Common use of Holdover Tenancy Clause in Contracts

Holdover Tenancy. If (without execution of a new lease or written ---------------- extension) Tenant shall holdover after the expiration of the Term, then Tenant shall, subject to Landlord's written consent but without execution of a new lease, become a tenant at sufferance at a monthly rental equal to twice the Rent due under the terms of this Lease, commencing said tenancy with the first day next after the end of the Term. Tenant, as a tenant at sufferance, shall be subject to all of the conditions and covenants of this Lease as though the tenancy had originally been a monthly tenancy. During the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. Notwithstanding the foregoing, if Landlord shall desire to regain possession of the Leased Premises by any legal action or process in force in the jurisdiction in which the Land is located, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss of profits or any other costs incurred by Landlord as a result of Tenant's failure or inability to deliver possession of the Leased Premises to Landlord when required under this Lease.

Holdover Tenancy. If (without execution Unless agreed to otherwise by the parties in a writing signed by both parties, if the Tenant holds possession of a new lease or written ---------------- extension) Tenant shall holdover the Premises after the expiration of the TermTerm (and, then unless the Landlord has agreed in writing to permit the Tenant shallto remain in possession thereafter), subject to Landlord's written consent but without execution of a new lease, Tenant shall become a tenant at sufferance at a monthly rental Tenant from month-to-month under the provisions herein provided. During the first three (3) calendar months of any such month to month tenancy the Monthly Net Rent payable hereunder shall be equal to twice one hundred seventy-five percent (175%) of the Monthly Net Rent due under installment and the terms Additional Rent (which includes all operating expenses, taxes, insurance and other costs of this Lease, commencing said tenancy with the first day next after Premises) payable immediately prior to the end of the Term. Tenant, as a tenant at sufferance, and thereafter the Monthly Net Rent installment and the Additional Rent shall be subject equal to all two hundred percent (200%) of said amount, which amounts shall be payable in advance on the first day of each month or part thereof that the Tenant remains in occupancy and without the requirement for demand or notice by the Landlord to the Tenant demanding delivery of possession of the Premises. All other terms and conditions and covenants of this Lease as though the tenancy had originally been a monthly shall apply during any such month to month holdover tenancy. During Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) resulting from delay by Tenant in surrendering the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except including, without limitation, any claims, losses, damages, liabilities, costs and expenses incurred in connection with contractors and subcontractors hired to perform Landlord’s renovation of the event Building for its intended use. Nothing herein contained shall be deemed to permit Tenant to retain possession of nonpayment of Rent when due, the Premises after the Expiration Date or the breach of to limit in any other covenant or default hereunder by Tenant (without giving effect to any notice or manner Landlord’s right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. Notwithstanding the foregoing, if Landlord shall desire to regain possession of the Leased Premises by any legal action through summary proceeding or process in force in the jurisdiction in which the Land is locatedotherwise, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss of profits or any other costs incurred no acceptance by Landlord as a result of Tenant's failure or inability payments from Tenant after the Expiration Date shall be deemed to deliver possession be other than on account of the Leased Premises amount to Landlord when required under be paid by Tenant in accordance with the provisions of this LeaseArticle 24.

Holdover Tenancy. Nothing contained herein will be construed to give Tenant the right to hold over at any time, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises, as well as any damages incurred by Landlord due to Tenant’s failure to vacate and deliver possession to Landlord as provided herein. If (without execution Tenant holds possession of a new lease or written ---------------- extension) Tenant shall holdover the Premises after the expiration or termination of the Lease Term, then by lapse of time or otherwise, Tenant shall, subject to Landlord's written consent but without execution of a new lease, shall become a tenant at sufferance at upon all of the terms contained herein, except as to Rent. During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, a monthly rental equal equivalent to twice one hundred fifty percent (150%) of the Rent due under payable by Tenant to Landlord with respect to the terms of this Lease, commencing said tenancy with the first day next after the end last month of the Lease Term. Tenant, The monthly rent payable for such holdover period shall in no event be construed as a tenant at sufferance, shall be subject to all penalty or as liquidated damages for such retention of the conditions and covenants of this Lease as though the tenancy had originally been a monthly tenancypossession. During the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. Notwithstanding Without limiting the foregoing, if Landlord Tenant hereby agrees to indemnify, defend and hold harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including, without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation, court costs and reasonable attorneys’ fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall desire to regain possession survive the expiration or termination of the Leased Premises by any legal action or process in force in the jurisdiction in which the Land is located, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss of profits or any other costs incurred by Landlord as a result of Tenant's failure or inability to deliver possession of the Leased Premises to Landlord when required under this LeaseLease Term.

