Common use of Holdover Clause in Contracts

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: (a) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s right to possession shall terminate on 30 days notice from Landlord; and (c) 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: Industrial Lease (CAPSTONE TURBINE Corp), D Lease (Harmonic Inc), Industrial Lease (InvenSense Inc)

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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: (ai) the Base Rent payable shall be increased to 150175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; Landlord and (ciii) 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: Keep Your Day (Smarterkids Com Inc), Second Lease Extension and Modification Agreement (Headhunter Net Inc), Smarterkids Com 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: (ai) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; Landlord and (ciii) 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 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: (ai) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; Landlord and (ciii) 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 4 contracts

Samples: Lease (Kyphon Inc), Lease (Kyphon Inc), Sonicwall 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: (a) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; and (c) 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 3 contracts

Samples: Industrial Lease (Excaliber Enterprises, Ltd.), Omneon Video Networks, Inc., Industrial Lease (Capstone Turbine Corp)

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: (a) Premises upon the Base Rent payable shall be increased to 150% expiration of the Base Rent applicable during the month immediately preceding such expiration Term or earlier termination; (b) Tenant’s right to possession shall terminate on 30 days notice from Landlord; and (c) 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: (a) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s right to possession shall terminate on 30 days notice from Landlord; and (c) 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, reasonable 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: 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 or any part thereof beyond the expiration or earlier termination of this Lease. If Tenant holds over with the consent of Landlord: (a) the Base Rent payable shall be increased to one hundred fifty percent (150% %) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s right to possession shall terminate on 30 thirty (30) days notice from Landlord; Landlord and (c) 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 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: (ai) the Base Rent payable shall be increased to 150175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; Landlord and (ciii) 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, 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 Agreement (Champion Industries 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: (aI) the Base Rent payable shall be increased to 150175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; Landlord and (ciii) 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 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 the consent of Landlord: (ai) the Base Rent payable shall be increased to 150175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; Landlord and (ciii) 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 (Adaptive Broadband Corp)

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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: (ai) the Base Rent payable shall be increased to 150175% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; Landlord and (ciii) 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 or any Landlord Entities 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.. 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: (a) the Base Rent payable shall be increased to one hundred fifty percent (150% %) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s right to possession shall terminate on 30 thirty (30) days notice from Landlord; Landlord and (c) 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, 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 1 contract

Samples: Commercial Lease Agreement (Aytu Biopharma, Inc)

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: (a) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s 's right to possession shall terminate on 30 days notice from Landlord; and (c) 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 -f-rom 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

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: (ai) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s 's right to possession shall terminate on 30 days days' notice from Landlord; Landlord and (ciii) 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: 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: (a) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s right to possession shall terminate on 30 days days’ notice from Landlord; and (c) 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 (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: (ai) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (bii) Tenant’s right to possession shall terminate on 30 days days-notice from Landlord; Landlord and (ciii) 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, 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’ legal 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: 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: (a) the Base Rent payable shall be increased to 150% of the Base Rent applicable during the month immediately preceding such expiration or earlier termination; (b) Tenant’s right to possession shall terminate on 30 days notice from Landlord; and (c) 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, reasonable 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. Landlord shall deliver prompt and reasonable written notice to Tenant of any such claims.

Appears in 1 contract

Samples: Industrial Lease (Mips Technologies Inc)

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