Common use of Surrender Holding Over Clause in Contracts

Surrender Holding Over. Upon the expiration or earlier termination of this Sublease, Subtenant shall surrender possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 2 contracts

Samples: Sublease Agreement (Intrepid Potash, Inc.), Sublease Agreement (Intrepid Potash, Inc.)

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Surrender Holding Over. (a) Upon the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall peaceably leave and surrender the Leased Premises to Landlord in substantially the same condition in which the Leased Premises was at the commencement of this Lease, 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. Upon such surrender, Tenant shall (a) remove from the Leased Premises all property which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. Property not so removed shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26. (b) If Tenant fails to surrender possession of the Sublease Leased Premises to SublandlordLandlord at the expiration or earlier termination of this Lease, then Tenant shall be a tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall pay, in addition to the same condition as the Sublease Premises were in on the first day of the Sublease Termother Rent, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly daily Basic Rent equal to 150the greater of (i) 5% of the monthly installment of Basic Rent for payable during the final last full month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200or (ii) 100% of the Rent then prevailing rental rate for the final month Leased Premises unless Landlord has entered into a lease with another tenant for all or a portion of the Sublease TermLeased Premises, plus in which case the amount calculated under this clause (ii) shall be equal to 125% of the then prevailing rental rate for the Leased Premises. The provisions of this Paragraph 26(b) shall not be deemed to limit or constitute a waiver of any and all consequential damages suffered by Sublandlord (includingother rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Leased Premises upon the termination or expiration of this Lease, without limitation, damages payable by Sublandlord in addition to any other liability to Landlord by reason of Subtenant’s holdover). In the event of such holding overaccruing therefrom, Subtenant Tenant shall protect, defend, indemnify and hold Sublandlord Landlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs (including reasonable attorneys' fees) and expensesliability resulting from such failure, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result limiting the generality of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled any claims made by any succeeding tenant founded upon such failure to all other remedies surrender, and damages provided under this Sublease or at law or in equityany lost profits to Landlord resulting therefrom.

Appears in 2 contracts

Samples: Lease Agreement (Collins & Aikman Corp), Lease Agreement (Collins & Aikman Corp)

Surrender Holding Over. Upon On the expiration last day of the term or earlier any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of this SubleaseTenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, Subtenant shall surrender be deemed abandoned. In the event Tenant remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease without the execution of a new lease but with the acquiescence of Landlord, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant it shall be deemed to be occupying said premises as a subtenant Tenant from month to month-to-month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other conditions, provisions and conditions obligations of this SubleaseLease insofar as the same can be applicable to a month-to-month tenancy. Nothing in this provision The period of such month-to-month tenancy shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end considered a renewal term of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any monththis Lease. If Subtenant holds over Tenant desires to lease the leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease, without Sublandlord’s written consent, Subtenant shall be guilty Tenant will notify Landlord of an unlawful detention Tenant's desire to enter into a lease of the Sublease Premises and shall be liable leased premises at least six (6) months prior to Sublandlord for damages for use the expiration of the Sublease Premises during term or the period of such unlawful detention and shall pay rent equal to 200% of renewal term, as the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equitycase may be.

Appears in 2 contracts

Samples: Building Lease (Keystone Automotive Industries Inc), Building Lease (Keystone Automotive Industries Inc)

Surrender Holding Over. Upon the expiration or earlier termination of this SubleaseAgreement, Subtenant shall will surrender possession of the Sublease Premises (including any cabling installed by Subtenant) and Personal Property to Sublandlord, in the same condition as the Sublease Premises and Personal Property were in on the first day of the Sublease TermSublandlord delivered possession to Subtenant, ordinary reasonable wear and tear excepted. Provided however, if Subtenant has made any alterations or modification to the Sublease Space and has obtained all necessary consents thereto, then the space as altered or modified need not be surrendered in the same condition as existed on the day Sublandlord delivered possession to Subtenant, with an exception for reasonable wear and tear thereto. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then the Subtenant shall will be deemed to be a subtenant from month to month, at a monthly Rent rent equal to 150% Two Hundred percent (200%) of the monthly fixed annual Base Sublease Rent for at the time of the final month year of the Sublease Term, prorated monthly and subject to all of the other provisions and conditions of this SubleaseAgreement. Nothing in this provision shall will be deemed or construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises for any period after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall will be guilty of an unlawful detention of the Sublease Premises and shall will be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall will pay rent Rent equal to Two Hundred percent (200% %) of the fixed annual Base Sublease Rent for at the time of the final month year of the Sublease TermTerm prorated monthly, plus any and all consequential damages suffered by Sublandlord (Sublandlord, including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall will indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees fees, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall will be entitled to all other remedies and damages provided under this Sublease Agreement or at law or in equity.

Appears in 2 contracts

Samples: Sublease Agreement (AntriaBio, Inc.), Sublease Agreement (AntriaBio, Inc.)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any so, quit and surrender possession of the Sublease Demised Premises to SublandlordLANDLORD in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as LANDLORD is required to repair or restore under the terms of this Lease, and TENANT shall remove all of TENANT’s property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and Surrender the Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (1) all damages that LANDLORD may suffer on account of TENANT’s failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding Tenant of the Demised Premises against LANDLORD based on delay of LANDLORD in delivering possession of the Demised Premises to said succeeding Tenant to the extent such delay is occasioned by the failure of TENANT to so quit and surrender said Premises, and (2) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waiver any of the LANDLORD’s right of re-entry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after TENANT shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant TENANT shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of binding on the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered LANDLORD unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or LANDLORD in equitywriting.

