Common use of Permitted Holdover Clause in Contracts

Permitted Holdover. Notwithstanding anything to the contrary set forth in this Section 25, so long as Tenant is not in Default, Tenant shall have the right to holdover (the “Permitted Holdover”) in the Premises for up to 3 consecutive one-month periods, commencing as of the first calendar month immediately following the expiration of the Term (as the same may be extended) (the “Permitted Holdover Period”), subject to the remaining terms of this Section 25, if Tenant delivers to Landlord prior written notice of Tenant’s intent to so occupy the Premises on or before the date that is six (6) months prior to the expiration of the Term (which notice shall specify whether Tenant shall hold over for one, two or three full months). If Tenant engages in a Permitted Holdover, then during the Permitted Holdover Period, Tenant shall occupy the Premises in its as-is condition and configuration subject to all the terms and conditions of this Lease, provided that solely during the Permitted Holdover Period, Tenant shall pay an amount (calculated on a per month basis without reduction for partial months) equal to 150% of the Base Rent plus 100% of all Additional Rent due for the period immediately preceding the Permitted Holdover Period. Tenant shall not be liable for any consequential damages suffered by Landlord during the Permitted Holdover Period. If Tenant engages in a Permitted Holdover, then if Tenant fails to vacate and surrender the Premises on or prior to expiration or earlier termination of the Permitted Holdover Period, Tenant shall be deemed in holdover of the Premises and such holdover shall be subject to the provisions of the first paragraph of this Section 25. Nothing herein shall grant Tenant the right to hold over or otherwise occupy the Premises at any time following the expiration or earlier termination of the Permitted Holdover Period.

Permitted Holdover. Notwithstanding anything to the contrary set forth in this Section 25the Lease, so long as amended hereby, in the event that the Lease is terminated by Landlord for any reason, including by operation of Law or as a result of the exercise of Landlord's remedies pursuant to Article XX of the Lease, Landlord hereby agrees that Tenant, or, at Tenant's option subject to the provisions hereof, Medical Industries America, Inc. ("MIA"), shall be permitted to remain in the portion of the Premises comprising approximately 5,000 rentable square feet and currently utilized by Tenant is not in Defaultas a manufacturing facility, Tenant shall have the right to holdover as depicted on Exhibit A attached hereto (the “Permitted Holdover”"Holdover Space") in solely for the Premises purpose of continuing manufacturing operations by MIA or by Tenant on behalf of MIA and removing equipment for up a period not to 3 consecutive one-month periods, commencing as of the first calendar month immediately exceed 60 days following the expiration of date the Term (as the same may be extended) Lease is terminated (the “Permitted "Holdover Period”"), subject to the remaining terms and conditions set forth below. Tenant may designate MIA to occupy any portion of the Holdover Space for the purposes set forth above, provided that (i) MIA is then a current customer of Tenant and MIA reasonably requires continued operation in the Holdover Space during the Holdover Period to complete and wind down Tenant's operations on behalf of MIA in the Premises; (ii) MIA must comply with all provisions of this Lease, as amended hereby, and a default by MIA shall be deemed a default by Tenant under the Lease; (iii) all notices required of Landlord under this Lease shall be forwarded only to Tenant in accordance with the terms of this Lease and in no event shall Landlord be required to send any notices to MIA; (iv) in no event shall any use or occupancy of any portion of the Holdover Space by MIA release or relieve Tenant from any of its obligations under the Lease; (v) MIA and its employees, contractors and invitees visiting or occupying space in the Holdover Space shall be deemed contractors of Tenant for purposes of Tenant's indemnification obligations under the Lease; and (vi) in no event shall the provisions of this Section 25IV grant any rights to MIA in and to the Premises, if the Holdover Space, the Lease or the provisions of this Amendment, nor shall the occupancy of any portion of the Holdover Space by MIA be deemed to create a landlord/tenant relationship between Landlord and MIA, and, in all instances, Tenant delivers shall be considered the sole tenant under the Lease notwithstanding the occupancy of any portion of the Holdover Space by MIA. Tenant's right to occupy or have MIA occupy the Holdover Space in accordance with this Section shall be subject to the satisfaction of all of the following terms and conditions: (A) Tenant provides written notice to Landlord prior written (the "Holdover Notice") requesting that Tenant or MIA, as designated by Tenant in such Holdover Notice, be permitted to remain in the Holdover Space during the Holdover Period in accordance with this Section IV, which notice of Tenant’s intent must be delivered to so occupy the Premises on or before the date that is six Landlord not later than two (62) months Business Days prior to the expiration date as of which the Term (which notice shall specify whether Tenant shall hold over for oneLease is to be terminated and, two or three full months). If Tenant engages in a Permitted Holdover, then if MIA is to occupy the Holdover Space during the Permitted Holdover Period, such Holdover Notice shall contain a representation and warranty by Tenant that the conditions of Clause (i) above have been satisfied, and (B) Tenant's or MIA's occupancy of the Holdover Space during the Holdover Period shall occupy the Premises in its as-is condition and configuration be subject to all of the terms and conditions of this the Lease, provided except that solely during the Permitted Holdover Period, Tenant shall pay an amount (calculated on a per month basis without reduction for partial months) equal to 150% of the Base Rent plus 100% of all Additional Rent due for the period immediately preceding the Permitted Holdover Period. Tenant shall not be liable for any consequential damages suffered by Landlord required to pay Base Rent or Tenant's Pro Rata Share of Expenses and Taxes during the Permitted Holdover Period. If Tenant engages in a Permitted Holdover, then if Tenant fails to vacate and surrender the Premises on or prior to expiration or earlier termination of the Permitted Holdover Period; provided however, Tenant shall be deemed in holdover of liable for any other charges payable under the Premises and such holdover shall be subject Lease, including any charges for special or after hour services provided to Tenant during the provisions of the first paragraph of this Section 25Holdover Period. Nothing herein shall grant Tenant the right to hold over or otherwise occupy the Premises at any time following Upon the expiration or earlier termination of the Permitted Holdover Period, Tenant shall surrender the Holdover Space in accordance with the terms of the Lease. Notwithstanding anything to the contrary set forth herein, in the event that Tenant fails to deliver the Holdover Notice to Landlord in accordance with the terms of this Section IV, Tenant shall be deemed to have waived its right to remain in the Holdover Space and shall surrender the Holdover Space as of the termination of the Lease in accordance with the terms of the Lease. If Tenant should holdover in the Holdover Space after expiration or earlier termination of the Holdover Period, any remedies available to Landlord as a consequence of such holdover contained in Article XXV of the Lease or otherwise shall be applicable, but only with respect to the Holdover Space.

