Common use of HOLDOVER TENANCY Clause in Contracts

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 Tenant holds possession of the Premises after the expiration or termination of the Lease Term, by lapse of time or otherwise, Tenant shall become a tenant at sufferance 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 equivalent to one hundred fifty percent (150%) of the Rent payable by Tenant to Landlord with respect to the last month of the Lease 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. 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 Lease Term.

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. 23.01 If Tenant holds possession of the Premises after the expiration or termination of the Lease Term, by lapse of time or otherwise, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to Lease Term and Rent. During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, Landlord a monthly rental equivalent to one hundred and fifty percent (150%) of the Rent payable by Tenant to Landlord with respect to the last month of the Lease 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. All options, rights of first refusal, concessions and discounts, if any, granted under this Lease shall be 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, 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 Lease Term. Notwithstanding the foregoing, 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 that Landlord is in active negotiation with another party for the Premises and that Tenant’s retention of possession of the Premises may jeopardize such negotiations and subject Tenant to indirect, incidental or consequential damages as a result.

HOLDOVER TENANCY. Nothing contained herein will be construed Regardless of whether or not (A) Tenant shall have delivered to give Landlord a Tenant’s Right of First Opportunity Notice, (B) Landlord shall have delivered to Tenant a Landlord’s Right of First Opportunity Notice and/or (C) Landlord and Tenant shall have entered into a Development Lease or a Development Agreement, Tenant shall have an express duty and obligation to surrender the right entire Premises to hold over at any timeLandlord, and Landlord may exercise any and all remedies at law upon the expiration or in equity to recover possession earlier termination of the PremisesLease Term or the Renewal Term, as well as any damages incurred by Landlord due to Tenant’s failure to vacate and deliver possession to Landlord as provided hereinif applicable. If If, however, Tenant holds shall hold possession of the Premises after the expiration or termination of the Lease Term or the Renewal Term, by lapse if applicable, in violation of time or otherwisethe foregoing express duty and obligation of Tenant to so surrender the Premises to Landlord, Tenant shall become a tenant at sufferance sufferance, upon all of the terms contained herein, except as to the term of this Lease and Rent. During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, Landlord a monthly rental equivalent to one hundred fifty percent (150%) of twice the Rent payable by Tenant to Landlord with respect to during the last month of the Lease Term. The monthly rent payable for such holdover period shall in no event shall be construed as a penalty or as liquidated damages for such retention of possession. Without limiting the foregoing, Tenant hereby agrees to shall indemnify, protect, defend and hold harmless Landlord, its beneficiary, and their respective agents, contractors and employees’s Parties, 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 Landlord’s Parties and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the Lease Term.

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 Tenant holds possession of the Premises after the expiration or termination of the Lease TermTerm of this Lease, by lapse of time or otherwise, with or without the express or implied consent of Landlord, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to RentTerm and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, Landlord a monthly rental Base Rent equivalent to one the greater of two hundred fifty percent (150200%) of (i) Landlord’s then published asking rental rate or (ii) the Base Rent and Additional Rent payable by Tenant to Landlord with respect to during the last month of the Lease TermTerm of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Without limiting Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the foregoingTerm, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. Notwithstanding any provision to the contrary contained herein, (a) Landlord expressly reserves the right to require Tenant hereby agrees to surrender possession of the Premises upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) Tenant shall indemnify, defend and hold Landlord harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilitiesdemands, actions, proceedings, losses, damages (damages, liabilities, obligations, penalties, costs and expenses, including, without limitation, directall lost profits and other consequential damages, indirect, incidental and consequential) and expenses (including, without limitation, court costs and reasonable attorneys’ fees) , consultants’ fees and court costs incurred or suffered by or asserted against or sustained by any such party and arising from or Landlord by reason of such retention of possession, which obligations shall survive Tenant’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the Lease Termprovisions of this Lease.

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 Tenant holds possession of the Premises after the expiration or termination of the Lease Term, by lapse of time or otherwise, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to Lease Term and Rent. During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, Landlord a monthly rental equivalent to one hundred fifty percent (150%) of the Rent payable by Tenant to Landlord with respect to the last month of the Lease 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. 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, 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 of termination of the Lease Term. If Tenant has assigned this Lease or subleased all or a portion of the Premises, Tenant shall be liable for the payment of all Rent and other charges due under this Lease during any holding over by Tenant's assignee or any transfer of Tenant's assignee whether such holding over was with or without the consent of Tenant.

