Overholding. If the Tenant remains in possession of the Premises after the expiration of this Lease and without the execution and delivery of a new Lease, the Landlord may re-enter and take possession of the Premises and remove the Tenant therefrom and the Landlord may use such force as it may deem necessary for that purpose without being liable in respect thereof or for any loss or damage occasioned thereby; PROVIDED THAT while the Tenant remains in possession after the expiration of this Lease, and the Landlord accepts rent, the Tenancy, in the absence of written agreement, will be from month to month only at a rent per month equal to 1.25 times the Minimum Rent payable in respect of the month immediately preceding expiration of this Lease in each case payable in advance on the 1st day of each month and shall be subject to all terms of this Lease, except that the tenancy will be from month to month and a tenancy from year to year will not be created by implication of law. Notwithstanding the foregoing, in the event that Tenant and Landlord are conducting negotiations in good faith for a renewal of this Lease, Tenant may remain in the Premises at the same Minimum Rent as during the last Lease Year of the Term; provided, however, upon reaching agreement with Landlord on new lease terms for the renewal, Tenant will pay, retroactively, the agreed-upon new Minimum Rent for the entire holdover period. In the event that (i) Landlord deems that Tenant is not in Landlord's reasonable judgement, bargaining in good faith; (ii) Landlord and Tenant cannot reach a mutually acceptable agreement; or (iii) Landlord, in its sole judgment, chooses to terminate negotiations, then, in any such event and upon thirty (30) days prior written notice to Tenant, Tenant's monthly rent shall equal 1.25 times the monthly amount payable as Minimum Rent during the last Lease Year of the Term, beginning upon the expiration of the thirty (30) day period.
Appears in 2 contracts
Samples: Lease (Eddie Bauer Holdings, Inc.), Lease (Eddie Bauer Holdings, Inc.)
Overholding. If the Tenant remains in possession of the Premises after Upon the expiration of this Lease by the passage of time and without the execution and delivery of a new Lease, the Landlord may re-enter and take Tenant remaining in possession of the Premises and remove the Tenant therefrom and the Landlord may use such force as it may deem necessary for that purpose without being liable in respect thereof Leased Premises:
(a) there shall be no implied renewal or for any loss or damage occasioned thereby; PROVIDED THAT while the Tenant remains in possession after the expiration extension of this Lease, and ;
(b) if the Landlord accepts rentconsents in writing to the Tenant remaining in possession, the Tenancy, in the absence of written agreement, will be from month to month only at a rent per month equal to 1.25 times the Minimum Rent payable in respect of the month immediately preceding expiration of this Lease in each case payable in advance on the 1st day of each month and Tenant shall be subject deemed notwithstanding any statutory provision or legal assumption to all terms of this Leasethe contrary, except that to be occupying the Leased Premises as a monthly tenant, which monthly tenancy will may be from month to month and a tenancy from year to year will not be created terminated by implication of law. Notwithstanding the foregoing, in the event that Tenant and Landlord are conducting negotiations in good faith for a renewal of this Lease, Tenant may remain in the Premises at the same Minimum Rent as during the last Lease Year of the Term; provided, however, upon reaching agreement with Landlord either party on new lease terms for the renewal, Tenant will pay, retroactively, the agreed-upon new Minimum Rent for the entire holdover period. In the event that (i) Landlord deems that Tenant is not in Landlord's reasonable judgement, bargaining in good faith; (ii) Landlord and Tenant cannot reach a mutually acceptable agreement; or (iii) Landlord, in its sole judgment, chooses to terminate negotiations, then, in any such event and upon thirty (30) days prior written notice to Tenantthe other, Tenant's monthly rent shall equal 1.25 times the monthly amount payable as Minimum Rent during the last Lease Year of the Term, beginning upon the expiration of the which thirty (30) day periodperiod need not end on the last day of a calendar month;
(c) if the Landlord does not consent in writing to the Tenant remaining in possession, the Tenant shall be deemed, notwithstanding any statutory provision or legal assumption to the contrary, to be occupying the Leased Premises as a tenant at the will of the Landlord, which tenancy may be terminated at any time by the Landlord without the necessity of any notice to the Tenant; and
