Common use of No Right To Holdover Clause in Contracts

No Right To Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. In the event that Tenant holds over in violation of this Paragraph 25, the Base Rent payable from and after the time of the expiration or earlier termination of this Lease shall be increased to (a) for the first two (2) months of such holdover, one hundred twenty five percent (125%) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination, and (b) thereafter, one hundred fifty percent (150%) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination. Additionally, in the event that upon the expiration or earlier termination of the Lease, and following written notice from Landlord to Tenant and Tenant’s failure to cure within ten (10) business days thereafter, Tenant has not fulfilled its obligation with respect to restoration, repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from Tenant’s holding over for more than thirty (30) days after the expiration or earlier termination of this Lease, including, without limitation, the cost of unlawful detainer proceedings instituted by Landlord against Tenant, and provided that Landlord has given Tenant thirty (30) days prior written notice that it has entered into a lease of the Premises with a new tenant and Tenant fails to surrender possession of the Premises within such thirty (30) day period, increased construction costs to Landlord as a result of Landlord’s inability to timely commence construction of improvements for a new tenant for the Premises, lost profits that results from Landlord’s inability to timely deliver the Premises to such new tenant, and any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant.

No Right To Holdover. If Tenant has no right to retain retains possession of the Premises or any part thereof beyond after the expiration or earlier termination of this Lease. In the event that Tenant holds over Lease Term, unless otherwise agreed in violation of this Paragraph 25writing, the Base Rent payable from such possession shall be subject to immediate termination by Landlord at any time, and after the time all of the expiration or earlier termination other terms and provisions of this Lease (excluding any expansion or renewal option or other similar right or option) shall be increased applicable during such holdover period, except that Tenant shall pay Landlord from time to (a) time, upon demand, as Base Rent for the first two (2) months of such holdoverholdover period, one hundred twenty five percent (125%) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination, and (b) thereafter, an amount equal to one hundred fifty percent (150%) of the Base Rent applicable in effect on the termination date, computed on a monthly basis for each month or part thereof during such holding over. All other payments shall continue under the month immediately preceding terms of this Lease. In addition, Tenant shall be liable for all damages incurred by Landlord as a result of such expiration holding over. No holding over by Tenant, whether with or earlier terminationwithout consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section shall not be construed as consent for Tenant to retain possession of the Premises. AdditionallyFor purposes of this Section, in “possession of the event that Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon the expiration or earlier termination of the Lease, and following written notice from Landlord to Tenant and Tenant’s failure to cure within ten (10) business days thereafter, Tenant has not fulfilled its obligation with respect to restoration, repairs and cleanup of the Premises or any other Tenant obligations Lease as set forth in this Lease, Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from Tenant’s holding over for more than thirty (30) days after the expiration or earlier termination of this Lease, including, without limitation, those concerning the cost condition and repair of unlawful detainer proceedings instituted the Premises. Tenant acknowledges that Landlord utilizes a rental collection system involving the direct deposit of monies received through a financial institution selected by Landlord, which precludes Landlord’s ability to exercise rejection of a rental payment before Tenant’s check is cashed. Tenant agrees that as a condition of Landlord against granting this Lease, Tenant hereby waives any rights it may have under law to force continuation of this Lease due to Landlord having cashed Tenant’s rental remittance. Landlord shall have the option of rejecting Tenant’s payment by refunding to Tenant the rental amount paid by Tenant, and provided that Landlord has given Tenant thirty (30) days prior written notice that it has entered into a lease of the Premises with a new tenant and Tenant fails to surrender possession of the Premises within such thirty (30) day period, increased construction costs to Landlord adjusted as a result of Landlord’s inability to timely commence construction of improvements for a new tenant for the Premises, lost profits that results from Landlord’s inability to timely deliver the Premises to such new tenantset forth in this Lease, and any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenantenforcing the termination provisions of this Lease.