Holdover Tenancy. If (without execution Tenant holds possession of a new lease or written ---------------- extension) Tenant shall holdover the Premises after the expiration or termination of the TermTerm of this Lease, then by lapse of time or otherwise, with or without the express or implied consent of Landlord, Tenant shall, subject to Landlord's written consent but without execution of a new lease, shall become a tenant at sufferance at upon all of the terms contained herein, except as to Term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During such holdover period, Tenant shall pay to Landlord a monthly rental equal Base Rent equivalent to twice one hundred fifty percent (150%) of the greater of (i) the Base Rent due under payable by Tenant to Landlord during the terms last month of the Term of this Lease, commencing said tenancy with and (ii) Landlord’s then prevailing rate for space in the first day next Project that is comparable to the Premises. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after the end any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. TenantNotwithstanding any provision to the contrary contained herein, as a tenant at sufferance, shall be subject (a) Landlord expressly reserves the right to all require Tenant to surrender possession of the conditions and covenants Premises upon the expiration of the Term of this Lease as though or upon the tenancy had originally been a monthly tenancy. During earlier termination hereof or at any time during any holdover and the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period)assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs and expenses incurred or suffered by or asserted against Landlord by reason of Tenant’s failure to surrender the Premises on the expiration or earlier termination of this Lease in which event Tenant accordance with the provisions of this Lease; provided, however, that Landlord shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. Notwithstanding the foregoing, if Landlord shall desire to regain possession of the Leased Premises by any legal action or process in force in the jurisdiction in which the Land is located, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss of profits or any other costs damages incurred by Landlord as due to the loss of a result prospective tenant or delay in delivering the Premises or any portion thereof to a prospective tenant resulting from Tenant’s holdover unless Landlord has given notice to Tenant of Tenant's failure or inability the execution of a lease and the date Landlord, pursuant to such lease, intends to deliver possession of the Leased Premises or any portion thereof to Landlord when required under this Leasethe prospective tenant at least thirty (30) days prior to such date.

Holdover Tenancy. If (without execution Tenant remains in possession of a new lease or written ---------------- extension) Tenant shall holdover the Premises after the expiration of the TermTerm or earlier termination of this Lease, then by whatever cause arising, Tenant shall, subject to Landlord's written consent but without execution of a new lease, will become a tenant at sufferance at a monthly rental equal to twice the Rent due under upon all of the terms and conditions of this Lease, commencing said tenancy with the first day next after the end provided that, during any such holdover period, Tenant will pay to Landlord a monthly amount for use and occupancy equivalent to one hundred and fifty percent (150%) of the TermFixed Rent and Additional Rent payable by Tenant to Landlord during the twelve (12) calendar months preceding such expiration or termination divided by twelve, and provided further that amounts representing Property Taxes, water and sewer charges and any other obligation which would constitute a lien on the Premises, will be paid to Landlord rather than directly to the taxing authority or provider. Tenant, The monthly amount payable for such holdover period will in no event be construed as a penalty or as liquidated damages for such retention of possession nor will the acceptance of such payment or of the performance of any other obligation by Landlord be deemed to render Tenant anything other than a tenant at sufferance, shall be subject . In addition to all of the conditions and covenants of this Lease as though the tenancy had originally been a monthly tenancy. During the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. Notwithstanding limitation on the foregoing, if Tenant hereby agrees to indemnify, defend and hold harmless Landlord shall desire to regain possession against any and all claims, liabilities, actions, losses, damages (direct, indirect, incidental and consequential) and expenses (including, without limitation, court costs and reasonable attorneys’ fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations will survive the expiration of the Leased Premises by any legal action Term or process in force in the jurisdiction in which the Land is located, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss other termination of profits or any other costs incurred by Landlord as a result of Tenant's failure or inability to deliver possession of the Leased Premises to Landlord when required under this Lease.