(d) the Tenant shall occupy the Leased Premises on the same terms and conditions as are contained in this Lease (including without limitation, the obligation to pay Additional Rent), save and except that:
(a) the Term and the nature of the tenancy shall be as set out in section 17.1 (b) or (c), as the case may be;
(b) the Minimum Rent payable by the Tenant shall be paid monthly at a rate equal to twice the amount of monthly Minimum Rent which it was responsible for paying during the last twelve (12) months of the Term; and
(c) the Tenant shall not be entitled to take the benefit of any rights of renewal, rights of first refusal, options to purchase, rights granting the Tenant exclusive rights to carry on certain business activities in the Building, or any other rights personal to the Tenant and which may be contained in this Lease. The Tenant shall be stopped and forever barred from claiming any right to occupy the Leased Premises on terms other than as set out in this section and the Landlord may plead this section in any court proceedings. The Tenant shall indemnify and save harmless the Landlord from all Claims incurred by the Landlord as a result of the Tenant remaining in possession of all or part of the Leased Premises following the expiry of the Term. Nothing in this section shall be interpreted as permitting or giving the Tenant an option to stay in possession of the Leased Premises following the expiry of the Term and the Tenant shall surrender the Leased Premises to the Landlord on the expiry of the Term.
Appears in 2 contracts
Samples: Industrial Lease (Above Food Ingredients Inc.), Industrial Lease (Above Food Ingredients Inc.)
Overholding. (a) If the Tenant remains in possession of on the Premises Property or any part thereof after the expiration or other termination of the Term: without the consent of the Landlord, no yearly or other periodic tenancy will be created but the Tenant will be bound by the terms and provisions of this Lease and without the execution and delivery of a new Lease, the Landlord may re-enter and take possession of the Premises and remove except any options thereby granted to the Tenant therefrom and the Landlord may use such force as it may deem necessary for except that purpose without being liable in respect thereof or for any loss or damage occasioned thereby; PROVIDED THAT while the Tenant remains in possession after the expiration of this Lease, and the Landlord accepts rent, the Tenancy, in the absence of written agreement, Base Rent will be from month to month only at a rent per month equal to 1.25 times twice the Minimum Rent amounts payable in respect of the month immediately preceding expiration of this Lease in each case payable in advance on the 1st day of each month and shall be subject to all terms of this Lease, except that the tenancy will be from month to month and a tenancy from year to year will not be created by implication of law. Notwithstanding the foregoing, in the event that Tenant and Landlord are conducting negotiations in good faith for a renewal of this Lease, Tenant may remain in the Premises at the same Minimum Rent as during the last Lease Year of the TermTerm and subject to such additional obligations and conditions as the Landlord may impose by notice to the Tenant; provided, however, upon reaching agreement or with Landlord on new lease terms for the renewal, Tenant will pay, retroactively, consent of the agreed-upon new Minimum Rent for the entire holdover period. In the event that (i) Landlord deems that Tenant is not in Landlord's reasonable judgement, bargaining in good faith; (ii) Landlord and Tenant cannot reach a mutually acceptable agreementagreement as to the Rent payable, then the tenancy will be month to month at the Rent agreed and otherwise on the terms and conditions of this Lease excluding any options thereby granted, which tenancy may be terminated by either party on at 30 days’ notice to the other; or (iii) Landlordwith the consent of the Landlord but no agreement as to the Rent payable, in its sole judgment, chooses then the tenancy will be month-to-month at a Base Rent equal to terminate negotiations, then, in any such event and upon thirty (30) days prior written notice to Tenant, Tenant's monthly rent shall equal 1.25 times 150% of the monthly amount Base Rent payable as Minimum Rent during the last Lease Year of the TermTerm and otherwise on the terms and conditions of this Lease excluding any options thereby granted, beginning upon which tenancy may be terminated by either party on at least 30 days’ notice to the other.
