Common use of HOLDOVER BY TENANT Clause in Contracts

HOLDOVER BY TENANT. If the 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 be occupying the Premises as a subtenant from month-to-month, at a monthly rental equal to one hundred and fifty percent (150%) of the aggregate Fixed Rent and additional rent payable 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 this Section shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New York.

HOLDOVER BY TENANT. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within one (1) day after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Tenant holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to one hundred and fifty percent two (150%2) times the aggregate of that portion of the aggregate Fixed Rent and the additional rent which was payable under this Lease during the last month of the Term, subject . Nothing herein contained shall be deemed to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable permit Tenant 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises beyond the Expiration Date of New Yorkthis 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. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Tenant holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to (i) in respect of the first (1st) month of any holdover, one hundred and fifty percent twenty-five (150125%) percent of the aggregate Fixed of that portion of the Rent and the additional rent which was payable under this Lease during the last month of the Term, subject to all and (ii) in respect of any holdover beyond the other conditionsfirst (1st) month, 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 two hundred (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges200%) which are paid, suffered or incurred by Landlord as a result percent of the 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 aggregate of Landlord to Overlandlord, pursuant to Section 24.02 of the Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a 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 past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises more than ninety (90) days beyond the Expiration Date of New Yorkthis 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. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant retains possession of the 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 hereofany part thereof after such termination, Tenant shall be deemed to be occupying the Premises as a subtenant from month-to-monththen Landlord may, at a monthly rental equal to its option at any time thereafter, serve written notice upon Tenant that such holdover constitutes any one hundred and fifty percent (150%of: a) intentionally deleted; or b) creation of the aggregate Fixed Rent and additional rent payable 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 additiontenancy upon the 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, Tenant shall indemnify and hold harmless Landlord forHOWEVER, from and against any and that the monthly rental (or daily rental under (c)) shall, in addition to all liabilities, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) sums which are paidto be paid by Tenant hereunder, suffered or incurred by Landlord as a result of be equal to double the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised rental being paid monthly to Landlord under the Xxxxxxxxx) resulting from this Lease immediately prior to such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 (prorated in the Premisescase of (c) on the basis of a 360-day year for each day Tenant remains in possession). Notwithstanding anything to the contrary contained in this SubleaseIf no such notice is served, the acceptance of any rent paid by Tenant to this Section 5.3 shall not preclude Landlord from commencing and prosecuting then a holdover or summary eviction proceeding, and the preceding provisions of this Section tenancy at sufferance shall be deemed to be an "agreement expressly providing otherwise" within created at the meaning rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of Section 232-c possession by Tenant, including all loss or 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 Real Property Law Premises. The provisions of the State paragraph shall not constitute a waiver by Landlord of New Yorkany right of reentry; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants or obligations therein on Tenant's part to be performed.

HOLDOVER BY TENANT. If the Premises are not surrendered within thirty (30) days following the termination of the Term, Tenant shall not be surrendered upon indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the expiration 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 on the Expiration Date, or earlier termination date will exceed the amount of the Term monthly installments of this Sublease 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 on the Expiration Date, or earlier termination date, a tenancy at sufferance is created and in the condition required by Section 5.2 hereofaddition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord on account of use and occupancy of the Premises as for each month and for each portion of any month during which Tenant holds over in the Premises, a subtenant from month-to-month, at a monthly rental sum equal to one hundred and fifty percent (150%) % of the aggregate Fixed Rent and additional rent which was payable under this Lease during the last month of the Term, subject . Nothing herein contained shall be deemed to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable permit Tenant 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration or earlier termination of this SubleaseLease or to limit in any manner Landlord’s right to regain possession of the Premises through summary proceedings, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereofor otherwise, and that no acceptance by Landlord of payments from Tenant will be liable to Landlord for all such damagesafter the Expiration Date, 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 this Section earlier termination date shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law amount to be paid by Tenant in accordance with the provisions of the State of New Yorkthis Section.

HOLDOVER BY TENANT. In the event that the 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 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 to show the Leased Premises to prospective tenants. If Tenant fails to surrender the Leased 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 be occupying the Premises as a subtenant from month-to-month, at a monthly rental equal to one hundred and fifty percent (150%) of the aggregate Fixed Rent and additional rent payable during the last month of the Term, subject in addition to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable liabilities to a month-to-month tenancy. In additionLandlord accruing therefrom, Tenant shall indemnify and hold Landlord harmless Landlord forfrom loss or liability resulting from such failure, from and against any and all liabilities, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, including without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred any claims made by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from succeeding tenant founded on such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 this Section shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New Yorkfailure.