Holdover Tenancy. If (This Lease shall terminate without execution further notice upon the expiration of a new lease the Lease Term. Upon the expiration or written ---------------- extension) earlier termination of this Lease, Tenant shall peaceably and quietly surrender the Premises broom-clean and in the same condition as the Premises were upon delivery of possession to Tenant by Landlord, reasonable wear and tear excepted. Should Tenant holdover in the Premises beyond the expiration or earlier termination of this Lease, the holding over shall not constitute a renewal or extension of this Lease or give Tenant any rights under this Lease. In such event, Landlord may, in its sole discretion, treat Tenant as a tenant at will, subject to all the terms and conditions of this Lease, except that Minimum Annual Rent shall be an amount equal to the greater of: (a) one and one-half (1 1/2) times the sum of Minimum Annual Rent and percentage rent which was payable by Tenant for the twelve-month period immediately preceding the expiration or earlier termination of this Lease; or (b) the then currently-scheduled rent for comparable space in the building, as the same is reasonably determined in Landlord's sole business judgment. If Tenant shall hold the Premises after the expiration of the Term, then Tenant shall, subject to Landlord's written consent but without execution of a new lease, become a tenant at sufferance at a monthly rental equal to twice the Rent due under the terms of this Lease, commencing said tenancy Lease with the first day next after consent of Landlord, either express or implied, such holding over, in the end absence of the Term. Tenant, as a tenant at sufferancewritten agreement, shall be subject deemed to all of the conditions and covenants of this Lease as though the have created a tenancy had originally been a monthly tenancy. During the holdover period, each party hereto shall give to the other at least 30 from month-to-month terminable on thirty (30) days' written notice by either party to quit the Leased Premisesother, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. Notwithstanding the foregoing, if Landlord shall desire to regain possession of the Leased Premises by any legal action or process in force in the jurisdiction in which the Land is locatedupon a monthly-rent basis, and Landlord shall have otherwise subject to all the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss terms and provisions of profits or any other costs incurred by Landlord as a result of Tenant's failure or inability to deliver possession of the Leased Premises to Landlord when required under this Lease.

Holdover Tenancy. 23.01 If (without execution Tenant holds possession of a new lease or written ---------------- extension) Tenant shall holdover the Premises after the expiration or termination of the Lease Term, then by lapse of time or otherwise, Tenant shall, subject to Landlord's written consent but without execution of a new lease, shall become a tenant at sufferance at upon all of the terms contained herein, except as to Lease Term and Rent. During such holdover period, Tenant shall pay to Landlord a monthly rental equal equivalent to twice one hundred and fifty percent (150%) of the Rent due under payable by Tenant to Landlord with respect to the terms of this Lease, commencing said tenancy with the first day next after the end last month of the Lease Term. Tenant, The monthly rent payable for such holdover period shall in no event be construed as a tenant at sufferancepenalty or as liquidated damages for such retention of possession. All options, rights of first refusal, concessions and discounts, if any, granted under this Lease shall be subject deemed terminated and of no force or effect during such month-to-month tenancy. Without limiting the foregoing, Tenant hereby agrees to indemnify, defend and hold harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation, court costs and reasonable attorneys’ fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the conditions and covenants of this Lease as though the tenancy had originally been a monthly tenancy. During the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by TenantTerm. Notwithstanding the foregoing, if Tenant shall not be liable for any indirect, incidental or consequential damages in connection with or by reason of such retention of possession unless it has first received written notice from Landlord shall desire to regain that Landlord is in active negotiation with another party for the Premises and that Tenant’s retention of possession of the Leased Premises by any legal action may jeopardize such negotiations and subject Tenant to indirect, incidental or process in force in the jurisdiction in which the Land is located, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss of profits or any other costs incurred by Landlord consequential damages as a result of Tenant's failure or inability to deliver possession of the Leased Premises to Landlord when required under this Leaseresult.