(b) The Landlord may recover possession of the Property during any period with respect to which the Tenant has prepaid the amounts payable under Subsection (a) and this Section in no way limits the Landlord’s rights to recover possession of the Property nor does it affect any other rights of the Landlord.
(c) The Tenant will promptly indemnify and hold the Landlord harmless from and against all Claims against the Landlord as a result of the Tenant remaining in possession of all or any part of the Property after the expiry or termination of the Term (including any compensation to any new tenant or tenants which the Landlord may elect to pay whether to offset the costs of overtime work or otherwise).
(d) The Tenant acknowledges and agrees that during any period of occupancy by the Tenant after the expiration of the thirty Term, the Tenant shall continue to be bound by the covenants and agreements in this Lease reserved and contained on the part of the Tenant to be paid, observed and performed, subject to the provisions of Subsection (30a) day periodabove.
Appears in 2 contracts
Samples: Lease (Milacron Holdings Corp.), Lease Agreement (Milacron Holdings Corp.)
Overholding. The Tenant covenants and agrees with the Landlord that the Tenant shall provide vacant possession of the Residential Premises at the expiration of the Term or upon the Tenant’s eviction date, whichever is earlier. If the Tenant remains in possession occupation of the Residential Premises after the expiration Move-Out Date or the Tenant’s eviction date, no new right of this Lease occupation is thereby created and without the execution and delivery of a new Lease, the Landlord may may, without notice, re-enter and take possession of the Premises and Residential Premises, remove the Tenant therefrom and the Landlord may all other persons and property and use such force and assistance as it may deem the Landlord deems necessary to retake possession of the Residential Premises. In this situation, purported rent payment(s) processed by the Tenant through the Landlord’s online payment process shall not be effective to create any new or continued right of occupation unless such right of occupation and receipt of payment are expressly and separately acknowledged by the Managing Director, Student Housing and Hospitality Services. If the Managing Director, Student Housing and Hospitality Services, or their delegate, expressly grants their approval to the Tenant’s continued occupation of the Residential Premises and accepts payment of Rent for that purpose without being liable occupation, then any right of occupation that is thereby created shall be for the period contained in respect thereof or such approval, at the Monthly Rent previously payable for the Residential Premises and subject to the terms of this Agreement, as applicable for the occupancy period. In no case shall any loss or damage occasioned thereby; PROVIDED THAT while acceptance of Rent for the Residential Premises after the expiry of the Term result in any right of occupancy greater than a right to occupy the Residential Premises from month-to-month (meaning, for greater certainty, terminable by the Tenant remains in possession after or the expiration of this LeaseLandlord at any time on one month’s notice), at the Monthly Rent previously payable for the Residential Premises, and the Landlord accepts rent, the Tenancy, in the absence of written agreement, will be not from month to month only at a rent per month equal to 1.25 times the Minimum Rent payable in respect of the month immediately preceding expiration of this Lease in each case payable in advance on the 1st day of each month year-to-year and shall be subject to all the terms of this Lease, except that the tenancy will be from month to month and a tenancy from year to year will not be created by implication of law. Notwithstanding the foregoing, in the event that Tenant and Landlord are conducting negotiations in good faith for a renewal of this Lease, Tenant may remain in the Premises at Agreement so far as the same Minimum Rent as during the last Lease Year of the Term; provided, however, upon reaching agreement with Landlord on new lease terms for the renewal, Tenant will pay, retroactively, the agreedare applicable to a right to occupy from month-upon new Minimum Rent for the entire holdover period. In the event that (i) Landlord deems that Tenant is not in Landlord's reasonable judgement, bargaining in good faith; (ii) Landlord and Tenant cannot reach a mutually acceptable agreement; or (iii) Landlord, in its sole judgment, chooses to terminate negotiations, then, in any such event and upon thirty (30) days prior written notice to Tenant, Tenant's monthly rent shall equal 1.25 times the monthly amount payable as Minimum Rent during the last Lease Year of the Term, beginning upon the expiration of the thirty (30) day periodto-month.
