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. 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 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 Tenant will have no right to remain in possession of all or any part of the Demised Premises shall not be surrendered upon after the expiration or earlier termination of the Term term. If Tenant remains in possession of this Sublease in all or any part of the condition required by Section 5.2 hereofDemised Premises after the end of said term, Tenant shall with the express or implied consent of Owner: (a) such tenancy will be deemed to be occupying the Premises as a subtenant periodic tenancy from month-to-monthmonth only; (b) such tenancy will not constitute a renewal or extension of this Lease for any further term; and (c) such tenancy may be terminated by Owner upon the earlier of thirty (30) days prior written notice or the earliest date permitted by law. In such event, at a monthly rental rent (the reasonable value of use and occupancy) will be increased to an amount equal to one hundred and fifty percent one-half (150%1/2) of the aggregate Fixed sum of the Minimum Annual Rent and plus all additional rent rentals payable during the last month year of the Termterm, subject to all and any other sums due for additional rent under this Lease will be payable in the other conditions, provisions amount and obligations of at the times specified in this Sublease insofar as the same are applicable to a Lease. Such month-to-month tenancytenancy will be subject to every other term, condition and covenant contained in this Lease. In addition, Tenant Neither the billing nor the collection of use and occupancy in the above amount shall indemnify and hold harmless Landlord for, from and against be deemed a waiver of any and all liabilities, losses, obligations, right of Owner to collect 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 for Tenant's failure to vacate the failure of, or the delay by, Tenant in so surrendering the Demised 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 after the expiration or sooner 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 PremisesLease. 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 The provisions of this Section Article shall be deemed to be an "agreement expressly providing otherwise" survive the expiration or sooner termination of this Lease. In the event a renewal lease is executed by all parties within the meaning of Section 232-c ninety (90) days of the Real Property Law of expiration date and all rent has been paid timely, the State of New Yorkrent will be adjusted retroactively to the renewal rate.

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 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 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. 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.

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. 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 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. If In the event Tenant remains in possession of the Leased Premises shall not be surrendered upon after the expiration or earlier termination of the Term tenancy created hereunder and without the execution of this Sublease in a new lease, Tenant, at the condition required by Section 5.2 hereofoption of Landlord, Tenant shall be deemed to be occupying the said Leased Premises as a subtenant Tenant from month to 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 Lease insofar as the same are applicable to a month-to-month tenancy. In additionTenant agrees that if possession of the Premises is not surrendered to Landlord upon the Expiration Date or sooner termination of the Lease, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall indemnify pay to Landlord, as liquidated damages, for each month and hold harmless Landlord for, from and against for each portion of 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) month during 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 the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to 125% times the aggregate of that portion of the Fixed Minimum Rent and Additional Rent that 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 Leased Premises past after the expiration date or sooner 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 PremisesLease. 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 The provisions of this Section 10.6 shall be deemed to be an "agreement expressly providing otherwise" within survive the meaning expiration date or sooner termination of Section 232-c of the Real Property Law of the State of New Yorkthis Lease.

HOLDOVER BY TENANT. If Tenant will have no right to remain in possession of all or any part of the Demised Premises shall not be surrendered upon after the expiration or earlier termination of the Term term. If Tenant remains in possession of this Sublease in all or any part of the condition required by Section 5.2 hereofDemised Premises after the end of said term, Tenant shall with the express or implied consent of Owner: (a) such tenancy will be deemed to be occupying the Premises as a subtenant periodic tenancy from month-to-monthmonth only; (b) such tenancy will not constitute a renewal or extension of this Lease for any further term; and (c) such tenancy may be terminated by Owner upon the earlier of thirty (30) days prior written notice or the earliest date permitted by law. In such event, at a monthly rental rent (the reasonable value of use and occupancy) will be increased to an amount equal to one hundred and fifty percent one-half (150%l/2) of the aggregate Fixed sum of the Minimum Annual Rent and plus all additional rent rentals payable during the last month year of the Termterm, subject to all and any other sums due for additional rent under this Lease will be payable in the other conditions, provisions amount and obligations of at the times specified in this Sublease insofar as the same are applicable to a Lease. Such month-to-month tenancytenancy will be subject to every other term, condition and covenant contained in this Lease. In addition, Tenant Neither the billing nor the collection of use and occupancy in the above amount shall indemnify and hold harmless Landlord for, from and against be deemed a waiver of any and all liabilities, losses, obligations, right of Owner to collect 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 for Tenant's failure to vacate the failure of, or the delay by, Tenant in so surrendering the Demised 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 after the expiration or sooner 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 PremisesLease. 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 The provisions of this Section Article shall be deemed to be an "agreement expressly providing otherwise" survive the expiration or sooner termination of this Lease. In the event a renewal lease is executed by all parties within the meaning of Section 232-c ninety (90)days of the Real Property Law of expiration date and all rent has been paid timely, the State of New Yorkrent will be adjusted retroactively to the renewal rate.