No Right To Holdover. If Tenant has no right to retain retains possession of the Premises or any part thereof beyond after the expiration or earlier termination of this Lease. In the event that Tenant holds over Lease Term, unless otherwise agreed in violation of this Paragraph 25writing, the Base Rent payable from such possession shall be subject to immediate termination by Landlord at any time, and after the time all of the expiration or earlier termination other terms and provisions of this Lease (excluding any expansion or renewal option or other similar right or option) shall be increased applicable during such holdover period, except that Tenant shall pay Landlord from time to (a) time, upon demand, as Base Rent for the first two (2) months of such holdoverholdover period, one hundred twenty five percent (125%) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination, and (b) thereafter, an amount equal to one hundred fifty percent (150%) of the Base Rent applicable in effect on the termination date, computed on a monthly basis for each month or part thereof during such holding over. All other payments shall continue under the month immediately preceding terms of this Lease. In addition, if Landlord provides Tenant with 10 day prior written notice that Landlord has executed a lease with a new tenant for the Premises, Tenant shall be liable for all damages incurred by Landlord as a result of such expiration holding over. No holding over by Tenant, whether with or earlier terminationwithout consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section shall not be construed as consent for Tenant to retain possession of the Premises. AdditionallyFor purposes of this Section, in “possession of the event that Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon the expiration or earlier termination of the Lease, and following written notice from Landlord to Tenant and Tenant’s failure to cure within ten (10) business days thereafter, Tenant has not fulfilled its obligation with respect to restoration, repairs and cleanup of the Premises or any other Tenant obligations Lease as set forth in this Lease, Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from Tenant’s holding over for more than thirty (30) days after the expiration or earlier termination of this Lease, including, without limitation, those concerning the cost condition and repair of unlawful detainer proceedings instituted the Premises. Tenant acknowledges that Landlord utilizes a rental collection system involving the direct deposit of monies received through a financial institution selected by Landlord, which precludes Landlord’s ability to exercise rejection of a rental payment before Tenant’s check is cashed. Tenant agrees that as a condition of Landlord against granting this Lease, Landlord shall have the option of rejecting Tenant’s payment by refunding to Tenant the rental amount paid by Tenant, and provided that Landlord has given Tenant thirty (30) days prior written notice that it has entered into a lease of the Premises with a new tenant and Tenant fails to surrender possession of the Premises within such thirty (30) day period, increased construction costs to Landlord adjusted as a result of Landlord’s inability to timely commence construction of improvements for a new tenant for the Premises, lost profits that results from Landlord’s inability to timely deliver the Premises to such new tenantset forth in this Lease, and any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenantenforcing the termination provisions of this Lease.