Holdover Tenancy. If (without execution Tenant acknowledges that if it fails to deliver possession of a new lease the Premises to Landlord upon the expiration or written ---------------- extension) sooner termination of this Lease, Landlord shall incur substantial economic loss. In the event that Tenant shall holdover hold the Premises, or any part thereof, after the expiration of the Term, then Tenant shall, subject to Landlord's Term without the prior written consent but without execution of the Landlord, such holding shall constitute and be construed as a new lease, become a tenant tenancy at sufferance will only at a monthly daily rental equal to twice 150% of the greater of (a) the daily Annual Base Rent due under payable during the terms of this Lease, commencing said tenancy with the first day next after the end last month of the Term. Tenant, as a tenant at sufferance, shall be subject to all or (b) the daily rate for the then fair market rental rate of the conditions Premises, plus 100% of the daily rate of Additional Rent and covenants of other sums due under this Lease as though during the tenancy had originally been a monthly tenancylast month of the Lease Term. During the holdover period, each party hereto shall give In addition to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of such increased rental payment and any other covenant or default hereunder by Tenant (without giving effect liabilities to any notice or right to cure period)Landlord accruing therefrom, in which event Tenant shall not be entitled to any notice to quitindemnify and hold Landlord harmless from loss or liability resulting from such failure, including, without limiting the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. Notwithstanding generality of the foregoing, both direct and consequential liabilities and damages of Landlord arising from claims made by any succeeding tenant arising due to such failure if Landlord shall desire to regain possession Tenant holds the Premises, or any part thereof, after the expiration of the Leased Premises by Term without the prior written consent of Landlord or holds the Premises, or any legal action or process in force in part thereof, after the jurisdiction in which expiration of the Land is locatedTerm with Landlord's consent, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss of profits or any other costs incurred by Landlord as a result of Tenant's failure or inability fails to deliver possession of the Leased Premises in full to Landlord when required under this Leasewithin thirty (30) days following Landlord's written notice to Tenant that Landlord requires the Premises (or any portion thereof) for a prospective tenant. Nothing contained herein shall be construed as Landlord's consent for Tenant's holdover.

Holdover Tenancy. If (without execution Tenant holds possession of a new lease or written ---------------- extension) Tenant shall holdover the Premises after the expiration or termination of the TermTerm of this Lease, then by lapse of time or otherwise, with or without the express or implied consent of Landlord, Tenant shall, subject to Landlord's written consent but without execution of a new lease, shall become a tenant at sufferance at upon all of the terms contained herein, except as to Term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During such holdover period, Tenant shall pay to Landlord a monthly rental equal Base Rent equivalent to twice one hundred fifty percent (150%) of the greater of (a) Base Rent due under and Additional Rent payable by Tenant to Landlord during the terms last month of the Term of this Lease, commencing said tenancy with or (b) what a landlord under no compulsion to lease the first day next after Premises and a tenant under no compulsion to lease the end Premises would determine as rents (including Base Rent and rental increases), taking into consideration the uses permitted under this Lease, the quality, size, design, and location of the TermPremises, and the rent for comparable class A office buildings located in the vicinity of the Building. Tenant, The monthly rent payable for such holdover period shall in no event be construed as a tenant at sufferance, penalty or as liquidated damages for such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be subject to all of the conditions and covenants of this Lease as though the tenancy had originally been deemed a monthly tenancy. During the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenanthereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord's rights or remedies with respect to such holdover. Notwithstanding any provision to the foregoingcontrary contained herein, if (a) Landlord shall desire expressly reserves the right to regain require Tenant to surrender possession of the Leased Premises by upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any legal action or process in force in the jurisdiction in which the Land is located, time during any holdover and Landlord shall have the right to recover assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all direct or indirect costsclaims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs and expenses, legal expensesincluding, without limitation, all lost profits and other consequential damages, attorneys' fees, damages, loss of profits or any other consultants' fees and court costs incurred or suffered by or asserted against Landlord as a result by reason of Tenant's failure to surrender the Premises on the expiration or inability to deliver possession earlier termination of this Lease in accordance with the Leased Premises to Landlord when required under provisions of this Lease.