Appears in 2 contracts
Samples: Residence Agreement, Residence Agreement
Overholding. If (a) Upon the expiration of this Lease by the passage of time and the Tenant remains remaining in possession of the Premises:
(i) there is no implied renewal or extension of this Lease;
(ii) if the Landlord consents in writing to the Tenant remaining in possession, the Tenant will be deemed, notwithstanding any statutory provision or legal assumption to the contrary, to be occupying the Premises as a monthly tenant, which monthly tenancy may be terminated by either party on 30 days written notice to the other, which 30 day period need not end on the last day of a calendar month;
(iii) if the Landlord does not consent in writing to the Tenant remaining in possession, the Tenant will be deemed, notwithstanding any statutory provision or legal assumption to the contrary, to be occupying the Premises as a tenant at the will of the Landlord, which tenancy may be terminated at any time by the Landlord without the necessity of any notice to the Tenant;
(iv) the Tenant shall occupy the Premises on the same terms and conditions as are contained in this Lease (including, without limitation, the obligation to pay Percentage Rent and Additional Rent), save and except that:
(A) the Term and the nature of the tenancy are as set out in section 3.5(a)(ii) or 3.5(a)(iii), as the case may be;
(B) the Minimum Rent payable by the Tenant is to be paid monthly at a rate equal to twice the amount of monthly Rent which it was responsible for paying to the Landlord during the last 12 months of the Term. Unless the Landlord has otherwise agreed in writing, such Minimum Rent will be payable by the Tenant regardless of whether or not the Landlord fails to request such Minimum Rent and/or accepts the monthly Minimum Rent which the Tenant was paying during the last 12 months of the Term; and
(C) the Tenant will not have the benefit of any renewal or extension rights, rights of first refusal, options to purchase, rights granting the Tenant exclusive rights to carry on certain business activities in the Development, or any other personal rights contained in this Lease.
(b) The Tenant is estopped and forever barred from claiming any right to occupy the Premises on terms other than as set out in this section and the Landlord may plead this section in any court proceedings. If section 3.5(a)(iii) is applicable, the Tenant shall indemnify and save harmless the Landlord from all Claims incurred by the Landlord as a result of the Tenant remaining in possession of all or any part of the Premises following the expiry of the Term. Nothing in this section may be interpreted as permitting or giving the Tenant an option to stay in possession of the Premises after following the expiration expiry of this Lease the Term and without the execution and delivery of a new Lease, Tenant shall surrender the Premises to the Landlord may re-enter and take possession of the Premises and remove the Tenant therefrom and the Landlord may use such force as it may deem necessary for that purpose without being liable in respect thereof or for any loss or damage occasioned thereby; PROVIDED THAT while the Tenant remains in possession after the expiration of this Lease, and the Landlord accepts rent, the Tenancy, in the absence of written agreement, will be from month to month only at a rent per month equal to 1.25 times the Minimum Rent payable in respect of the month immediately preceding expiration of this Lease in each case payable in advance on the 1st day of each month and shall be subject to all terms of this Lease, except that the tenancy will be from month to month and a tenancy from year to year will not be created by implication of law. Notwithstanding the foregoing, in the event that Tenant and Landlord are conducting negotiations in good faith for a renewal of this Lease, Tenant may remain in the Premises at the same Minimum Rent as during the last Lease Year expiry of the Term; provided, however, upon reaching agreement with Landlord on new lease terms for the renewal, Tenant will pay, retroactively, the agreed-upon new Minimum Rent for the entire holdover period. In the event that (i) Landlord deems that Tenant is not in Landlord's reasonable judgement, bargaining in good faith; (ii) Landlord and Tenant cannot reach a mutually acceptable agreement; or (iii) Landlord, in its sole judgment, chooses to terminate negotiations, then, in any such event and upon thirty (30) days prior written notice to Tenant, Tenant's monthly rent shall equal 1.25 times the monthly amount payable as Minimum Rent during the last Lease Year of the Term, beginning upon the expiration of the thirty (30) day period.
Appears in 1 contract
Samples: Lease Agreement (Ehave, Inc.)