HOLDOVER BY TENANT. If In the event that Tenant shall not immediately surrender the Premises shall not be surrendered upon on the expiration or earlier termination of the Term Term, Tenant, at the option of this Sublease in the condition required by Section 5.2 hereofLandlord, Tenant shall be deemed to be occupying the Premises as become a subtenant from month-to-month, month Tenant at a monthly rental equal to one hundred and fifty percent (150%) of the aggregate Fixed Rent and additional rent payable in effect during the last month of the Term, Term and subject to all of the other terms, conditions, provisions covenants and obligations agreements of this Sublease insofar as the same are applicable to a month-to-month tenancyLease. In addition, Tenant shall indemnify give to Landlord 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 harmless over after the expiration of the Term, then at any time prior to Landlord’s acceptance of Rent from Tenant 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 forfor all costs, from injuries and against any and all liabilities, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the failure ofwrongful holdover. If Tenant fails to surrender the Premises in a timely manner upon the termination of this Lease, or the delay byin addition to any other liabilities to Landlord accruing therefrom, Tenant in so surrendering the Premises including, without limitation, all sums payable by shall indemnify and hold Landlord to Overlandlord, harmless from loss or other liabilities of Landlord to Overlandlord, pursuant to Section 24.02 of the Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) liability resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion failure, including limiting the generality of the Premises past the expiration or termination of this Subleaseforegoing, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all any claims made by any proposed new tenant founded on 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 this Section shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New Yorkfailure.

HOLDOVER BY TENANT. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Tenant holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to one hundred and fifty percent one half (150%l 1/2) times the aggregate of that portion of the aggregate Fixed Rent and the additional rent which was payable under this Lease during the last month of the TermTerm (the Last Month's Rent") for the first (1st) month or portion, subject thereof that Tenant holds over, (ii) two hundred (200%) percent of the Last Month's Rent for the second (2nd) month or portion thereof during which Tenant continues to all hold-over and (iii)) three hundred (300%) percent of the other conditionsLast Month's Rent for the third (3rd) and each succeeding month, provisions and obligations or portions thereof, during which Tenant continues to hold-over following the Expiration Date or earlier termination of this Sublease insofar as the same are applicable Lease. Nothing herein contained shall be deemed to a month-to-month tenancy. In addition, permit Tenant shall indemnify and hold harmless Landlord for, from and against any and all liabilities, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises more than ninety (90) .days beyond the Expiration Date or earlier termination of New Yorkthis 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. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant retains possession of the Premises shall not be surrendered or any part thereof after such termination, then Landlord may, at its option at any time thereafter, serve written notice upon the expiration or earlier termination Tenant that such holdover constitutes any one of: a) renewal of the Term Lease for one year at the then prevailing current rental rate; or b) creation of this Sublease in the condition required by Section 5.2 hereof, Tenant shall be deemed to be occupying the Premises as a subtenant from month-to-month, at a monthly rental equal to one hundred and fifty percent (150%) of the aggregate Fixed Rent and additional rent payable 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 additiontenancy upon the 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, Tenant shall indemnify and hold harmless Landlord forHOWEVER, from and against any and that the monthly rental (or daily rental under (c)) shall, in addition to all liabilities, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) sums which are paidto be paid by Tenant hereunder, suffered or incurred by Landlord as a result of be equal to double the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised rental being paid monthly to Landlord under the Xxxxxxxxx) resulting from this Lease immediately prior to such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 (prorated in the Premisescase of (c) on the basis of a 360-day year for each day Tenant remains in possession). Notwithstanding anything to the contrary contained in this SubleaseIf no such notice is served, the acceptance of any rent paid by Tenant to this Section 5.3 shall not preclude Landlord from commencing and prosecuting then a holdover or summary eviction proceeding, and the preceding provisions of this Section tenancy at sufferance shall be deemed to be an "agreement expressly providing otherwise" within created at the meaning rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of Section 232-c possession by Xxxxxx, including all loss or 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 Real Property Law Premises. The provisions of the State paragraph shall not constitute a waiver by Landlord of New Yorkany right of reentry; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants or obligations therein on Tenant’s part to be performed.