Appears in 2 contracts

Samples: Industrial Lease Addendum (Provide Commerce Inc), Lease Agreement (Provide Commerce Inc)

Surrender Holding Over. Upon On the expiration last day of the term or earlier any ----------------------------------- renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of this SubleaseTenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, Subtenant shall surrender be deemed abandoned. In the event Tenant remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease without the execution of a new lease but with the acquiescence of Landlord, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant it shall be deemed to be occupying said premises as a subtenant Tenant from month to month-to-month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other conditions, provisions and conditions obligations of this SubleaseLease insofar as the same can be applicable to a month-to-month tenancy. Nothing in this provision The period of such month-to-month tenancy shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end considered a renewal term of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any monththis Lease. If Subtenant holds over Tenant desires to lease the leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease, without Sublandlord’s written consent, Subtenant shall be guilty Tenant will notify Landlord of an unlawful detention Tenant's desire to enter into a lease of the Sublease Premises and shall be liable leased premises at least six (6) months prior to Sublandlord for damages for use the expiration of the Sublease Premises during term or the period of such unlawful detention and shall pay rent equal to 200% of renewal term, as the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equitycase may be.

Appears in 2 contracts

Samples: Building Lease (Keystone Automotive Industries Inc), Building Lease (Keystone Automotive Industries Inc)

Surrender Holding Over. Upon 16.01. Tenant shall on the expiration last day of the term hereof, or upon any earlier termination of this SubleaseLease, Subtenant shall or upon any re-entry by Landlord upon the Property pursuant to Article 17 hereof, surrender and deliver up the Property and all fixtures (other than Tenant's Personal Property) now or hereafter at the Property into the possession and use of the Sublease Premises to Sublandlord, Landlord in substantially the same condition as the Sublease Premises were in on the first day of the Sublease Termreceived, ordinary reasonable wear and tear exceptedand damage by casualty and loss from condemnation excepted (to the extent the restoration from casualty or condemnation is not the responsibility of Tenant under this Lease), and free and clear of any liens created by Tenant or resulting from the acts or omissions of Tenant. If Subtenant holds over In addition, on or before the termination of the term of this Lease, Tenant shall remove or cause to be removed all of its trade fixtures and equipment from the Property (whether leased or owned) and repair any damage caused by such removal. Tenant shall also remove any alterations required by Landlord to be removed by Tenant in accordance with Article 9. 16.02. If, for any reason, Tenant retains possession of the Property or any part thereof after the expiration or termination of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwisethis Lease, then Subtenant such holding over shall be deemed create a tenancy at sufferance, in each case upon the terms and conditions set forth in this Lease; provided, however, that the Net Rent shall, in addition to all other sums which are to be a subtenant from month to monthpaid by Tenant hereunder, at a monthly Rent be equal to 150% of the monthly Net Rent being paid to Landlord under this Lease immediately prior to such expiration or termination (prorated on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served, then a tenancy at sufferance shall be deemed to be created at the final month rent set forth in the preceding sentence. Tenant shall also pay to Landlord all costs, expenses and damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent Tenant for any portion of the Sublease Term, and subject to all Property. The provisions of this Section 16.02 shall not constitute a waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any rent or any other act in apparent affirmance of the other provisions and conditions tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the term of this SubleaseLease except as otherwise expressly provided herein. Nothing in The preceding provisions of this provision Section 16.02 shall not be construed as consent for Tenant to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end retain possession of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy Property in the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end absence of any month. If Subtenant holds over after the expiration of the Sublease Term written consent thereto by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityLandlord.

Appears in 1 contract

Samples: Lease Agreement (Life Sciences Research Inc)

Surrender Holding Over. (a) This Lease shall terminate on the Lease Expiration Date without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease Expiration Date, Subtenant Tenant shall quit and surrender possession of to Landlord the Sublease Premises to SublandlordPremises, broom-clean, in the same condition as the Sublease Premises were in on the first day of the Sublease Termgood order and condition, ordinary wear and tear excepted; and shall surrender to Landlord all keys to or for the Premises. (b) Tenant shall remove all of Tenant’s Property (and any Leasehold Improvements as Landlord may direct) prior to the Lease Expiration Date or the termination of Tenant’s right to possession. Tenant shall repair any damage to the remaining Leasehold Improvements, the Premises or any other portion of the Building or the Project caused by such removal. If Subtenant Tenant fails to timely remove said items, they shall be considered as abandoned and shall become the property of Landlord, or Landlord may have them removed and disposed of at Tenant’s sole cost and expense, which shall be reimbursed to Landlord by Txxxxx, as Additional Rent, upon demand (c) If Tenant fails to vacate the Premises on the Lease Expiration Date, Landlord shall have the benefit of all provisions of law respecting the speedy recovery of possession of the Premises (whether by summary proceedings or otherwise). In addition to and not in limitation of the foregoing, occupancy subsequent to the Lease Expiration Date (“Holdover Occupancy”) shall be a tenancy at will. Holdover Occupancy shall be subject to all terms, covenants, and conditions of the Lease (including those requiring payment of Additional Rent), except that the Base Rent for each day that Tenant holds over (“Holdover Minimum Rent”) shall be equal to one and one-half (1-1/2) times the per diem Base Rent payable in the last Lease Year. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration or other termination of the Sublease Term by lapse of time, with Sublandlord’s consent but without and that any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% breach or other violation of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing Section 32 may result in this provision shall be construed material damages to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord Landlord (including, including without limitation, any damages payable by Sublandlord to Landlord by reason in connection with its reletting of Subtenant’s holdoverthe Premises and/or other portions of the Building). In the event of such holding over, Subtenant Landlord shall indemnify and hold Sublandlord harmless from and against any and be entitled to recover all claims, suits, proceedings, losses, damages, liabilitiesincluding lost business opportunity regarding any prospective tenant(s) for the Premises, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred suffered by Sublandlord Landlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.Tenant’s Holdover Occupancy

Appears in 1 contract

Samples: Lease (Wellgistics Health, Inc.)

