Common use of HOLDOVER BY TENANT Clause in Contracts

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to (i) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four one (241) hours day after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to two (i2) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize and agree that If the damage Premises shall not be surrendered upon the expiration or earlier termination of the Term of this Sublease in the condition required by Section 5.2 hereof, Tenant shall be deemed to Landlord resulting from any failure by Tenant to timely surrender possession of be occupying the Premises as aforesaid will be substantiala subtenant from month-to-month, will exceed the amount of the at a monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum rental equal to (i) in respect of the first (1st) month of any holdover, one hundred twenty-five and fifty percent (125150%) percent of the aggregate of that portion of the Fixed Rent and the additional rent which was payable under this Lease during the last month of the Term, subject to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable to a month-to-month tenancy. In addition, Tenant shall indemnify and hold harmless Landlord for, from and against any and all liabilities, losses, obligations, damages (iidirect, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) in respect of any holdover beyond the first (1st) monthwhich are paid, two hundred (200%) percent suffered or incurred by Landlord as a result of the aggregate failure of, or the delay by, Tenant in so surrendering the Premises including, without limitation, all sums payable by Landlord to Overlandlord, or other liabilities of Landlord to Overlandlord, pursuant to Section 24.02 of the ▇▇▇▇▇▇▇▇▇ or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the ▇▇▇▇▇▇▇▇▇) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Rent and Premises past the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date expiration or sooner termination of this Lease Sublease, Landlord may incur holdover rent damages as to the entire ▇▇▇▇▇▇▇▇▇ Premises as a result thereof, and no that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord or otherwise directly due to Tenant's holding over in the Premises. Notwithstanding anything to the contrary contained in this Sublease, the acceptance of any rent paid by Tenant to this Section 5.3 shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding provisions of payments from Tenant after the Expiration Date or sooner termination of the Term this Section shall be deemed to be other than on account an "agreement expressly providing otherwise" within the meaning of Section 232-c of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion Real Property Law of the Premises more than ninety (90) days beyond the Expiration Date State of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against TenantNew York.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to one and one half (il 1/2) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and Term (iithe Last Month's Rent") in respect of any holdover beyond for the first (1st) monthmonth or portion, thereof that Tenant holds over, (ii) two hundred (200%) percent of the aggregate of that Last Month's Rent for the second (2nd) month or portion thereof during which Tenant continues to hold-over and (iii)) three hundred (300%) percent of the Last Month's Rent for the third (3rd) and each succeeding month, or portions thereof, during which Tenant continues to hold-over following the additional rent which was payable under Expiration Date or earlier termination of this Lease during the last month of the TermLease. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If , if Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days .days beyond the Expiration Date or earlier termination of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, . Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize and agree In the event that the damage Tenant shall hold the Leased Premises after the expiration of the Term without the express written consent of Landlord, and provided further that the Landlord has accepted rental from the Tenant during the holdover period, such holding over shall he deemed to have created a tenancy from month to month terminable on fifteen (15) days written notice by either party to the other, upon a monthly rental basis, and otherwise subject to all the terms and provisions of this Lease, except as contemplated to the contrary in this Section 11.8. Such monthly rental shall be computed on the basis of one-sixth (1/6) of the sum of all rents payable to Tenant to Landlord resulting from any failure by Tenant to timely surrender possession during the preceding twelve (12) months of the Term (including, but not limited to, Minimum Rent and Percentage Rent) and all other additional charges provided by this Lease. During such monthly tenancy Landlord shall have the right at any time to enter the Leased Premises as aforesaid will be substantial, will exceed to show the amount of Leased Premises to prospective tenants. If Tenant fails to surrender the monthly installments of Leased Premises upon the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination expiration of the Term, in addition to any other rights or remedy liabilities to Landlord may have hereunder or at lawaccruing therefrom, Tenant shall pay to indemnify and hold Landlord for each month and for each portion of harmless from loss or liability resulting from such failure, including without limitation, any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to (i) in respect of the first (1st) month of claims made by any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than succeeding tenant founded on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenantfailure.