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 herein20.1. If Tenant Subtenant holds possession of the Sublease Premises after the expiration or termination of the Lease Sublease Term, by lapse of time or otherwise, Tenant Subtenant shall become a tenant at sufferance upon all of the terms contained herein, except as to Sublease Term and Rent. During such holdover period, Tenant Subtenant shall pay to Landlord, on the first day of each applicable month, Sublandlord a monthly rental equivalent to one hundred fifty percent (150%) of the Base Rent payable by Tenant Subtenant to Landlord Sublandlord with respect to the last month of the Lease 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 possessionpossession and all other payments, including Additional Rent shall continue under the terms of the Sublease. Without limiting If the foregoingSubtenant shall holdover and such holdover shall constitute a holdover and/or breach of the Lease in excess of ninety (90) days, Tenant then Subtenant, in addition to the foregoing holdover payments, hereby agrees to indemnify, defend and hold harmless LandlordSublandlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including, 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, possession which obligations shall survive the expiration or termination of the Lease Sublease Term. If such holdover is less than thirty (30) days, but triggers holdover rent which Sublandlord is required to pay to Landlord, Subtenant shall reimburse Sublandlord for any holdover rent Sublandlord actually pays to Landlord as a result of Subtenant’s holdover, which reimbursement obligation shall survive the expiration or termination of the Sublease Term.

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 Tenant holds possession of the Premises after the expiration or termination of the Lease TermTerm of this Lease, by lapse of time or otherwise, with or without the express or implied consent of Landlord, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to RentTerm and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, Landlord a monthly rental Base Rent equivalent to the greater of one hundred fifty percent (150%) for the first thirty (30) days (and two hundred percent (200%) thereafter) of (i) Landlord's then published asking rental rate or (ii) the Base Rent and Additional Rent payable by Tenant to Landlord with respect to during the last month of the Lease TermTerm of this Lease. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Without limiting Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the foregoingTerm, or any waiver of any of Landlord's rights or remedies with respect to such holdover. Notwithstanding any provision to the contrary contained herein, (a) Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) if Landlord provides Tenant with at least sixty (60) days prior written notice that Landlord has a signed proposal or lease from a succeeding arm's length tenant to lease the Premises, and if Tenant fails to surrender the Premises upon the later of ("Consequential Damages Date") (i) the date of expiration of such sixty (60) day period, or (ii) thirty (30) days following the date of expiration or earlier termination of this Lease, Tenant hereby agrees to shall indemnify, defend and hold Landlord harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilitiesdemands, actions, proceedings, losses, damages (damages, liabilities, obligations, penalties, costs and expenses, including, without limitation, directall lost profits and other consequential damages, indirectattorneys' fees, incidental consultants' fees and consequential) and expenses (including, without limitation, court costs and reasonable attorneys’ fees) incurred or suffered by or asserted against or sustained by any such party and arising from or Landlord by reason of such retention Tenant's failure to surrender the Premises on or before the Consequential Damages Date in accordance with the provisions of possession, which obligations shall survive the expiration or termination of the Lease Termthis Lease.

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 Tenant holds possession of the Premises shall holdover after the expiration or termination Lease Expiration Date, Tenant shall be deemed a tenant at sufferance. During such tenancy, Tenant agrees to pay to Landlord, monthly in advance, an amount equal to two (2) times the Rent which would otherwise become due (based on Base Rent and Tenant's Pro Rata Share of Operating Costs payable for the last full calendar month of the Lease Term, by lapse of time or otherwise, Tenant shall become a tenant at sufferance upon together with 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 equivalent to one hundred fifty percent (150%) of the Rent other amounts payable by Tenant to Landlord under this Lease), and to be bound by all of the terms, covenants and conditions herein specified. Upon Tenant's surrender of the Leased Premises as provided herein, such portion of the Rent paid which may be allocable to the period following such surrender may, in addition to all other rights and remedies hereunder, at law, in equity, or otherwise, be credited by Landlord to any other amounts owed to or damages incurred by Landlord as a result of such holdover or otherwise or, if no such amounts are owed or damages have been incurred, refunded to Tenant. If Landlord relets the Leased Premises or any portion thereof to a new tenant and the term of such new lease commences during the period for which Tenant holds over, Landlord shall also be entitled to recover from Tenant all costs and expenses, attorneys fees, damages or loss of profits incurred by Landlord as a result of Tenant's failure to deliver possession of the Leased Premises to Landlord when required under this Lease. Nothing contained in this Paragraph 12.2 shall be deemed or otherwise construed to limit Landlord's rights to recover damages from Tenant under any other provision of this Lease, and the rights and remedies contained in this Paragraph 12.2 shall be cumulative with respect to the last month of the Lease 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. Without limiting the foregoing, Tenant hereby agrees each other and with respect to indemnify, defend and hold harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claimsother rights and remedies of Landlord hereunder, liabilitiesat law, actionsin equity, 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 Lease Termotherwise.

