Common use of HOLDOVER TENANTS Clause in Contracts

HOLDOVER TENANTS. The rent abatement and termination rights for late delivery of the Premises set forth in the Work Agreement attached hereto as Exhibit B‑1 shall not be applicable to late delivery of the Expansion Premises and Tenant’s remedies shall instead be as set forth in this Section 11.1(B)(4). In the event that any tenant of any portion of the Expansion Premises and any parties claiming by, through or under such tenant wrongfully fails to deliver possession of such premises at the time when such tenant’s tenancy is scheduled to expire, Landlord shall use or shall cause its affiliates to use, as applicable, reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to recover from such occupant any Expansion Premises Hold Over Premium (as defined below) payable by such occupant. In such event, the commencement of the term of Tenant’s occupancy and lease of the Expansion Premises (including, without limitation, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect thereto) shall, in the event of such holding over by such occupant, be deferred until possession of such space is delivered to Tenant. The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against or withhold Annual Fixed Rent or Additional Rent (or any portions thereof); provided, however, that Tenant shall have the right to require Landlord to pay to Tenant fifty percent (50%) of the net amount (i.e. net of the costs and expenses, including, attorneys’ fees, incurred by Landlord in obtaining such Expansion Premises Hold Over Premium) of any Expansion Premises Hold-Over Premium received by Landlord from such hold-over occupant relative to periods from and after the thirty-first (31st) day of any hold-over, when and if Landlord receives any such payment. For the purposes hereof, the term “Expansion Premises Hold Over Premium” shall be defined as the amount (if any) which a hold-over occupant of any portion of the Expansion Premises is required to pay to Landlord in respect of its hold-over in the Expansion Premises (whether characterized as rent, damages, or use and occupation) in excess of the amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancy.

HOLDOVER TENANTS. The rent abatement and termination rights for late delivery of the Premises set forth in the Work Agreement attached hereto as Exhibit B‑1 shall not be applicable to late delivery of the Expansion Premises and Tenant’s remedies shall instead be as set forth in this Section 11.1(B)(4). In the event that any tenant of (A) If any portion of the any Premises Component with respect to which Tenant has duly exercised its rights under this Article XVII (any such space being hereinafter referred to as “Tenant’s Expansion Premises Space”) is occupied by a third party and any parties claiming by, through or under if such tenant wrongfully third party occupant fails to deliver possession of such premises at space on or before the time when Anticipated Delivery Date associated with such tenantTenant’s tenancy is scheduled to expireExpansion Space, Landlord shall use or shall cause its affiliates to use, as applicable, reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space space, and to recover from such occupant any Expansion Premises Hold Hold-Over Premium (Premium, as defined in Section 17.9(B) below) , payable by such occupant. In such event, the commencement of the term of Tenant’s occupancy and lease of the Expansion Premises (including, without limitation, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect thereto) shall, in the event of such holding over by such occupant, be deferred until possession of such space is delivered to Tenant. The failure of the then occupant of such premises space to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against or withhold Annual Fixed Rent, Additional Rent or Additional Rent any other amount payable under this Lease (or any portions thereof); providedexcept that if such hold over exceeds six (6) months, however, that then Tenant shall have may cancel the right exercise of its option to require Landlord to pay to Tenant fifty percent (50%) of the net amount (i.e. net of the costs and expenses, including, attorneys’ fees, incurred by Landlord in obtaining lease such Expansion Premises Hold Over Premium) of any Expansion Premises Hold-Over Premium received by Landlord from such hold-over occupant relative to periods from and after the thirty-first (31st) day of any hold-over, when and if Landlord receives any such payment. For the purposes hereof, the term “Expansion Premises Hold Over Premium” shall be defined as the amount (if any) which a hold-over occupant of any portion of the Tenant’s Expansion Premises is required to pay Space by giving to Landlord in respect a written cancellation notice (an “Expansion Cancellation Notice”). If Landlord, on or before the date thirty (30) days after Landlord receives such cancellation notice, delivers such Tenant’s Expansion Space to Tenant, then such cancellation notice shall be void and without further force or effect. If Landlord fails to deliver such Tenant’s Expansion Space on or before the date thirty (30) days after Landlord receives such cancellation notice, then Tenant’s exercise of its hold-over in the Expansion Premises (whether characterized as rent, damages, or use and occupation) in excess of the amount of fixed rent and other charges which the tenant under whom right to lease such occupant claims would have been required to pay to Landlord had the term portion of such tenantTenant’s lease been extended throughout the period of such hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancyExpansion Space shall be void and without further force or effect.