Permitted Holdover. Notwithstanding anything to the contrary set forth in this Section 25foregoing, so long as Tenant is not in Defaultno Event of Default has occurred (other than an Event of Default as to which Landlord has accepted a cure), the Original Tenant shall have the one-time right to holdover (the “Permitted HoldoverHoldover Option”) in the Premises for up to 3 consecutive one-month periods), commencing as of the first calendar month immediately following the expiration of the Term (as the same may be extended) upon notice (the “Permitted Holdover PeriodNotice”), subject to the remaining terms of this Section 25, if Tenant delivers ) to Landlord prior written notice of Tenant’s intent to so occupy the Premises on or before the date that is not less than six (6) months prior to the expiration of the then current Term, to extend the Term for the entire Premises for a period of three (3) months (the “Permitted Holdover Term”); provided, however that the Permitted Holdover Term shall not extend the period by which notice shall specify whether Tenant shall hold over for one, two or three full months)must exercise the Extension Option. If The Monthly Basic Rent payable by Tenant engages in a Permitted Holdover, then during the Permitted Holdover Period, Term shall equal one hundred twenty-five percent (125%) of the Monthly Basic Rent applicable during the last rental period of the Term. Tenant shall occupy the Premises in its as-is condition and configuration subject to pay all the terms and conditions of other sums due under this LeaseLease (including, provided that solely without limitation, additional rent) during the Permitted Holdover Period, Tenant shall pay an amount (calculated on a per month basis without reduction for partial months) equal to 150% Term in accordance with the terms of the Base Rent plus 100% of all Additional Rent due for the period immediately preceding the Permitted Holdover Periodthis Lease. Tenant shall not be liable for any consequential damages suffered by Landlord as a result of Tenant’s holdover occupancy of the Premises during the Permitted Holdover PeriodTerm. Tenant may terminate the Permitted Holdover Term upon thirty (30) days’ prior notice to Landlord. Once given, the Holdover Notice is irrevocable. Any exercise of the Holdover Option shall, at Landlord’s election by written notice to Tenant within ten (10) days after Tenant’s exercise of the Holdover Option, be ineffective if an Event of Default exists at the time of exercise of the Holdover Option (and the foregoing shall not extend the period during which Tenant may exercise the Holdover Option) or at the end of the Term (without regard to the Permitted Holdover Term) or if Original Tenant has assigned this Lease as of the end of the Term (without regard to the Permitted Holdover Term) other than to a Permitted Transferee. If Tenant engages in a Permitted Holdovershall fail to properly exercise the Holdover Option, the Holdover Option shall terminate and be of no further force and effect, and if this Lease shall terminate for any reason, then if Tenant fails to vacate immediately upon such termination, the Holdover Option shall simultaneously terminate and surrender the Premises on or prior to expiration or earlier termination of the Permitted Holdover Period, Tenant shall be deemed in holdover of the Premises become null and such holdover shall be subject to the provisions of the first paragraph of this Section 25. Nothing herein shall grant Tenant the right to hold over or otherwise occupy the Premises at any time following the expiration or earlier termination of the Permitted Holdover Periodvoid.