HOLDOVER BY TENANT. If the Premises are not surrendered within thirty (30) days following the termination of the Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant founded on such delay, The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantialon the Expiration Date, or earlier termination date will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. , Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after on the Expiration Date Date, or sooner earlier termination of the Termdate, a tenancy at sufferance is created and in addition to any other rights or remedy and remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this LeasePremises, a sum equal to (i) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion 150% of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date expiration or sooner earlier termination of this Lease or to limit in any manner Landlord’s right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date Date, or sooner earlier termination of the Term date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against TenantSection.

HOLDOVER BY TENANT. The parties recognize In the event that Tenant shall not immediately surrender the Premises on the expiration or earlier termination of the Term, Tenant, at the option of Landlord, shall become a month-to-month Tenant at one hundred fifty percent (150%) of the Rent in effect during the last month of the Term and agree that subject to all of the damage terms, conditions, covenants and agreements of this Lease. Tenant shall give to Landlord resulting at least thirty (30) days’ written notice of any intention to quit the Premises, and Tenant shall be entitled to thirty (30) days’ written notice to quit the Premises, unless Tenant is in Default hereunder, in which event Tenant shall not be entitled to any notice to quit, the usual thirty (30) days written notice to quit being hereby expressly waived. Notwithstanding the foregoing, in the event that Tenant shall hold over after the expiration of the Term, then at any time prior to Landlord’s acceptance of Rent from any failure by Tenant to timely surrender as a monthly Tenant hereunder, Landlord, at its option, may forthwith re-enter and take possession of the Premises without process, in which case Tenant shall be liable to Landlord for all costs, injuries and damages suffered by Landlord as aforesaid will be substantial, will exceed the amount a result of the monthly installments of the Rent theretofore payable hereunder, and will be impossible wrongful holdover. If Tenant fails to accurately measure. Tenant therefore agrees that if possession of surrender the Premises is not surrendered to Landlord within twenty-four (24) hours after in a timely manner upon the Expiration Date or sooner termination of the Termthis Lease, in addition to any other rights or remedy liabilities to Landlord may have hereunder or at lawaccruing therefrom, Tenant shall pay to indemnify and hold Landlord for each month and for each portion of any month during which Tenant holds over in harmless from loss or liability resulting from such failure, including limiting the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to (i) in respect generality of the first (1st) month of foregoing, any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of claims made by any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than proposed new tenant founded on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenantfailure.

HOLDOVER BY TENANT. If the Premises are not surrendered within sixty (60) days following the termination of the Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant founded on such delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantialon the Expiration Date, or earlier termination date will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after on the Expiration Date Date, or sooner earlier termination of the Termdate, a tenancy at sufferance is created and in addition to any other rights or remedy and remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this LeasePremises, a sum equal to (i) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion 150% of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date expiration or sooner earlier termination of this Lease or to limit in any manner Landlord’s right to regain possession of the Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the Expiration Date Date, or sooner earlier termination of the Term date shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against TenantSection.

HOLDOVER BY TENANT. The parties recognize and agree that Tenant will, at the damage termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord resulting from any failure by Landlord. If Tenant to timely surrender retains possession of the Premises as aforesaid will be substantialor any part thereof after such termination, will exceed then Landlord may, at its option at any time thereafter, serve written notice upon Tenant that such holdover constitutes any one of: a) intentionally deleted; or b) creation of a month-to-month tenancy upon the amount terms and conditions set forth in this Lease; or c) creation of a tenancy at sufferance in any case upon the terms and conditions set forth in this Lease; PROVIDED, HOWEVER, that the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four rental (24or daily rental under (c)) hours after the Expiration Date or sooner termination of the Termshall, in addition to any all other rights or remedy Landlord may have hereunder or at lawsums which are to be paid by Tenant hereunder, Tenant shall pay be equal to double the rental being paid monthly to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to (i) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during immediately prior to such termination (prorated in the last month case of (c) on the Termbasis of a 360-day year for each day Tenant remains in possession). If no such notice is served, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term then a tenancy at sufferance shall be deemed to be other than on account of created at the amount to be paid by Tenant rent in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Leasepreceding sentence. If Tenant shall hold-over also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including all loss or remain in possession damage sustained or incurred by Landlord by reason of any new lease to or the loss of any proposed subsequent tenant for any portion of the Premises more than ninety (90) days beyond Premises. The provisions of the Expiration Date of this Lease, notwithstanding the acceptance paragraph shall not constitute a waiver by Landlord of any Rent and additional right of reentry; nor shall receipt of any rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants or obligations therein on Tenant's part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenantperformed.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Tenant shall pay Landlord resulting from any failure by for each day Tenant to timely surrender retains possession of the Premises as aforesaid will or part of them after termination of this Lease by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be substantial, will exceed One Hundred Twenty Five Percent (125%) of the amount of the monthly installments Monthly Rent for the last period prior to the date of such termination plus Tenant’s Share of costs under Article V for the first thirty (30) days of holdover, which shall be increased to One Hundred Fifty Percent (150%) of the amount of the Monthly Rent theretofore payable hereunderfor the last period prior to the date of such termination plus Tenant’s Share of costs under Article V for the next thirty (30) days of holdover, and will shall be impossible increased again to accurately measureTwo Hundred Percent (200%) of the amount of the Monthly Rent for the last period prior to the date of such termination plus Tenant’s Share of costs under Article V thereafter. If Landlord gives notice to Tenant therefore agrees of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any event, no provision of this Article shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law. Additionally, in the event that if upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply. If ▇▇▇▇▇▇ holds over for a period in excess of thirty (30) days, Tenant shall also be liable to Landlord for all damage which Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all loss, cost, damage, including consequential damages, or liability arising out of such holding over, including without limitation, all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after such other tenant or prospective tenant. The provisions of this Section shall survive the Expiration Date expiration or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner earlier termination of this Lease, a sum equal to (i) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize (a) If the Premises and/or the Outdoor Areas are not surrendered at the expiration or earlier termination of the Term pursuant to the terms of this Lease, and agree that the such failure continues following thirty (30) days' notice from Landlord, Tenant hereby agrees to indemnify, defend and hold harmless Landlord against any and all loss, liability, claim or actual damage to Landlord (other than consequential damages and punitive damages,) resulting from any failure delay by Tenant to timely surrender possession of in so surrendering the Premises as aforesaid will be substantial, will exceed and/or the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measureOutdoor Areas. Tenant therefore further agrees that if possession of the Premises is and/or the Outdoor Areas are not surrendered to Landlord within twenty-four (24) hours after on the Expiration Date or sooner termination of the TermTerm (time being of the essence), in addition to any other rights or remedy remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord on account of use and occupancy of the Premises and/or the Outdoor Areas for each month and for each portion of any month during which Tenant holds over in the Premises and/or the Outdoor Areas after the Expiration Date or sooner termination of this Leasethe Term, a sum (the "Holdover Rent") equal to one hundred fifty percent (i150%) in respect of for up to the first one hundred eighty (1st180) month days of any Tenant's holdover, one and then two hundred twenty-five percent (125200%) percent thereafter, of the aggregate of that portion of the Fixed Rent and the additional rent Additional Rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond Term for the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Rent and Premises and/or the additional rent which was payable under Outdoor Area that has not been surrendered by Tenant pursuant to the terms of this Lease during Lease. (b) Except as provided in the last month sentence of the Term. Nothing herein Section 18.02(a) or in Section 18.02(c) below, nothing contained in this Section 18.02 shall be deemed to permit Tenant to retain possession of the Premises and/or the Outdoor Areas after the Expiration Date expiration or sooner earlier termination of this Lease or to limit Tenant's payment of the Holdover Rent from and after the Expiration Date, or Landlord's right to regain possession of the Premises through summary proceedings, or any other formal court action or lawful proceeding, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21Section. (c) Notwithstanding anything to the contrary contained herein, which provisions Tenant shall survive have the right, by delivering written notice to Landlord no less than twelve (12) months prior to the Expiration Date or sooner termination Date, time being of this Lease. If Tenant shall hold-over or the essence, to remain in possession of any portion of the Premises more than ninety for up to an additional four (904) days beyond months after the Expiration Date (the "Elective Holdover Period") under the same terms and conditions of this LeaseLease then in effect. After the expiration of the Elective Holdover Period, notwithstanding the acceptance of any Rent and additional rent paid continued holdover by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding deemed a month-to-month tenancy, which tenancy may be terminated by either Landlord or Tenant upon no less than thirty (30) days' prior written notice. Tenant shall pay for each month and all damages related thereto, but also to for each portion of any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason month of such holding over by Tenant may be holdover month-to-month tenancy a sum equal to one hundred fifty percent (150%) for up to the subject first sixty (60) days of a separate action such month-to-month tenancy, and need not be asserted by Landlord in any summary proceedings against Tenantthen two hundred percent (200%) thereafter, of the aggregate of Fixed Rent and Additional Rent which was payable under this Lease during the last month of the Elective Holdover Period.