HOLDOVER BY TENANT. If The parties recognize and agree that the damage to Landlord resulting from any failure by Xxxxxx to timely surrender possession of the Premises shall 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. Xxxxxx therefore agrees that if possession of the Premises is not be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Xxxxxx holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to one hundred and fifty percent a half (150%1.5) times the aggregate of that portion of the aggregate Fixed Rent and the additional rent which was payable under this Lease during the last month of the Term, subject . Nothing herein contained shall be deemed to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable permit Tenant 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law amount to be paid by Tenant in accordance with the provisions of this Article 25, 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 State Premises beyond the Expiration Date of New Yorkthis 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 in addition to any 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 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 Xxxxxx.

HOLDOVER BY TENANT. (a) If the Premises shall and/or the Outdoor Areas are not be surrendered upon at the expiration or earlier termination of the Term pursuant to the terms of this Sublease Lease, and 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 (other than consequential damages and punitive damages,) resulting from delay by Tenant in so surrendering the condition required by Section 5.2 hereofPremises and/or the Outdoor Areas. Tenant further agrees that if possession of the Premises and/or the Outdoor Areas are not surrendered to Landlord on the Expiration Date or sooner termination of the Term (time being of the essence), in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord on account of use and occupancy of the Premises as 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 the Term, a subtenant from month-to-month, at a monthly rental sum (the "Holdover Rent") equal to one hundred and fifty percent (150%) for up to the first one hundred eighty (180) days of Tenant's holdover, and then two hundred percent (200%) thereafter, of the aggregate of Fixed Rent and additional rent Additional Rent which was payable under this Lease during the last month of the Term, subject Term for the portion of the Premises and/or the Outdoor Area that has not been surrendered by Tenant pursuant to all the other conditions, provisions and obligations terms of this Sublease insofar Lease. (b) Except as provided in the last sentence of 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 or 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 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 Section. (c) Notwithstanding anything to the contrary contained herein, Tenant shall have the right, by delivering written notice to Landlord no less than twelve (12) months prior to the Expiration Date, time being of the essence, to remain in possession of the Premises for up to an additional four (4) months after the Expiration Date (the "Elective Holdover Period") under the same are applicable to terms and conditions of this Lease then in effect. After the expiration of the Elective Holdover Period, any continued holdover by Tenant shall be 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. In addition, Tenant shall indemnify pay for each month and hold harmless Landlord forfor each portion of any month of such holdover month-to-month tenancy a sum equal to one hundred fifty percent (150%) for up to the first sixty (60) days of such month-to-month tenancy, from and against any and all liabilitiesthen two hundred percent (200%) thereafter, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the failure of, or aggregate of Fixed Rent and Additional Rent which was payable under this Lease during 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 last month of the Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 this Section shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New YorkElective Holdover Period.

HOLDOVER BY TENANT. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant retains possession of the Premises shall not be surrendered or any part thereof after such termination, then Landlord may, at its option at any time thereafter, serve written notice upon the expiration or earlier termination Tenant that such holdover constitutes any one of: a) renewal of the Term Lease for one year at the then prevailing current rental rate; or b) creation of this Sublease in the condition required by Section 5.2 hereof, Tenant shall be deemed to be occupying the Premises as a subtenant from month-to-month, at a monthly rental equal to one hundred and fifty percent (150%) of the aggregate Fixed Rent and additional rent payable 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 additiontenancy upon the 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, Tenant shall indemnify and hold harmless Landlord forHOWEVER, from and against any and that the monthly rental (or daily rental under (c)) shall, in addition to all liabilities, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) sums which are paidto be paid by Tenant hereunder, suffered or incurred by Landlord as a result of be equal to one and one-half the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised rental being paid monthly to Landlord under the Xxxxxxxxx) resulting from this Lease immediately prior to such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 (prorated in the Premisescase of (c) on the basis of a 360-day year for each day Tenant remains in possession). Notwithstanding anything to the contrary contained in this Subleasef no such notice is served, the acceptance of any rent paid by Tenant to this Section 5.3 shall not preclude Landlord from commencing and prosecuting then a holdover or summary eviction proceeding, and the preceding provisions of this Section tenancy at sufferance shall be deemed to be an "agreement expressly providing otherwise" within created at the meaning rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of Section 232-c possession by Tenant, including all loss or 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 Real Property Law Premises. The provisions of the State paragraph shall not constitute a waiver by Landlord of New Yorkany right of reentry; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants or obligations therein on Tenant’s part to be performed.