Surrender Holding Over. (a) Upon the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall (i) surrender possession of the Sublease Premises to Sublandlord, Landlord broom clean and in the same condition as the Sublease Premises were in on the first day Commencement Date (subject to Tenant’s removal obligations set forth in this Lease), reasonable wear and tear, casualty, condemnation and the obligations of Landlord under this Lease, excepted and (ii) comply with all of Tenant’s covenants under this Lease respecting turnover of the Sublease Premises to Landlord. (b) In the event of holding over by Tenant after expiration or termination of this Lease, Tenant shall pay, as Base Rent one hundred fifty percent (150%) of the monthly amount of Base Rent which Tenant was obligated to pay for the month immediately preceding the end of the Term (plus any Additional Rent); such amount shall be deemed earned by Landlord for the entire month and shall not be prorated for partial months. No holding over by Tenant after the Term shall operate to extend the Term. Notwithstanding this Section 20(b) to the contrary, ordinary wear and tear excepted. If Subtenant holds over after Tenant shall have the right to send written notice to Landlord (the “Holdover Notice”) not later than two hundred seventy (270) days prior to the expiration of the Sublease then-current Term by lapse that Tenant intends to hold over in the Premises beyond the expiration of timethe Term for a period not to exceed ninety (90) days, with Sublandlord’s consent but without any written agreement providing otherwisein which event during such ninety (90) day holdover period, then Subtenant Base Rent shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% one hundred percent (100%) of the monthly amount of Base Rent which Tenant was obligated to pay for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after immediately preceding the end of the Sublease TermTerm (plus any Additional Rent), orrather than, if Sublandlord has permitted Subtenant to occupy for the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period first ninety (90) days of such unlawful detention and shall pay rent equal to 200% holdover, the calculation of the Base Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover)set forth in this Section 20(b) hereinabove. In the event of any unauthorized holding over that continues in excess of ninety (90) days, and Landlord has delivered written notice to Tenant that Landlord has obtained a new tenant for all or any part of the Premises (a “New Tenant”), then Tenant shall indemnify and hold Landlord harmless from all claims for damages arising from such holding over, Subtenant shall indemnify including all reasonable legal costs and hold Sublandlord harmless from and against any fees and all claims, suits, proceedings, losses, damages, liabilities, costs claims by any other lessee to whom Landlord may have leased all or any part of the Premises covered hereby. Any holding over with the consent of Landlord in writing shall thereafter constitute this Lease a lease from month to month on the terms agreed upon by Landlord and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityTenant.

Appears in 1 contract

Samples: Deed of Lease (ICF International, Inc.)

Surrender Holding Over. Upon the expiration or earlier At termination of this SubleaseLease, Subtenant Lessee shall surrender the Premises and keys thereof to Lessor in same condition as at commencement of Term, broom clean, normal wear and tear only excepted, and shall promptly remove from the Premises all signs, trash, debris and property of Lessee. If upon any termination of this Lease herein, Lessee shall be liable in any amount to Lessor, Lessor shall have a lien upon the personal property and effects of Lessee at the Premises and Lessor may, at its option without notice, sell at public or private sale all or part of said property and effects for such price as Lessor may deem best and apply the proceeds of such sale upon any amount due under this Lease from Lessee to Lessor, including the expenses of removal and sale. If Lessee remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day after expiration of the Sublease Lease Term, ordinary wear with Lessor’s knowledge and tear exceptedwithout any distinct agreement of the parties, Lessee shall be a tenant from month to month and such tenancy shall be subject to all the provisions hereof, except that the Monthly Rental shall be as negotiated for such holdover period, but not less than the Monthly Rental payable during the last month prior to the expiration of the Lease Term or any renewal or extension thereof, and there shall be no renewal of this Lease by operation of law. If Subtenant holds over In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the Demised Premises after the expiration of the Sublease Term by lapse Lease Term, it shall so remain as a tenant from month-to-month and all provisions of timethis Lease applicable to such tenancy shall remain if full force and effect, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant except that the monthly rental shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent rental payable for the final last month of the Sublease Term, and subject to all term of the other provisions and conditions Lease plus one hundred per cent (100%) of this Subleasesuch amount. Nothing in this provision The inclusion of the proceeding sentence shall not be construed as Lessor’s permission for Lessee to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding hold over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Ebank Financial Services Inc)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any sort, quit and surrender possession of the Sublease Demised Premises to SublandlordLANDLORD in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as LANDLORD is required to repair or restore under the terms of this Lease, and TENANT shall remove all of TENANT's property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and Surrender the Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT's failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Demised Premises against LANDLORD based on delay of LANDLORD in delivering possession of the Demised Premises to said succeeding tenant to the extent such delay is occasioned by the failure of TENANT to so quit and surrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD's rights of re-entry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after TENANT shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant TENANT shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of binding on the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered LANDLORD unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or LANDLORD in equitywriting.