HOLDOVER TENANTS. The rent abatement If Tenant shall timely exercise its rights under this Section 2.3 with respect to the Available ROFO Space designated in Landlord’s ROFO Notice and termination rights for late delivery if, thereafter, the then occupant of the Premises set forth in the Work Agreement attached hereto as Exhibit B‑1 Available ROFO Space with respect to which Tenant shall not be applicable to late delivery of the Expansion Premises and Tenant’s remedies shall instead be as set forth in this Section 11.1(B)(4). In the event that any tenant of any portion of the Expansion Premises and any parties claiming by, through or under have so exercised such tenant right wrongfully fails to deliver possession of such premises at the time when such tenant’s its tenancy is scheduled to expire, Landlord shall use or shall cause its affiliates to use, as applicable, reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to recover from such occupant any Expansion Premises Hold Over Premium (as defined below) payable by such occupantdeliver possession thereof to Tenant. In such event, the commencement of the term of Tenant’s occupancy and lease of the Expansion Premises (including, without limitation, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect thereto) such additional space shall, in the event of such holding over by such occupant, be deferred until possession of such the additional space is delivered to Tenant. If any sums are recovered from the holdover tenant, they shall be paid as follows: first, to reimburse Landlord for any legal fees incurred to collect same and recover possession; second, Landlord shall be entitled to receive and retain from payments by or amounts recovered from such holdover tenant (whether as use and occupancy payments, damages or otherwise) the amount of rent that Tenant would by paying Landlord if possession was timely delivered; and third, Tenant shall be entitled to receive and retain from payments by or amounts otherwise received from such holdover tenant any damages to which Landlord would otherwise be entitled as well as any use and occupancy or other payments that are in excess of the rent Tenant would be paying Landlord (not taking into account any rent abatement) if possession was timely delivered. The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against or withhold Annual Fixed Rent or Additional Rent (or any portions thereof); except that if such hold-over exceeds six (6) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Available ROFO Space by giving to Landlord a written cancellation notice, provided, however, that Tenant shall have if Landlord delivers the right to require Landlord to pay Available ROFO Space to Tenant fifty percent on or before the date thirty (50%30) of the net amount (i.e. net of the costs and expenses, including, attorneys’ fees, incurred by Landlord in obtaining such Expansion Premises Hold Over Premium) of any Expansion Premises Hold-Over Premium received by Landlord from such hold-over occupant relative to periods from and days after the thirty-first (31st) day of any hold-over, when and if Landlord receives any such payment. For the purposes hereofcancellation notice, the term “Expansion Premises Hold Over Premium” such cancellation notice shall be defined as the amount (if any) which a hold-over occupant of any portion of the Expansion Premises is required to pay to Landlord in respect of its hold-over in the Expansion Premises (whether characterized as rent, damages, void and without further force or use and occupation) in excess of the amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancyeffect.

