Common use of Surrender and Holding Over Clause in Contracts

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense will, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after the end of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever will become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will be borne by Tenant. Landlord will not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions of this Lease, with the consent of Landlord, will operate and be construed as tenancy from month to month only, at 200% of the Basic Rent in effect immediately preceding the holdover and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(b).

Appears in 1 contract

Samples: Lease Agreement (Galyans Trading Co Inc)

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Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred ten percent (110%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's ’s consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred ten percent (110%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(bParagraph 19 (b). (c) If Landlord consists of more than one entity, Landlord shall at all times employ a qualified, professional asset manager or property manager which manager shall be Tenant’s primary point of contact for all communications with Landlord. If Landlord consists of more than one entity, Rent shall be made payable to the asset manager or property manager of Landlord, as its authorized agent, or, upon the exercise by Lender of its rights under the Loan Documents, as directed by Lender.

Appears in 1 contract

Samples: Lease Agreement (Gc Net Lease Reit, Inc.)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination termination, the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month at sufferance only, at 200% terminable by Landlord as permitted by law. Basic Rent during such holdover shall be one hundred twenty-five percent (125%) of the Basic Rent in effect owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the holdover Leased Premises), and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's ’s consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of one hundred twenty-five percent (125%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Basic Rent as provided under the previous sentenceLeased Premises), to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(bParagraph 20(b), or under any applicable Prime Lease.

Appears in 1 contract

Samples: Lease Agreement (Lehigh Gas Partners LP)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises Properties (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will shall remove from the Leased Premises Properties on or prior to such expiration or earlier termination the Trade Fixtures Fixtures, inventory and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures Fixtures, inventory and personal property not so removed by the fifth day after at the end of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased PremisesProperties. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises Property caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of any or all of the Leased Premises Properties after the expiration or earlier termination of the Term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred ten percent (110%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred ten percent (110%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section Paragraph 19(b).

Appears in 1 contract

Samples: Lease Agreement (Wesco International Inc)

Surrender and Holding Over. (a) Upon the expiration Expiration or earlier termination of this LeaseTerm with respect to a Leased Premises, Tenant will shall peaceably leave and surrender the such Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to LandlordLandlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations excepted. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination termination, the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month at sufferance only, at 200% terminable by Landlord as permitted by law. Basic Rent during such holdover shall be one hundred fifty percent (150%) of the Basic Rent in effect owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the holdover Leased Premises), and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's ’s consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Basic Rent as provided under the previous sentenceLeased Premises), to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(bParagraph 20(b), or under any applicable Prime Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Lehigh Gas Partners LP)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred twenty-five percent (125%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentencetwenty-five percent (125%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section Paragraph 19(b).

Appears in 1 contract

Samples: Lease (Performance Food Group Co)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) together with all Alterations in existence at the time of the expiration or earlier termination of this Lease, and in good condition and repair (except as otherwise permitted herein), normal wear and tear excepted, broom clean, and shall surrender all keys for the Leased Premises to Landlord. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property property, which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred fifty percent (150%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(b)Paragraph 19.

Appears in 1 contract

Samples: Purchase Agreement (Sports Authority Inc /De/)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Initial Term of this Lease or any extensions of this LeaseRenewal Terms, with the consent of Landlord, will shall operate and be construed as a tenancy from month to month only, at 200% one hundred fifty percent (150%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease except that Tenant shall have no right to renew or extend the Term of this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(bParagraph 20(b).

Appears in 1 contract

Samples: Lease Agreement (Advanced Fibre Communications Inc)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) . Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred fifty percent (150%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section Paragraph 19(b).

Appears in 1 contract

Samples: Lease (Performance Food Group Co)

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Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to LandlordLandlord in broom clean condition, and otherwise in the same condition in which the Leased Premises were originally received from Landlord on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (ba) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions of this Leasethereof, whether with or without the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred fifty percent (150%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding Lease (except that Tenant shall have no further right or option to renew or extend the foregoing, any holding over without Landlord's consent will entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(bTerm).

Appears in 1 contract

Samples: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)

Surrender and Holding Over. (a) a. Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) b. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred twenty-five percent (125%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred twenty-five percent (125 %) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section Paragraph 19(b).

Appears in 1 contract

Samples: Lease Agreement (Dave & Busters Inc)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to LandlordLandlord in good condition, reasonable wear and tear excepted. Tenant will may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures Tenant's trade fixtures and personal property which is are owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures Tenant's trade fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) . Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred fifty percent (150%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred fifty percent (150%) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(b)20.

Appears in 1 contract

Samples: Lease Agreement (One Price Clothing Stores Inc)

Surrender and Holding Over. (a) Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof Landlord in “broom clean” and in good condition and repair, ordinary wear and tear excepted, and otherwise in accordance with respect to which the terms and conditions of this Lease has previously terminated) to LandlordLease. Tenant will shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense willshall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by at the fifth day after the end expiration of the Term or within thirty days after the earlier termination of the Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by . Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant of shall not be obligated to remove any safe or vault located on the Leased Premises after nor shall it be responsible for the expiration cost of removal or earlier termination disposal of any safe or vault nor for the Term cost of this Lease repairing any damage caused by the removal of any safe or any extensions of this Lease, with vault by the consent of Landlord, will operate and be construed as tenancy from month to month only, at 200% of the Basic Rent in effect immediately preceding the holdover and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentence, to exercise all rights and remedies provided by law or in equity, including the remedies of Section 19(b).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Finward Bancorp)

Surrender and Holding Over. (a) a. Upon the expiration or earlier termination of this Lease, Tenant will shall peaceably leave and surrender the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord. Provided Tenant will is not in default hereunder, Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant Tenant, at its expense willexpense, shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed by the fifth day after at the end of the Term or within thirty days after the earlier termination of the any Renewal Term for any reason whatsoever will shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises without any liability to Tenant or any third party whose personal property Tenant permitted to be placed at the Leased Premises. The reasonable out-of-pocket cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal and the reimbursement cost owed to any third party whose personal property Tenant permitted to be placed at the Leased Premises will shall be borne by Tenant. Landlord will shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) b. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term or any Renewal Term of this Lease or any extensions of this Leasethereof, with the consent of Landlord, will shall operate and be construed as tenancy from month to month only, at 200% one hundred ten percent (110%) of the Basic Rent in effect immediately preceding the holdover reserved herein and otherwise upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord's consent will shall entitle Landlord, in addition to collecting Basic Rent at a rate of 200% of the Basic Rent as provided under the previous sentenceone hundred fifty percent (150 %) thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Section Paragraph 19(b).

Appears in 1 contract

Samples: Lease Agreement (Dave & Busters Inc)

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