Appears in 1 contract

Samples: Lease Agreement (Jabil Circuit Inc)

Surrender Holding Over. Upon Tenant shall deliver up and surrender to the expiration or earlier termination of this Sublease, Subtenant shall surrender Landlord possession of the Sublease Premises to Sublandlordupon the expiration of the lease term, or its earlier termination for any reason, in as good condition and repair as the same condition as shall be at the Sublease Premises were in on the first day commencement of the Sublease Term, Term (ordinary wear and tear excepted), shall deliver the keys to the Property manager, and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. If Subtenant holds over Upon such surrender by Tenant, should the Premises require any repairs which are the responsibility of the Tenant hereunder, Landlord shall have the right to make such repairs at Tenant's sole cost. In the event Tenant or any party claiming under Tenant remain in possession of the Premises or any part thereof after the expiration of this Lease without Landlord's consent, no tenancy or interest in the Sublease Premises will result, and such action shall result in unlawful detainer and that party shall be subject to immediate eviction and removal (provided that, during any such period of occupancy by Tenant after the date the Lease Term by lapse expires or terminates, Tenant shall be obligated to pay an occupancy charge to Landlord at a per diem rate equal to two hundred percent (200%) of time, the per diem Base Rent and Additional Rent which was in effect during the last month of the Lease Term). In the event Tenant remains in possession of the Premises after the expiration of this Lease with Sublandlord’s Landlord's written consent but without any written agreement providing otherwisethe execution of a new lease, then Subtenant it shall be deemed to be occupying the Premises as a subtenant tenant from month to month, month at a monthly Rent rental equal to 150% one hundred percent (100%) of the monthly Base Rent for the final month of the Sublease Term, herein provided and otherwise subject to all the conditions, provisions and obligations of this Lease, including, but not limited to, Tenant's obligation to pay its Proportionate Share of increases in Taxes, Insurance Costs and Common Area Costs, and other obligations constituting "Additional Rent" as set forth herein, adjusted as necessary or appropriate to make the same applicable to a month to month tenancy. Tenant hereby agrees that Tenant shall give to Landlord at least thirty (30) days written notice to quit the Premises. The foregoing shall not constitute Landlord's consent for Tenant to holdover. In the event Tenant remains in possession of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, this Lease without Sublandlord’s written Landlord's consent, Subtenant Tenant shall be guilty also pay to Landlord all damages sustained by Landlord resulting from retention of an unlawful detention possession by Tenant, including without limitation the loss of any proposed subsequent tenant for any portion of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityPremises.

Appears in 1 contract

Samples: Lease (Creditrust Corp)

Surrender Holding Over. Upon the expiration or earlier other termination of this SubleaseLease, Subtenant Lessee shall quit and surrender possession to the Lessor the Leased Premises and Lessee’s rights with respect to the Real Estate, together with all property affixed to the Leased Premises (with the exception of the Sublease Premises to Sublandlord, Lessee’s trade fixtures) in the same condition as the Sublease Leased Premises were in on the first day of the Sublease Termreceived by Lessee, ordinary wear and tear and damage by fire and the elements excepted; provided, however, that prior to the expiration or other termination of the Lease, Lessee shall, at Lessee’s sole cost and expense, unless Lessor shall otherwise agree in writing: (a) Remove those interior walls shown in red on Exhibit C attached hereto, and any replacements thereof, and all additional interior walls constructed by Lessee during the term of this Lease; (b) Remove the doors and doorways in the interior demising walls between the original units of the Leased Premises and close the openings to restore them to their original conditions; (c) Return the loading door shown in red on Exhibit C attached hereto to its original size and reinstall adequate truck door seals thereto; and (d) Comply with the provisions of paragraph 20 hereof with respect to the overhead driveway connecting the Leased Premises to the building to the South, unless previously removed. Lessee shall also remove any other equipment, trade fixtures and other property of Lessee as directed by the Lessor. Any damage caused to the Leased Premises by removal of any leasehold improvements or property shall be promptly repaired by the Lessee to the reasonable satisfaction of the Lessor. In the event Lessee fails to restore the Leased Premises or to remove any property as herein required, the Lessor may cause such restoration and removal to be done at the expense of the Lessee, and the Lessee agrees to pay all reasonable costs, expenses and damages thereby incurred. Lessee’s obligation to observe or perform this covenant shall survive the expiration or other termination of this Lease. If Subtenant holds over the Lessee shall remain in possession of all or any part of the Leased Premises after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwiseLease Term, then Subtenant the Lessee shall be deemed to be a subtenant Lessee of the Leased Premises from month to monthmonth subject to all the terms and conditions hereof, at a except the monthly Rent equal to 150% rent payable by Lessee shall be one hundred twenty-five percent (125%) of the monthly Rent rent paid by Lessee for the final last month of the Sublease Lease Term, and subject . Either Lessee or Lessor shall have the right to all of terminate such month-to-month tenancy upon not less than ninety (90) days prior written notice to the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityother.

Appears in 1 contract

Samples: Lease Amendment (Bway Corp)

Surrender Holding Over. This Lease shall terminate upon expiration of the Lease Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall surrender possession peacefully surrender, quit and vacate the Premises and deliver the same to Landlord in good order, condition and repair, as the same shall be on the date of execution of this Lease or, at Landlord’s option, the Sublease Premises to Sublandlord, date Tenant opens for business in the same condition as Premises, or the Sublease date any subsequent improvements to the Premises were in on the first day of the Sublease Termare completed, ordinary wear and tear exceptedand damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted . If Subtenant holds The Premises shall be delivered broom clean, with all trash removed. Tenant shall also deliver to Landlord all keys to the Premises and shall inform Land lord of all combinations and codes on any locks, alarms, safes and vaults in the Premises. In the event of holding over by Tenant after expiration or other termination of this Lease, or in the event Tenant continues to occupy the Premises after the termination of Tenant’s right of possession pursuant to Section 24(b), Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and Additional Rent had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant after the expiration of the Sublease Lease Term by lapse shall be construed to extend the term of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant this Lease. Tenant shall be deemed to be a subtenant from month tenant-at-sufferance during such holdover period. If, as a direct result of Tenant’s holding over in the Premises, Landlord suffers damages or incurs additional obligations to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to any third Party who has leased part or all of the other provisions and conditions of this Sublease. Nothing in this provision Premises, Tenant shall be construed indemnify Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period extent of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Termdamages or additional obligations, plus any and all consequential damages suffered by Sublandlord (including, including without limitation, damages payable by Sublandlord to Landlord by reason of Subtenantlimitation Landlord’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityfees.