HOLDOVER TENANTS. The rent abatement If Tenant shall timely exercise its rights under this Section 2.9 with respect to any Available ROFO Space designated in Landlord’s ROFO Notice, and termination rights for late delivery if, thereafter, the then occupant of the applicable Available ROFO Premises set forth in the Work Agreement attached hereto as Exhibit B‑1 with respect to which Tenant shall not be applicable to late delivery of the Expansion Premises and Tenant’s remedies shall instead be as set forth in this Section 11.1(B)(4). In the event that any tenant of any portion of the Expansion Premises and any parties claiming by, through or under have so exercised such tenant right wrongfully fails to deliver possession of such premises Available ROFO Space at the time when such tenant’s its tenancy is scheduled to expire, Landlord shall use or shall cause its affiliates to use, as applicable, reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to recover from such occupant any Expansion Premises Hold Over Premium (as defined below) payable by such occupant. In such event, the commencement of the term of Tenant’s occupancy and lease of the Expansion Premises (including, without limitation, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect thereto) such additional space shall, in the event of such holding over by such occupant, be deferred until possession of such the additional space is delivered to Tenant. The Landlord shall use commercially reasonable efforts to obtain possession of such ROFO Premises; provided, however, Landlord shall not be obligated commence legal proceedings against the holdover tenant. Except as set forth in this paragraph, the failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against against, or withhold Annual Fixed Rent or Additional Rent (or other charges payable under this Lease or any portions thereof); . If any such hold-over exceeds six (6) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Available ROFO Space by giving to Landlord a written cancellation notice, provided, however, that Tenant shall have if Landlord delivers the right to require Landlord to pay Available ROFO Space to Tenant fifty percent on or before the date thirty (50%30) of the net amount (i.e. net of the costs and expenses, including, attorneys’ fees, incurred by Landlord in obtaining such Expansion Premises Hold Over Premium) of any Expansion Premises Hold-Over Premium received by Landlord from such hold-over occupant relative to periods from and days after the thirty-first (31st) day of any hold-over, when and if Landlord receives any such payment. For the purposes hereofcancellation notice, the term “Expansion Premises Hold Over Premium” such cancellation notice shall be defined as the amount (if any) which a hold-over occupant of any portion of the Expansion Premises is required to pay to Landlord in respect of its hold-over in the Expansion Premises (whether characterized as rent, damages, void and without further force or use and occupation) in excess of the amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancyeffect.

HOLDOVER TENANTS. The rent abatement If Tenant shall timely exercise its rights under this Section 8 with respect to the Additional Space designated in Landlord’s ROFO Notice and termination rights for late delivery if, thereafter, the then occupant of the Premises set forth in the Work Agreement attached hereto as Exhibit B‑1 Additional Space with respect to which Tenant shall not be applicable to late delivery of the Expansion Premises and Tenant’s remedies shall instead be as set forth in this Section 11.1(B)(4). In the event that any tenant of any portion of the Expansion Premises and any parties claiming by, through or under have so exercised such tenant right wrongfully fails to deliver possession of such premises at the time when such tenant’s its tenancy is scheduled to expire, Landlord shall use or shall cause its affiliates to use, as applicable, reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to recover from such occupant any Expansion Premises Hold Over Premium (as defined below) payable by such occupantdeliver possession thereof to Tenant. In such event, the commencement of the term of Tenant’s occupancy and lease of the Expansion Premises (including, without limitation, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect thereto) such additional space shall, in the event of such holding over by such occupant, be deferred until possession of such the additional space is delivered to Tenant. The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against or withhold Annual Fixed Rent annual fixed rent or Additional Rent (or any portions thereof)additional rent; provided, however, that Tenant shall have the right to require Landlord to pay to Tenant fifty percent (50%) of the net amount (i.e. net of the costs and expenses, including, including attorneys’ fees, incurred by Landlord in obtaining such Expansion Premises ROFO Hold Over Premium) amount of any Expansion Premises Hold-ROFO Hold Over Premium received by Landlord from such hold-hold over occupant relative to periods from and after the thirty-first (31st) day of any hold-overoccupant, when and if Landlord receives any such payment. For the purposes hereof, the term “Expansion Premises ROFO Hold Over Premium” shall be defined as the amount (if any) which a hold-hold over occupant of any portion of the Expansion Premises is required to pay Additional Space actually pays to Landlord in respect of its hold-hold over in the Expansion Premises premises (whether characterized as rent, damages, or use and occupation) in excess of the amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold-hold over at the same rental rate as such tenant was required to pay during the last month of its tenancy. If any such hold-over exceeds nine (9) months, then Tenant may, within ten (10) business days after such date, cancel the exercise of its option to lease the Additional Space by giving to Landlord a written cancellation notice, provided, however, that if Landlord delivers the Additional Space to Tenant on or before the date thirty (30) days after Landlord receives such cancellation notice, such cancellation notice shall be void and without further force or effect.