HOLDOVER BY TENANT. If The parties recognize and agree that the damage to Landlord resulting from any failure by Xxxxxx to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Xxxxxx holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to (i) one hundred and fifty percent one-half (150%1.5) times the aggregate of that portion of the aggregate Fixed Rent for the first 30 days of such holdover, and additional rent 100% of the Additional Rent which was payable under this Lease during the last month of the Term, subject to all and (ii) two (2) times the other conditions, provisions and obligations aggregate 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Rent for any time thereafter, and 100% of 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 past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises beyond the Expiration Date, notwithstanding the acceptance of New Yorkany Rent and Additional Rent paid by Tenant pursuant to the preceding provisions, Tenant shall be subject to summary proceeding and all damages related thereto. Additionally, if Tenant shall hold-over or remain in possession of any portion of the Premises for more than thirty (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 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 Xxxxxx.

HOLDOVER BY TENANT. If the Premises are not surrendered within sixty (60) days following the termination of the Term, Tenant shall not be surrendered upon indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the expiration 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 on the Expiration Date, or earlier termination date will exceed the amount of the Term monthly installments of this Sublease 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 on the Expiration Date, or earlier termination date, a tenancy at sufferance is created and in the condition required by Section 5.2 hereofaddition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord on account of use and occupancy of the Premises as for each month and for each portion of any month during which Tenant holds over in the Premises, a subtenant from month-to-month, at a monthly rental sum equal to one hundred and fifty percent (150%) % of the aggregate Fixed Rent and additional rent which was payable under this Lease during the last month of the Term, subject . Nothing herein contained shall be deemed to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable permit Tenant 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration or earlier termination of this SubleaseLease or to limit in any manner Landlord’s right to regain possession of the Premises through summary proceedings, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereofor otherwise, and that no acceptance by Landlord of payments from Tenant will be liable to Landlord for all such damagesafter the Expiration Date, 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 this Section earlier termination date shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law amount to be paid by Tenant in accordance with the provisions of the State of New Yorkthis Section.

HOLDOVER BY TENANT. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Tenant holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to one hundred and fifty percent one-half (150%1.5) times the aggregate of that portion of the aggregate Fixed Rent and additional rent 100% of the Additional Rent which was payable under this Lease during the last month of the Term, subject . Nothing herein contained shall be deemed to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable permit Tenant 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises beyond the Expiration Date, notwithstanding the acceptance of New Yorkany 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. Additionally, if Tenant shall hold-over or remain in possession of any portion of the Premises following the date which is thirty (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 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. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Tenant holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to one hundred and fifty percent two (150%2) times the aggregate of that portion of the aggregate Fixed Rent and the additional rent which was payable under this Lease during the last month of the Term, subject Term for each successive month thereafter that Tenant holds-over. Nothing herein contained shall be deemed to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable permit Tenant 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises beyond the date which is two (2) months after the Expiration Date of New Yorkthis 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. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Tenant retains possession of the 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 hereofany part thereof after such termination, Tenant shall be deemed to be occupying the Premises as a subtenant from month-to-monththen Landlord may, at a monthly rental equal to its option at any time thereafter, serve written notice upon Tenant that such holdover constitutes any one hundred and fifty percent (150%of: A) creation of the aggregate Fixed Rent and additional rent payable 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 additiontenancy upon the terms and conditions set forth in this Lease; or B) creation of a tenancy at sufferance in any case upon the terms and conditions set forth in this Lease; PROVIDED, Tenant shall indemnify and hold harmless Landlord forHOWEVER, from and against any and that the monthly rental (or daily rental under (c)) shall, in addition to all liabilities, losses, obligations, damages (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) sums which are paidto be paid by Tenant hereunder, suffered or incurred by Landlord as a result of be equal to double the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised rental being paid monthly to Landlord under the Xxxxxxxxx) resulting from this Lease immediately prior to such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 (prorated in the Premisescase of (c) ON A PER DIEM BASIS for each day Tenant remains in possession). Notwithstanding anything to the contrary contained in this SubleaseIf no such notice is served, the acceptance of any rent paid by Tenant to this Section 5.3 shall not preclude Landlord from commencing and prosecuting then a holdover or summary eviction proceeding, and the preceding provisions of this Section tenancy at sufferance shall be deemed to be an "agreement expressly providing otherwise" within created at the meaning rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of Section 232-c possession by Tenant, including all loss or 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 Real Property Law Premises. The provisions of the State paragraph shall not constitute a waiver by Landlord of New Yorkany right of reentry; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants or obligations therein on Tenant's part to be performed.