Appears in 1 contract

Samples: Lease Agreement (Diversified Health & Fitness Inc)

Surrender Holding Over. (a) Upon the expiration or earlier sooner termination of this SubleaseLease, Subtenant Tenant shall peaceably and quietly leave, yield up and surrender possession of the Sublease Leased Premises and Equipment to Sublandlord, Landlord in the same good condition as the Sublease Premises were in on the first day of the Sublease Termand repair, ordinary wear and tear excepted, but clean, orderly and free of occupants. If Subtenant holds Tenant shall remove from the property prior to such expiration or sooner termination all property situated thereon which is not owned by Landlord, and Tenant shall, at its sole cost and expense, repair any damage caused by such removal. Property not so removed shall become the property of Landlord, which may thereafter cause such property to be removed from the Leased Premises and disposed of, but the cost of any such removal shall be borne by Tenant. (b) In the event of Tenant's holding over after the expiration or termination of this Lease, the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant holdover shall be deemed to be a subtenant from month to month, tenancy at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Termwill, and subject to all of the other terms and provisions and conditions of this Sublease. Nothing in this provision Lease shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Termapplicable thereto, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises except that Tenant shall pay Landlord as rental for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent holdover an amount equal to 200% one and one half the Rent which would have been payable by Tenant had the holdover period been a continuation of the Rent for term of this Lease. Tenant agrees to vacate and deliver the final month of the Sublease Term, plus any Leased Premises and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord Equipment to Landlord by reason upon Tenant's receipt of Subtenant’s holdover)written notice from Landlord to vacate. In The rental payable during the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord holdover period shall be entitled payable to all other remedies and damages provided under Landlord on demand. No holding over by Tenant, with or without consent of Landlord, shall operate to extend this Sublease or at law or in equityLease except as otherwise expressly provided.

Appears in 1 contract

Samples: Lease (Minnesota Brewing Co)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by Landlord upon the demised premises, Tenant shall peaceably and without notice of any sort, quit and surrender possession of the Sublease Premises demised premises to SublandlordLandlord in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termand repair, except for ordinary wear and tear excepted. If Subtenant holds over after and such damage or destruction as landlord is required to repair or restore under the expiration terms of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Termthis Lease, and subject to Tenant shall remove all of the other provisions Tenant's property therefrom. Tenant specifically agrees, that in the event Tenant retains possession and conditions of this Sublease. Nothing in this provision shall be construed does not so quit or surrender the demised premises to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease TermLandlord, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and then Tenant shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason (i) all reasonable damages that Landlord may suffer on account of Subtenant’s holdover). In Tenant's failure to so surrender and quit the event of such holding overdemised premises, Subtenant shall and Tenant will indemnify and hold Sublandlord save Landlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs claims made by any succeeding tenant of the demised premises against Landlord on account of delay of Landlord in delivering possession of the demised premises to said succeeding tenant to the extent that such delay is occasioned by the failure of Tenant to so quit and expenses, including, without limitation, reasonable attorneys’ fees surrender said premises and disbursements, asserted against (ii) rent for each month or incurred by Sublandlord as any applicable portion of a result month of such unapproved holding overover at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the Tenant thus remains in possession. Notwithstanding The provisions of this paragraph do not waive any of the foregoingLandlord's rights of re-entry or any other right under the terms of this Lease. If Tenant shall fail to surrender the premises as herein provided, Sublandlord no new tenancy shall be entitled to all other remedies created and damages provided under Tenant shall be guilty of unlawful detainer. No surrender of this Sublease Lease or at law or of the premises shall be binding on the Landlord unless acknowledged by Landlord in equitywriting.

Appears in 1 contract

Samples: Business Property Lease (Pharmasystems Holdings Corp)

Surrender Holding Over. Upon On the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall surrender possession of yield up the Sublease Premises to Sublandlord, Landlord in the same condition and repair in which the Premises were on the Commencement Date, or as the Sublease same may have been improved during the Term, reasonable wear and tear, obsolescence excepted, and subject to fire and casualty and condemnation which shall be governed by the applicable provisions of this Lease. Tenant shall not be required to remove any Tenant Improvements or alterations or other improvements to the Premises were permitted by Landlord unless Landlord's consent thereto was conditioned in on writing upon removal thereof. Tenant shall, however, have the first day right to remove any trade fixtures or equipment, provided it shall repair any damage to the Premises resulting therefrom. If Tenant remains in possession of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over Premises after the expiration of the Sublease Term Term, or after any permitted termination of the Lease by lapse of timeLandlord, with Sublandlord’s consent but Landlord's acquiescence and without any written agreement providing otherwisebetween the parties, then Subtenant Tenant shall be deemed a tenant at sufferance and such tenancy shall be subject to all the provisions hereof, except that the Monthly Base Rental for said holdover period shall be a subtenant from month to month, at a monthly Rent equal to one hundred fifty percent (150% %) of the monthly amount of Rent for due in the final last full month of the Sublease Term, and subject to all of the other provisions and conditions . There shall be no renewal of this SubleaseLease by operation of law. Nothing in this provision Paragraph shall be construed as a consent by Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end possession of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over by Tenant after the expiration or earlier termination of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Labone Inc/)