HOLDOVER TENANTS. The rent abatement and termination rights for late delivery of the Premises set forth in the Work Agreement attached hereto as Exhibit B‑1 B-1 shall not be applicable to late delivery of the Expansion any Available ROFO Premises and Tenant’s remedies shall instead be as set forth in this Section 11.1(B)(42.4(F). In If Tenant shall timely exercise its rights under this Section 2.4 with respect to the event that any tenant of any portion Available ROFO Space designated in Landlord’s ROFO Notice and if, thereafter, the then occupant of the Expansion Premises and any parties claiming by, through or under Available ROFO Space with respect to which Tenant shall have so exercised such tenant right wrongfully fails to deliver possession of such premises at the time when such tenant’s its tenancy is scheduled to expire, Landlord shall use or shall cause its affiliates to use, as applicable, reasonable efforts and due diligence (which shall be limited to the commencement and prosecution of an eviction proceeding within sixty (60) days after the date on which the hold-over commences, but shall not require the taking of any appeal) to evict such occupant from such space and to recover from such occupant any Expansion Premises Hold Hold-Over Premium (as defined below) payable by such occupant. In such event, the commencement of the term of Tenant’s occupancy and lease of the Expansion Premises (including, without limitation, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect thereto) such additional space shall, in the event of such holding over by such occupant, be deferred until possession of such the additional space is delivered to Tenant. The failure of the then occupant of such premises to so vacate shall not constitute a default or breach by Landlord and shall not give Tenant any right to terminate this Lease or to deduct from, offset against or withhold Annual Fixed Rent or Additional Rent (or any portions thereof); provided, however, that Tenant shall have the right to require Landlord to pay to Tenant fifty percent (50%) of the net amount (i.e. net of the costs and expenses, including, attorneys’ fees, incurred by Landlord in obtaining such Expansion Premises Hold Hold-Over Premium) amount of any Expansion Premises Hold-Over Premium received by Landlord from such hold-over occupant relative to periods from and after the thirty-first (31st) day of any hold-over, when and if Landlord receives any such payment. For the purposes hereof, the term “Expansion Premises Hold Hold-Over Premium” shall be defined as the amount (if any) which a hold-over occupant of any portion of the Expansion Premises Available ROFO Space is required to pay to Landlord in respect of its hold-over in the Expansion Premises premises (whether characterized as rent, damages, or use and occupation) in excess of the amount of fixed rent and other charges which the tenant under whom such occupant claims would have been required to pay to Landlord had the term of such tenant’s lease been extended throughout the period of such hold-over at the same rental rate as such tenant was required to pay during the last month of its tenancy. 