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 Tenant holds remains in possession of the Premises after the expiration of the Term or earlier termination of the Lease Termthis Lease, by lapse of time or otherwisewhatever cause arising, Tenant shall will become a tenant at sufferance upon all of the terms contained hereinand conditions of this Lease, except as to Rent. During provided that, during any such holdover period, Tenant shall will pay to Landlord, on the first day of each applicable month, Landlord a monthly rental amount for use and occupancy equivalent to one hundred and fifty percent (150%) of the Fixed Rent and Additional Rent payable by Tenant to Landlord with respect 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 last month of the Lease Termtaxing authority or provider. The monthly rent amount payable for such holdover period shall will in no event be construed as a penalty or as liquidated damages for such retention of possessionpossession 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. Without limiting In addition to and without limitation on the foregoing, Tenant hereby agrees to indemnify, defend and hold harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and Landlord 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 will survive the expiration of the Term or other termination of the Lease Termthis Lease.

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 Tenant holds possession of the Premises after the expiration or 01' termination of the Lease TermTerm of this Lease, by lapse of time or otherwise, with or without the express or implied consent of Landlord, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to Rent. Term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable, During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, Landlord a monthly rental Base Rent equivalent to one two hundred fifty percent (150200%) of the greater of (i) Landlord's then published asking rental rate or (ii) the Base Rent and Additional Rent payable by Tenant to Landlord with respect to during the last month of the Lease Term. Term of this Lease, The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Without limiting , Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the foregoingTerm, or any waiver of any of Landlord's rights or remedies with respect to such holdover, Notwithstanding any provision to the contrary contained herein, (a) Landlord expressly reserves the right to require Tenant hereby agrees to surrender possession of the Premises upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) Tenant shall indemnify, defend and hold Landlord harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilitiesdemands, actions, proceedings, losses, damages (damages, liabilities, obligations, penalties, costs and expenses, including, without limitation, directall lost profits and other consequential damages, indirectattorneys' fees, incidental consultants' fees and consequential) and expenses (including, without limitation, court costs and reasonable attorneys’ fees) incurred or suffered by or asserted against or sustained by any such party and arising from or Landlord by reason of such retention of possession, which obligations shall survive Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the Lease Termprovisions of this Lease.

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. 23.01 If Tenant holds possession of the Premises after the expiration or termination of the Lease Term, by lapse of time or otherwise, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to Lease Term and Rent. During such holdover period, Tenant shall pay to Landlord, on Landlord a monthly rental equivalent to one hundred twenty five percent (125%) of the Rent Payable by Tenant to Landlord with respect to the last month of the Lease Term for the first day of each applicable month, thirty (30) days Tenant holds over. Tenant shall pay to Landlord a monthly rental equivalent to one hundred fifty percent (150%) of the Rent payable Payable by Tenant to Landlord with respect to the last month of the Lease TermTerm for any period beyond thirty (30) days. 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. All options, rights of first refusal, concessions and discounts, if any, granted under this Lease shall be 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, 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 Lease Term.

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 Tenant holds possession of the Premises after the expiration or termination of the Lease TermTerm of this Lease, by lapse of time or otherwise, with or without the express or implied consent of Landlord, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to RentTerm and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During such holdover period, Tenant shall pay to Landlord, on the first day of each applicable month, Landlord a monthly rental Base Rent equivalent to one hundred fifty percent (150%) of the greater of (i) the Base Rent payable by Tenant to Landlord with respect to during the last month of the Lease TermTerm of this Lease, and (ii) Landlord’s then prevailing rate for space in the 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. Without limiting Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the foregoingTerm, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. Notwithstanding any provision to the contrary contained herein, (a) Landlord expressly reserves the right to require Tenant hereby agrees to surrender possession of the Premises upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover, and (b) Tenant shall indemnify, defend and hold Landlord harmless Landlord, its beneficiary, and their respective agents, contractors and employees, from and against any and all claims, liabilitiesdemands, actions, proceedings, losses, damages (includingdamages, without limitationliabilities, directobligations, indirectpenalties, incidental and consequential) costs and expenses (including, without limitation, court costs and reasonable attorneys’ fees) incurred or suffered by or asserted against or sustained by any such party and arising from or Landlord by reason of such retention of possession, which obligations shall survive Tenant’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the Lease Termprovisions of this Lease; provided, however, that Landlord shall not be entitled to any damages incurred by Landlord due to the loss of a 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 the execution of a lease and the date Landlord, pursuant to such lease, intends to deliver the Premises or any portion thereof to the prospective tenant at least thirty (30) days prior to such date.