Surrender Holding Over. Upon (a) Subtenant shall be responsible for all restoration and removal obligations relating to the Subleased Premises if and to the extent required by Landlord; provided, however, that Subtenant shall not be liable or responsible for removing any alterations or improvements installed by or on behalf of Sublandlord prior to the Commencement Date. Subtenant will surrender the Subleased Premises to Sublandlord upon the expiration or sooner termination of this Sublease in accordance with the terms of the Master Lease, in broom-clean condition, free of Subtenant’s personal property, furniture, fixtures and equipment and the FF&E (subject to the terms of Section 19 below) located in the Subleased Premises, with any damage caused by Subtenant’s removal of such items repaired to Sublandlord’s reasonable satisfaction and at Subtenant’s sole cost and expense. (b) If Subtenant fails to surrender the Subleased Premises at the expiration or earlier termination of this Sublease, occupancy of the Subleased Premises after the termination or expiration shall be that of a tenancy at sufferance. Subtenant’s occupancy of the Subleased Premises during the holdover shall be subject to all the terms and provisions of this Sublease and Subtenant shall surrender possession of pay an amount (on a per month basis without reduction for partial months during the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent holdover) equal to 150% of the monthly sum of the Base Rent and Additional Rent due for the final month of period immediately preceding the Sublease Term, and subject to all of holdover. No holdover by Subtenant or payment by Subtenant after the other provisions and conditions expiration or early termination of this Sublease. Nothing in this provision Sublease shall be construed to require extend the Term or prevent Sublandlord to permit Subtenant to occupy the Sublease Premises after the end from immediate recovery of possession of the Sublease Term, orSubleased Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Sublandlord has permitted Subtenant is unable to occupy deliver possession of the Sublease Subleased Premises to a new subtenant or to Landlord, as the case may be, or to perform improvements for any period a new subtenant, as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end result of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without SublandlordSubtenant’s written consentholdover, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursementsconsequential damages, asserted against or incurred that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such damages may include all of the holdover rent charged by Sublandlord Landlord under the Master Lease as a result of such unapproved holding over. Notwithstanding Subtenant’s holdover, which Master Lease holdover rent may apply to the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityentire Master Lease Premises.

Appears in 1 contract

Samples: Sublease (Pegasystems Inc)

Surrender Holding Over. Upon 24.01. On the last day of the term of this Lease, or upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Demised Premises, Tenant shall quit and surrender the Demised Premises to Landlord broom clean, in good order, condition and repair except for ordinary wear and tear and damage by fire or other insured casualty; Tenant shall remove Tenant's property subject to the provisions of Article 14 hereof; and Tenant shall surrender to Landlord all keys to offices, lavatories and mail boxes and all Building identification cards possessed by Tenant's employees. 24.02. If Tenant holds over after the expiration or earlier termination of this Subleasethe Term hereof without the express written consent of Landlord, Subtenant Tenant shall surrender possession become a Tenant at sufferance only, and shall pay a fee for use and occupancy equal to one hundred fifty percent (150%) of the Sublease Premises to Sublandlord, fixed monthly rent and all additional rent payments in effect upon the same condition as the Sublease Premises were in on the first day date of such expiration or earlier termination of the Sublease TermTerm hereof, ordinary wear and tear exceptedotherwise will be subject to the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of reentry or any rights of Landlord hereunder or as otherwise provided by law. If Subtenant holds over after Tenant fails to surrender the Premises upon the expiration of the Sublease Term this Lease despite demand to do so by lapse of timeLandlord, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant Tenant shall indemnify and hold Sublandlord Landlord harmless from all loss and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expensesliability, including, without limitation, reasonable attorneys’ any claims made by any succeeding prospective tenant founded on or resulting from such failure to surrender and any attorney’s fees and disbursements, asserted against or incurred by Sublandlord costs which Landlord incurs as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityclaims.

Appears in 1 contract

Samples: Lease Agreement (Clean Diesel Technologies Inc)

Surrender Holding Over. Upon the Expiration Date or earlier termination of this Lease, or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.2, Tenant, at Tenant’s sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as at the beginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Tenant’s improvements were made with Landlord’s consent), reasonable use and wear thereof and repairs which are Landlord’s obligations under Article 9, Article 15 and Article 16 only excepted, and Tenant shall, pursuant to Section 10.3 hereof, remove all of Tenant’s Premises Property and turn over all keys for the Premises to Landlord. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to require Tenant to remove, at Tenant’s sole cost and expense, all phone and data cabling used by the Tenant, and Tenant shall repair any damage caused to the Premises or the Building as a result of such removal. Should Tenant continue to hold the Premises after the expiration or earlier termination of this SubleaseLease, Subtenant such holding over, unless otherwise agreed to by Landlord in writing, shall surrender possession constitute and be construed as a tenancy at sufferance at monthly installments of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to (i) one hundred fifty percent (150% %) of the Base Rent in effect as of the date of expiration or earlier termination for the first sixty (60) days of any such holdover, and (ii) two hundred percent (200%) of the monthly portion of Rent for the final month in effect as of the Sublease Termdate of expiration or earlier termination after the first sixty (60) days of any such holdover, and subject to all of the other provisions terms, charges and conditions of expenses set forth herein except any right to renew this SubleaseLease or to expand the Premises or any right to additional services. Nothing in this provision Tenant shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall also be liable to Sublandlord Landlord for damages for use all consequential and other damage which Landlord suffers because of any holding over by Tenant, and, after the first thirty (30) days of any such holdover, Tenant shall indemnify Landlord against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Sublease Premises during to such other tenant or prospective tenant. The provisions of this Article 19 shall survive the period expiration or earlier termination of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityLease.