100 Xxxxxx Xxxxxx – Mimecast Lease EXECUTED in two or more counterparts each of which shall be deemed to be an original. LANDLORD: 100 XXXXXX XXXXXX TRUST u/d/t dated May 6, 1985 Recorded with the Middlesex South District Registry of Deeds in Book 16197, Page 583, as amended WITNESS: By: \s\ Dxxxx Xxxxxxx Name: Dxxxx Xxxxxxx Title: By Delegation on behalf of the Trustees WITNESS: TENANT: MIMECAST NORTH AMERICA, INC., a Delaware corporation \s\ Txxxxx Xxxxxx By: \s\ Pxxxx X. Xxxxxxxx Name: Pxxxx X. Xxxxxxxx Title: CFO Hereunto duly authorized 100 Xxxxxx Xxxxxx – Mimecast Lease EXHIBIT A DESCRIPTION OF SITE The land with the buildings and improvements thereon situated in the Town of Lexington and the City of Waltham, Middlesex County , Massachusetts being shown on a plan entitled, “Plan of Land in Lexington, Mass. and Waltham, Mass." dated January 18, 1984 revised March 19, 1984 drawn by R. E. Cameron & Associates, Inc., Civil Engineers recorded with Middlesex South Deeds in Book 15803, Page 212 as Plan 1127 of 1984, and more particularly described as follows :: Beginning at a stone bound on the Lexington/Waltham town line, thence; N9-12-32W 1447.13 feet along Northern Circumferential Highway (Route 128) to a stone bound, thence; N39-48-23E 132.22 feet to a stone bound thence; N59-18-34E 384.16 feet, the last two courses by ramp to Rte. 2 thence; S26-59-10E 125.16 feet to a drill hole, thence; S28-15-30E 53.17 feet to a drill hole, thence; S18-58-40E 40.90 feet to a drill hole, thence; S27-06-00E 123.08 feet to a drill hole, thence; S26-34-20E 167.00 feet to a drill hole, thence; S26-55-40E 212.91 feet to a drill hole, the last six courses by land now or formerly of Dxxxx Xxxxx, thence; S26-22-20E 235.97 feet by land now or formerly of Fxxxxxx X. and Txxxxx X. Xxxxxxxxx to a drill hole, thence; S27-14-50E 272.18 feet by land now or formerly of Jxxxx X. and Bxxxxx Xxxxxxx to a drill hole, thence; S26-01-20E 152.23 feet by land now or formerly of Jxxxx X. and Bxxxxx Xxxxxxx and Jxxx Xxxxxxx and Bxxxxxx Xxxxx, thence; S29-19-00E 80.28 feet to a drill hole, thence; S25-07-40E 45.14 feet to a drill hole by land now or formerly of Gxxxxx X. and Mxxxxxx X. Xxxxxxxx, thence S30-43-20E 106.95 feet to a drill hole by land now or formerly of Dxxxxxxx Xx. and Cxxxxxxxx X. Xxxxxx, thence; S24-41-20E 211.32 feet to a drill hole, thence; S10-58-35E 16.32 feet to a drill hole, thence; Exhibit A 100 Xxxxxx Xxxxxx – Mimecast Lease S26-50-00W 34.41 feet to a drill hole, thence; S43-58-40W 35.26 feet to a drill hole, thence; S38-40-15W 51.11 feet the last four and one-half courses by Wxxxxx X. and Exxxxxxxx X. Xxx, thence; S63-09-29E 473.00 feet to said Fox land, thence; S6-40-02W 350.00 feet by Spring Street, thence; S66-17-44E 9.91 feet by the Lexington/Waltham town line, thence; S7-18-13W 66.00 feet by Sxxxx Street, thence; N66-14-17W 9.11 feet to a concrete bound, thence; N66-14-17W 133.28 feet to a drill hole, thence; N65-05-29W 181.26 feet to a drill hole, thence; N65-53-34W 136.03 feet, thence; N65-14-54W 233.50 feet to a drill hole, thence; N61-43-52W 32.34 feet, thence; N64-09-50W 71.66 feet, thence; N69-26-07W 107.21 feet, thence; N66-07-42W 98.54 feet, thence; N62-12-30W 29.90 feet, thence; N69-32-17W 30.01 feet, thence; N65-08-00W 183.06 feet, thence N67-16-12W 173.56 feet, thence; N67-06-03W 12.54 feet, the last 14 courses by land of Honeywell, thence; Along a curve to the left of radius 5150.00 feet, 38.33 feet, by Route 128, thence; N9-12-32W 25.33 feet, again by Route 128, to the point of beginning. Together with the benefit of the easement taken by the Commonwealth of Massachusetts by instrument recorded at Book 9622, Page 252 Said premises are subject to easements, agreements, restrictions and other matters of record insofar as in force and applicable.. Exhibit A 100 Xxxxxx Xxxxxx – Mimecast Lease EXHIBIT A-1 SITE PLAN OF THE COMPLEX 100 Xxxxxx Xxxxxx – Mimecast Lease EXHIBIT B-1 WORK AGREEMENT