect immediately prior written notice to Tenantsuch holding over. The acceptance This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of Rent by Landlord of Rent after such following expiration or early termination shall not result in a renewal or constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease. The foregoing provisions Lease to the contrary, any holdover by Tenant, unless first consented to by Landlord, shall constitute an Event of Default on the part of Tenant under this Section 17.14 are Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in addition to and do not affect Landlord’s right the case of re-entry or any other rights an Event of Landlord hereunder or as otherwise provided Default by lawTenant. If Tenant fails to surrender remains in possession of all or any part of the Premises on after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, then Tenant shall indemnify and hold Landlord harmless for, from and against all claimsLosses (including, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant consequential damages) resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 Lease Expiration Date and any related reasonable attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions incurred.

Appears in 1 contract

Sources: Lease (AeroVironment Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding ------- over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written ---- consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 16.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss or liability resulting directly and liabilityproximately therefrom, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Lease Agreement (Data Critical Corp)

Holding Over. Should TenantIf Tenant holds over after the expiration or earlier termination of the term hereof, with or without the express or implied consent of Landlord, Tenant shall become and be only a tenant at sufferance at a daily rent equal to one-thirtieth of the greater of (a) the then prevailing monthly fair market gross rental rate as determined by Landlord in its sole and absolute discretion, or (b) one hundred fifty percent (150%) of the monthly installment of Basic Annual Rent (and estimated Additional Rent payable under Section 2.2) payable by Tenant immediately prior to such expiration or termination, and otherwise upon the terms, covenants and conditions herein specified, so far as applicable, as reasonably determined by Landlord. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the term, or any waiver of its successors in interestany of Landlord's rights or remedies with respect to such holdover. Notwithstanding any provision to the contrary contained herein, hold over (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the term of this Lease or upon the earlier termination hereof or at any part thereof after time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs and expenses, including, without limitation, all lost profits and other consequential damages, attorneys' fees, consultants' fees and court costs incurred or suffered by or asserted against Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of in accordance with the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension provisions of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Sources: Office Lease (Star Telecommunications Inc)