Appears in 1 contract

Samples: Lease Agreement (Calamos Asset Management, Inc. /DE/)

Surrender Holding Over. Upon the expiration or earlier At termination of this SubleaseLease, Subtenant Lessee shall surrender the Premises and keys thereof to Lessor in same condition as at commencement of Term, broom clean, normal wear and tear only excepted, and shall promptly remove from the Premises all signs, trash, debris and property of Lessee. If upon any termination of this Lease herein, Lessee shall be liable in any amount to Lessor, Lessor shall have a lien upon the personal property and effects of Lessee at the Premises and Lessor may, at its option without notice, sell at public or private sale all or part of said property and effects for such price as Lessor may deem best and apply the proceeds of such sale upon any amount due under this Lease from Lessee to Lessor, including the expenses of removal and sale. If Lessee remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day after expiration of the Sublease Lease Term, ordinary wear with Lessor’s knowledge and tear exceptedwithout any distinct agreement of the parties, Lessee shall be a tenant from month to month and such tenancy shall be subject to all the provisions hereof, except that the Monthly Rental shall be as negotiated for such holdover period, but not less than the Monthly Rental payable during the last month prior to the expiration of the Lease Term or any renewal or extension thereof, and there shall be no renewal of this Lease by operation of law. If Subtenant holds over In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the Demised Premises after the expiration of the Sublease Term by lapse Lease Term, it shall so remain as a tenant from month-to-month and all provisions of timethis Lease applicable to such tenancy shall remain if full force and effect, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant except that the monthly rental shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent rental payable for the final last month of the Sublease Term, and subject to all term of the other provisions and conditions Lease plus one hundred percent (100%) of this Subleasesuch amount. Nothing in this provision The inclusion of the proceeding sentence shall not be construed as Lessor’s permission for Lessee to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding hold over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Ebank Financial Services Inc)

Surrender Holding Over. This Lease shall terminate at 11:59 p.m. on the day of the expiration of the Lease Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease (or such other time as Tenant may vacate the Premises, Subtenant notwithstanding that so vacating may constitute a default), Tenant shall surrender possession peacefully surrender, quit and vacate the Premises and deliver up same to Landlord in accordance with the terms of this Lease and in good order, condition and repair, as the Sublease Premises to Sublandlord, same shall be on the date Tenant opens for business in the same condition as Premises, or the Sublease date any subsequent improvements to the Premises were in on the first day of the Sublease Termare completed, ordinary wear and tear and damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted, broom clean, with all trash removed. If Subtenant holds Tenant shall also deliver to Landlord all keys to the Premises and shall inform Landlord of all combinations and codes on any locks, alarms, safes and vaults in the Premises. In the event of holding over by Tenant after expiration or other termination of this Lease, or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Paragraph 24(b) hereof, Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant after the expiration of the Sublease Lease Term by lapse shall be construed to extend the term of timethis Lease, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant and Tenant shall be deemed to be a subtenant from month tenant-at-sufferance during such holdover period. If, as a direct result of Tenant's holding over in the Premises after expiration or other termination of this Lease, Landlord suffers damages or incurs additional obligations to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to any third party who has leased part or all of the other provisions and conditions of this Sublease. Nothing in this provision Premises, Tenant shall be construed indemnify Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period extent of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Termdamages or additional obligations, plus any and all consequential damages suffered by Sublandlord (including, including without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable limitation Landlord's attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity' fees.

Appears in 1 contract

Samples: Lease Agreement (Legal Club of America Corp)

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Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any sort, quit and surrender possession of the Sublease Demised Premises to SublandlordLANDLORD in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as LANDLORD is required to repair or restore under the terms of this Lease, and TENANT shall remove all of TENANT's property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and Surrender the Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT's failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Demised Premises against LANDLORD based on delay of LANDLORD in delivering possession of the Demised Premises to said succeeding tenant to the extent such delay is occasioned by the failure of TENANT to so quit and surrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD's rights of re-entry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after TENANT shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant TENANT shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of binding on the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered LANDLORD unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover)LANDLORD in writing. In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.* 175%

Appears in 1 contract

Samples: Lease Agreement (Rexall Sundown Inc)

Surrender Holding Over. Upon On the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall surrender possession of yield up the Sublease Premises to Sublandlord, Landlord in the same condition and repair in which the Premises were on the date Tenant took possession of the Premises, or as the Sublease same may have been improved during the Term, reasonable wear and tear, obsolescence, damage caused by the negligent acts (but not negligent omissions) or willful misconduct of Landlord, its agents, employees, invitees, contractors and others for whom Landlord is legally responsible, and damage caused by any breach of any of Landlord’s obligations under this Lease, excepted, and subject to fire and casualty and condemnation which shall be governed by the applicable provisions of this Lease. Except as set forth at Section 7(d) and at Exhibit H, Tenant shall not be required to remove any Tenant Improvements or permanent alterations or other permanent improvements to the Premises; however, Tenant shall have the right to remove any trade fixtures or equipment, provided it shall repair any damage to the Premises were resulting therefrom. If Tenant remains in on the first day possession of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over Premises after the expiration of the Sublease Term Term, or after any permitted termination of this Lease by lapse of timeLandlord, with SublandlordLandlord’s consent but acquiescence and without any written agreement providing otherwisebetween the parties, then Subtenant Tenant shall be deemed a tenant at sufferance and such tenancy shall be subject to all the provisions hereof, except that the Monthly Base Rental for said holdover period shall be a subtenant from month to month, at a monthly Rent equal to one hundred fifty percent (150% %) of the monthly amount of Rent for due in the final last full month of the Sublease Term, and subject to all of the other provisions and conditions . There shall be no renewal of this SubleaseLease by operation of law. Nothing in this provision Paragraph shall be construed as a consent by Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end possession of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over by Tenant after the expiration or earlier termination of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Diodes Inc /Del/)