Holdover Tenancy. If (without execution Tenant holds possession of a new lease or written ---------------- extension) Tenant shall holdover the Premises after the expiration 01' termination of the TermTerm of this Lease, then by lapse of time or otherwise, with or without the express or implied consent of Landlord, Tenant shall, subject to Landlord's written consent but without execution of a new lease, shall become a tenant at sufferance at upon all of the terms contained herein, except as to Term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable, During such holdover period, Tenant shall pay to Landlord a monthly Base Rent equivalent to two hundred percent (200%) of the greater of (i) Landlord's then published asking rental equal rate or (ii) the Base Rent and Additional Rent payable by Tenant to twice Landlord during the Rent due under last month of the terms Term of this Lease, commencing said tenancy with the first day next after the end of the Term. Tenant, The monthly rent payable for such holdover period shall in no event be construed as a tenant at sufferancepenalty or as liquidated damages for such retention of possession, Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be subject to all of the conditions and covenants of this Lease as though the tenancy had originally been deemed a monthly tenancy. During the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to any holdover by Tenant. hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord's rights or remedies with respect to such holdover, Notwithstanding any provision to the foregoingcontrary contained herein, if (a) Landlord shall desire expressly reserves the right to regain require Tenant to surrender possession of the Leased Premises by upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any legal action or process in force in the jurisdiction in which the Land is located, time during any holdover and Landlord shall have the right to recover assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all direct or indirect costsclaims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs and expenses, legal expensesincluding, without limitation, all lost profits and other consequential damages, attorneys' fees, damages, loss of profits or any other consultants' fees and court costs incurred or suffered by or asserted against Landlord as a result by reason of Tenant's failure to surrender the Premises on the expiration or inability to deliver possession earlier termination of this Lease in accordance with the Leased Premises to Landlord when required under provisions of this Lease.

Holdover Tenancy. 20.1. If (without execution Subtenant holds possession of a new lease or written ---------------- extension) Tenant shall holdover the Sublease Premises after the expiration or termination of the Sublease Term, then Tenant shallby lapse of time or otherwise, subject to Landlord's written consent but without execution of a new lease, Subtenant shall become a tenant at sufferance at upon all of the terms contained herein, except as to Sublease Term and Rent. During such holdover period, Subtenant shall pay to Sublandlord a monthly rental equal equivalent to twice one hundred fifty percent (150%) of the Base Rent due payable by Subtenant to Sublandlord with respect to the last month of the Sublease Term. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession and all other payments, including Additional Rent shall continue under the terms of this Lease, commencing said tenancy with the first day next after Sublease. If the end Subtenant shall holdover and such holdover shall constitute a holdover and/or breach of the Lease in excess of ninety (90) days, then Subtenant, in addition to the foregoing holdover payments, hereby agrees to indemnify, defend and hold harmless Sublandlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation, court costs and reasonable attorneys’ fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession which obligations shall survive the expiration or termination of the Sublease Term. TenantIf such holdover is less than thirty (30) days, as a tenant at sufferancebut triggers holdover rent which Sublandlord is required to pay to Landlord, Subtenant shall be subject to all of the conditions and covenants of this Lease as though the tenancy had originally been a monthly tenancy. During the holdover period, each party hereto shall give to the other at least 30 days' written notice to quit the Leased Premises, except in the event of nonpayment of Rent when due, or the breach of any other covenant or default hereunder by Tenant (without giving effect to any notice or right to cure period), in which event Tenant shall not be entitled to any notice to quit, the usual 30 days' notice to quit being expressly waived. The foregoing shall not constitute Landlord's consent to reimburse Sublandlord for any holdover by Tenant. Notwithstanding the foregoing, if Landlord shall desire rent Sublandlord actually pays to regain possession of the Leased Premises by any legal action or process in force in the jurisdiction in which the Land is located, and Landlord shall have the right to recover all direct or indirect costs, expenses, legal expenses, attorneys' fees, damages, loss of profits or any other costs incurred by Landlord as a result of Tenant's failure Subtenant’s holdover, which reimbursement obligation shall survive the expiration or inability to deliver possession termination of the Leased Premises to Landlord when required under this LeaseSublease Term.