Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 5 contracts
Samples: Keep Your Day (Smarterkids Com Inc), Second Lease Extension and Modification Agreement (Headhunter Net Inc), Brightstar Corp.
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's ’s right to possession shall terminate on 30 days notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend defend, and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs costs, and expenses, including, without limitation, attorneys' ’ fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 5 contracts
Samples: Industrial Lease (CAPSTONE TURBINE Corp), D Lease (Harmonic Inc), Industrial Lease (InvenSense Inc)
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 4 contracts
Samples: Lease (Harmonic Inc), Lease (Harmonic Inc), Harmonic Inc
Holdover. Tenant has no right to retain possession of the Premises or -------- any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 4 contracts
Samples: Lease (Kyphon Inc), Lease (Kyphon Inc), Cost U Less Inc
Holdover. If Tenant has no right to retain possession holds over in occupancy of the Premises or any part thereof beyond after the expiration of the Term, Tenant shall become a tenant at sufferance only, at a rental rate equal to two hundred (150%) percent of the Rent in effect at the end of the Term, and otherwise subject to the terms and conditions herein specified, so far as applicable, and shall be liable for all damages sustained by Landlord on account of such holding over. This Section shall not operate as a waiver of any right of reentry provided in this Lease, and Landlord’s acceptance of rent after expiration of the Term or earlier termination of this LeaseLease shall not constitute consent to a holdover or result in a renewal. If Tenant holds over with fails to surrender the consent of Landlord: (i) Premises upon the Base Rent payable shall be increased to 175% expiration of the Base Rent applicable during the month immediately preceding such expiration Term or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent termination despite demand by Landlord to any holding over by Tenant. do so, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expensesloss or liability, including, without limitation, attorneys' fees incurred or suffered any claim made by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Leaseany succeeding tenant resulting from such failure.
Appears in 3 contracts
Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's ’s right to possession shall terminate on 30 days notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend defend, and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs costs, and expenses, including, without limitation, reasonable attorneys' ’ fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 3 contracts
Samples: Pacific Biosciences of California Inc, Pacific Biosciences of California Inc, Pacific Biosciences of California Inc
Holdover. Tenant has no right to retain possession of the Premises demised premises or any part thereof beyond the expiration or earlier termination of this Leaselease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier terminationtermination and Tenant hereby waives any statutory required notice or demand for possession prior to its obligation to pay such increased Base Rent during such holdover period; (iib) Tenant's right to possession shall terminate on 30 days notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises demised premises on the expiration or earlier termination of this Lease lease in accordance with the provisions of this Leaselease.
Appears in 3 contracts
Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's right to possession shall terminate on 30 days notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend defend, and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs costs, and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 3 contracts
Samples: Industrial Lease (Excaliber Enterprises, Ltd.), Omneon Video Networks, Inc., Industrial Lease (Capstone Turbine Corp)
Holdover. Tenant has no right to retain possession of the Premises demised premises or any part thereof beyond the expiration or earlier termination of this Leaselease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier terminationtermination and Tenant hereby waives any statutory required notice or demand for possession prior to its obligation to pay such increased Base Rent during such holdover period; (iib) Tenant's right to possession shall terminate on 30 days notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by TenantXxxxxx. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of TenantXxxxxx's failure to surrender the Premises demised premises on the expiration or earlier termination of this Lease lease in accordance with the provisions of this Leaselease.
Appears in 3 contracts
Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175% one hundred fifty percent (150%) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's ’s right to possession shall terminate on 30 thirty (30) days notice from Landlord and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' ’ fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 2 contracts
Samples: Lease (Neos Therapeutics, Inc.), Lease (Neos Therapeutics, Inc.)
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by EXHIBIT SECTION EXHIBIT (10.2) Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's ’s right to possession shall terminate on 30 days days’ notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend defend, and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs costs, and expenses, including, without limitation, attorneys' ’ fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Samples: Lease (Clean Energy Fuels Corp.)
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord or any Landlord Entities by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.. 16.10
Appears in 1 contract
Samples: Industrial Lease (Abgenix Inc)
Holdover. Tenant has no right to retain possession of the Premises or -------- any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (iI) the Base Rent payable shall be increased to 175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Asd Systems Inc)
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with or without the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iiib) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend defend, and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs costs, and expenses, including, without limitation, attorneys' ’ fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's ’s right to possession shall terminate on 30 days days-notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by TenantTxxxxx. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' legal fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Samples: PLX Pharma Inc.
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175% one hundred fifty percent (150%) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's ’s right to possession shall terminate on 30 thirty (30) days notice from Landlord and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by TenantXxxxxx. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' ’ fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150.00% of the Base Rent applicable during the month immediately preceding such expiration or earlier terminationtermination and Tenant hereby waives any statutory required notice or demand for possession prior to its obligation to pay such increased Base Rent during such holdover period; (iib) Tenant's right to possession shall terminate on 30 days days' notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend (with counsel satisfactory to Landlord), protect and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Carrollton Bancorp)
Holdover. Tenant has no right to retain possession of the Premises or any part thereof partthereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's right to possession shall terminate on 30 days notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease shall 'continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend defend, and hold Landlord harmless from -f-rom and against any and all claims, demands, actions, losses, damages, obligations, costs costs, and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Samples: Singing Machine Co Inc
Holdover. Tenant has no right to retain possession of the Premises or -------- any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Samples: Lease (Adaptive Broadband Corp)
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (i) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (ii) Tenant's right to possession shall terminate on 30 days days' notice from Landlord and (iii) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 1 contract
Samples: Suntek Corp
Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (ia) the Base Rent payable shall be increased to 175150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (iib) Tenant's ’s right to possession shall terminate on 30 days notice from Landlord Landlord; and (iiic) all other terms and conditions of this Lease shall continue to apply. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. Tenant shall indemnify, defend defend, and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs costs, and expenses, including, without limitation, reasonable attorneys' ’ fees incurred or suffered by Landlord by reason of Tenant's ’s failure to surrender the Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease. Landlord shall deliver prompt and reasonable written notice to Tenant of any such claims.
Appears in 1 contract