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to one and one-half (i1.5) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month 100% of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of that portion of the Additional Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this LeaseDate, notwithstanding the acceptance of any Rent and additional rent Additional Rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto. Additionally, but also to if Tenant shall hold-over or remain in possession of any damages arising out portion of lost opportunities (and/or new leases) by Landlord to re-let the Premises following the date which is thirty (or 30) days following the Expiration Date, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, out-of-pocket costs (including reasonable attorneys' fees) and liability resulting from such failure, including any part thereof)claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to (i) in respect of the first (1st) and second (2nd) month (or any portion thereof) of any holdover, holdover one hundred twentyand one-five quarter (125%1 1/4) percent times the greater of (x) the then fair market rental value of the Premises or (y) the aggregate of that portion of the Base Rent and the additional rent which was payable under this Lease during the last month of the TermTerm (such greater amount is hereinafter referred to as the AHoldover Rent@), and (ii) in respect of the third (3rd) month (or any portion thereof) of any holdover, one and one-half (1 1/2) times the Holdover Rent and (iii) in respect to any holdover beyond the first third (1st3rd) month, two hundred (200%2) percent of times the aggregate of Holdover Rent for each month (or any portion thereof) that portion of the Rent and the additional rent which was payable under this Lease during the last month of the TermTenant continues to holdover. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date or earlier termination of this Lease, notwithstanding the acceptance of any Base Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to two (i2) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of the aggregate of Term for each successive month thereafter that portion of the Rent and the additional rent which was payable under this Lease during the last month of the TermTenant holds-over. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety beyond the date which is two (902) days beyond months after the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant ▇▇▇▇▇▇ to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant ▇▇▇▇▇▇ holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to (i) in respect of the first one and one-half (1st1.5) month of any holdover, one hundred twenty-five (125%) percent of times the aggregate of that portion of the Rent for the first 30 days of such holdover, and 100% of the additional rent Additional Rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first two (1st2) month, two hundred (200%) percent of times the aggregate of that portion of the Rent for any time thereafter, and 100% of the additional rent Additional Rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this LeaseDate, notwithstanding the acceptance of any Rent and additional rent Additional Rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto. Additionally, but also to if Tenant shall hold-over or remain in possession of any damages arising out portion of lost opportunities (and/or new leases) by Landlord to re-let the Premises for more than thirty (or 30) days following the Expiration Date, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including any part thereof)claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant▇▇▇▇▇▇.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, for a period of thirty (30) days a sum equal to one and one-half times (i1.5) in respect of the first and then thereafter a sum equal to two (1st2) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of lost opportunities (and/or new leases) by Landlord to re-let the Premises (or any part thereof). All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant.

HOLDOVER BY TENANT. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant ▇▇▇▇▇▇ to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the monthly installments of the Rent rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant ▇▇▇▇▇▇ therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date or sooner termination of the Term, in addition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant ▇▇▇▇▇▇ holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to one and a half (i1.5) in respect of the first (1st) month of any holdover, one hundred twenty-five (125%) percent of the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, and (ii) in respect of any holdover beyond the first (1st) month, two hundred (200%) percent of times the aggregate of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 2125, which provisions shall survive the Expiration Date or sooner termination of this Lease. If Tenant shall hold-over or remain in possession of any portion of the Premises more than ninety (90) days beyond the Expiration Date of this Lease, Tenant shall do so as a tenant at sufferance and notwithstanding the acceptance of any Rent and additional rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also in addition to any damages arising out of other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost opportunities (and/or new leases) by profits to Landlord to re-let the Premises (or any part thereof)resulting therefrom. All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any summary proceedings against Tenant▇▇▇▇▇▇.