HOLDOVER BY TENANT. If Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be One Hundred Twenty Five Percent (125%) 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 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 for 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 shall be increased again to Two 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 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 surrendered 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 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 Xxxxxx 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 to such other tenant or prospective tenant. The provisions of this Section shall survive 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 be occupying the Premises as a subtenant from month-to-month, at a monthly rental equal to one hundred and fifty percent (150%) of the aggregate Fixed Rent and additional rent payable 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion of the Premises past the expiration or termination of this Sublease, Landlord may incur holdover rent damages as to the entire Xxxxxxxxx Premises as a result thereof, and 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 this Section shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New YorkLease.

HOLDOVER BY TENANT. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Tenant holds over in the Premises as after the Expiration Date or sooner termination of this Lease, for a subtenant from month-to-month, at period of thirty (30) days a monthly rental sum equal to one hundred and fifty percent one-half times (150%1.5) and then thereafter a sum equal to two (2) times the aggregate of that portion of the aggregate Fixed Rent and the additional rent which was payable under this Lease during the last month of the Term, subject . Nothing herein contained shall be deemed to all the other conditions, provisions and obligations of this Sublease insofar as the same are applicable permit Tenant 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 (direct, indirect, consequential or otherwise), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) which are paid, suffered or incurred by Landlord as a result of the 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 Xxxxxxxxx or otherwise (whether allocable to the Premises or any other portions of the premises demised to Landlord under the Xxxxxxxxx) resulting from such delay. Tenant acknowledges and understands that if Tenant holds over in all or a portion retain possession of the Premises past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises beyond the Expiration Date of New Yorkthis 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. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises shall 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 be surrendered upon to Landlord within twenty-four (24) hours after the expiration Expiration Date or earlier sooner termination of the Term of this Sublease Term, in the condition required by Section 5.2 hereofaddition to any other rights or remedy Landlord may have hereunder or at law, Tenant shall be deemed pay to be occupying Landlord for each month and for each portion of any month during which Tenant holds over in the Premises as after the Expiration Date or sooner termination of this Lease, a subtenant from month-to-month, at a monthly rental sum equal to one hundred (i) in respect of the first (1st) and fifty percent second (150%2nd) month (or any portion thereof) of any holdover one and one-quarter (1 1/4) times the greater of (x) the then fair market rental value of the Premises or (y) the aggregate Fixed of that portion of the Base Rent and the additional rent which was payable under this Lease during the last month of the Term, subject Term (such greater amount is hereinafter referred 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 (direct, indirect, consequential or otherwiseAHoldover Rent@), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other chargesii) which are paid, suffered or incurred by Landlord as a result in respect of the 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 Xxxxxxxxx or otherwise third (whether allocable to the Premises 3rd) month (or any other portions portion thereof) of any holdover, one and one-half (1 1/2) times the premises demised Holdover Rent and (iii) in respect to Landlord under any holdover beyond the Xxxxxxxxxthird (3rd) resulting from such delaymonth, two (2) times the Holdover Rent for each month (or any portion thereof) that Tenant continues to holdover. Nothing herein contained shall be deemed to permit Tenant acknowledges and understands that if Tenant holds over in all or a portion to retain possession of the Premises past after the expiration Expiration Date or sooner termination of this Sublease, Lease and no acceptance by Landlord may incur holdover rent damages as to of payments from Tenant after the entire Xxxxxxxxx Premises as a result thereof, and that Tenant will be liable to Landlord for all such damages, liabilities, costs and expenses payable to Overlandlord Expiration Date or otherwise directly due to Tenant's holding over in sooner termination of 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 this Section Term shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c other than on account of the Real Property Law 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 State Premises more than ninety (90) days beyond the Expiration Date or earlier termination of New Yorkthis 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.