No Right To Holdover. Tenant has no right to retain If Lessee should remain in possession of the Premises or any part thereof beyond after the expiration or earlier termination of this Lease. In the event that Tenant holds over in violation of this Paragraph 25, the Base Rent payable from and after the time of the expiration or earlier termination Term of this Lease without the execution by Lessor and Lessee of a new lease or an extension of this Lease, Lessee shall be increased deemed to be occupying the Premises as a tenant-at-sufferance only, subject to all the covenants and obligations of this Lease, except as to term and base rental and any other provision reasonably determined by Lessor to be inapplicable. During any such holdover period, Lessee shall pay to Lessor a monthly base rental (athe “Holdover Base Rent”) for the first two (2) months of such holdover, one hundred twenty five percent (125%) of the Base Rent applicable during the month immediately preceding such expiration or earlier termination, and (b) thereafter, in an amount equal to one hundred fifty percent (150%) of the amount of Base Rent applicable and Additional Rent payable by Lessee to Lessor during the last month immediately preceding of the Term of this Lease. The monthly Holdover Base Rent payable for such holdover period shall not, in any event, be construed as a penalty or as liquidated damages for such retention of possession. Neither any provision hereof nor any acceptance by Lessor of any Holdover Base Rent (or any other amount) after the expiration or earlier terminationtermination of the Term shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term or a waiver of any of Lessor’s rights or remedies with respect to such holdover. AdditionallyNotwithstanding any provision to the contrary contained herein, in (a) Lessor expressly reserves, (1) the event that right to require Lessee to surrender possession of the Premises upon the expiration or earlier termination of the LeaseTerm of this Lease or at any time during any holdover and (2) the right to assert any remedy at law or in equity to evict Lessee and collect damages in connection with any such holdover, and following written notice (b) Lessee shall indemnify, defend and hold Lessor harmless from Landlord to Tenant and Tenantagainst any and all claims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs and expenses, including, without limitation, all lost profits and other consequential damages, attorneys’ fees, consultants’ fees and court costs incurred or suffered by or asserted against Lessor by reason of Lessee’s failure to cure within ten (10) business days thereafter, Tenant has not fulfilled its obligation with respect to restoration, repairs and cleanup of surrender the Premises or any other Tenant obligations as set forth in this Lease, Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from Tenant’s holding over for more than thirty (30) days after on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease, including, without limitation, the cost of unlawful detainer proceedings instituted by Landlord against Tenant, and provided that Landlord has given Tenant thirty (30) days prior written notice that it has entered into a lease of the Premises with a new tenant and Tenant fails to surrender possession of the Premises within such thirty (30) day period, increased construction costs to Landlord as a result of Landlord’s inability to timely commence construction of improvements for a new tenant for the Premises, lost profits that results from Landlord’s inability to timely deliver the Premises to such new tenant, and any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant.

No Right To Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. In If Tenant fails to surrender the event that Tenant holds over in violation of this Paragraph 25, the Base Rent payable from and after the time of Premises upon the expiration or earlier termination of this the Lease without the express written consent of Landlord, Tenant shall be increased become a tenant-at-sufferance at a rental rate equal to (a) for the first two (2) months of such holdover, one hundred twenty and twenty-five percent (125%) of the monthly Base Rent applicable during Rental payable by Tenant for the month immediately preceding such expiration or earlier early termination, and (b) thereafter, unless Landlord provided Tenant with a written notice delivered not later than one hundred and twenty (120) days prior to the expiration date of the term of this Lease, which notice states that Landlord has entered into a letter agreement with an identified third-party tenant, which letter agreement contemplates that Tenant was to vacate the Premises as of the expiration date of the term of this Lease, in which event the tenant-at-sufferance rental rate shall be equal to one hundred and fifty percent (150%) of the monthly Base Rent applicable during payable by Tenant for the month immediately preceding such expiration or earlier termination. AdditionallyDuring any holdover, Tenant shall remain responsible for the payment of all other monetary obligations due and payable by Tenant under the Lease. Acceptance by Landlord of Base Rent after such expiration or earlier termination of the Term shall not result in any renewal of the event that Term. The foregoing provisions are in addition to and do not affect Tenant’s right of re-entry or any other rights or remedies of Tenant hereunder or as otherwise provided at law or in equity, or both. If Tenant fails to surrender the Premises upon the expiration or earlier termination of the Lease, and following written notice from Landlord Term despite Landlord’s demand to Tenant and Tenant’s failure to cure within ten (10) business days thereafterdo so, Tenant has not fulfilled its obligation with respect to restoration, repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Paragraph 25 shall apply. Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all Claims resulting from Tenant’s holding over for more than thirty losses, costs, damages and liability (30) days after the expiration or earlier termination of this Lease, including, without limitation, the cost of unlawful detainer proceedings instituted by Landlord against Tenantincluding actual attorneys’ fees and costs, and provided that court costs), direct or indirect, which Landlord has given Tenant thirty (30) days prior written notice that it has entered into a lease of the Premises with a new tenant and Tenant fails to surrender possession of the Premises within such thirty (30) day period, increased construction costs to Landlord may suffer as a result of LandlordTenant’s inability to timely commence construction of improvements for a new tenant for the Premises, lost profits that results from Landlord’s inability to timely deliver the Premises to such new tenant, and any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenantthe Premises.