Surrender Holding Over. Upon (a) In the event Tenant gives Landlord notice not more than one hundred twenty (120) days nor less than ninety (90) days prior to the Lease Expiration Date that Tenant, or anyone (including a sublessee) claiming under Tenant, will not immediately surrender the Demised Premises on the expiration of the Term, Landlord, within thirty (30) days of receipt of such notice, shall provide Tenant with written consent (which Tenant expressly agrees may be withheld for any reason) or shall in its sole and absolute discretion notify Tenant that it does not consent to holding over by Tenant or anyone claiming under Tenant beyond the Lease Expiration Date. (b) Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Demised Premises at any time after the expiration of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration of the Term without Landlord's prior written consent, Landlord shall have the right to regain possession of the Demised Premises by any legal process in force at such time. Furthermore, in the event Tenant continues to occupy the Demised Premises after the expiration of the Term without Landlord's prior written consent, Tenant shall then be liable to pay to Landlord, as liquidated damages, an amount equal to one and one-half (1 1/2) times the total Base Rent being paid immediately prior to the Lease Expiration Date, divided by 365, for each day or part of a day that Tenant occupies the Demised Premises after the date of expiration of the Term, plus any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Demised Premises and to recover said liquidated damages. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. (c) If, pursuant to the prior written consent of Landlord, Tenant, or anyone (including a sublessee) claiming under Tenant, does not immediately surrender the Demised Premises on the date of the expiration of this Lease, then Tenant shall, by virtue of the provisions hereof, become a Tenant by the month at a monthly rental equal to one hundred fifty percent (150%) of the Rent in effect at the termination of the Lease but otherwise on the same terms and provisions of this Lease. Said monthly tenancy shall commence with the first day next after the Lease Expiration Date. Tenant, as a monthly Tenant, shall be subject to all of the terms, covenants, and conditions of this Lease. In the event Tenant becomes a monthly Tenant under the provisions of this Section 30, such tenancy shall be terminable by Landlord upon thirty (30) days' written notice to Tenant, except in the event of non-payment of Base Rent, Additional Rent, or any other charge or cost, in which case, Tenant shall be deemed to have waived its right to receive any notice to quit. (d) At the expiration or earlier termination of this Subleasethe Term, Subtenant Tenant shall surrender possession of the Sublease Premises Demised Premises, including all Alterations, to Sublandlord, Landlord in the same condition as the Sublease Premises were in on the first day of the Sublease TermLease Commencement Date, ordinary wear and tear and damage by fire or other casualty excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Silver Diner Development Inc /Md/)

Surrender Holding Over. Upon the expiration of this Lease or the earlier termination of this SubleaseTenant's right to possession, Subtenant Tenant shall surrender possession immediately vacate the Premises, remove all of its personal property therefrom and leave the Sublease Premises to Sublandlord, in the same condition as required by this Lease. Any property required to be removed pursuant to the Sublease Premises were in on the first day terms of the Sublease Termthis Lease and not removed shall be deemed abandoned, ordinary wear and tear exceptedTenant shall be liable for all costs of removal and disposal. If Subtenant holds over Tenant continues to occupy the Premises or any part thereof, after the expiration or termination of the Sublease Term by lapse Term, whether with or without the consent of timethe Landlord, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant such tenancy shall be deemed at will (except that Landlord shall have the right, by giving written notice thereof to Tenant at time while Tenant remains in possession of any portion of the Premises, to convert such holdover to a month-to month tenancy) and Tenant shall continue to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to bound by all of the other provisions terms and conditions of this SubleaseLease except that the monthly rent shall be one and one-half (1-1/2) times the Base Rent and Tenant's Additional Rent payable immediately prior to such expiration or termination. Nothing in this provision No holding over by Tenant after the Term shall be construed to require Sublandlord extend this Lease. The entitlement to permit Subtenant the holdover rental amount will be Landlord's exclusive right and remedy against Tenant for any holdover not in excess of sixty (60) days and will be deemed to occupy cover all liabilities, obligations or charges which may be incurred by Landlord because of a holdover by Tenant which does not exceed sixty (60) days, but neither this Section 30 nor the Sublease Premises after the end acceptance of any rent shall prevent Landlord from exercising any remedy to regain immediate possession of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any monthPremises. If Subtenant Tenant holds over after the expiration for a period in excess of the Sublease Term by lapse of timesixty (60) days, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and Tenant shall be liable to Sublandlord Landlord for all damages which Landlord sustains because of such hold over including all claims for damages for use by any tenant to whom Landlord may have leased all or any part of the Sublease Premises during effective upon the period termination of such unlawful detention this Lease and shall pay rent equal to 200% for any other liability, loss, cost, damage or expense (including attorneys' fees, disbursements of the Rent for the final month counsel and any costs of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or suit) incurred by Sublandlord Landlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Office Lease (Capella Education Co)

Surrender Holding Over. Upon (A) Subtenant shall surrender the Subleased Premises in as good, and substantially the same, condition in which they were delivered to Subtenant, ordinary wear and tear and damage by casualty excepted, and otherwise in the condition required under the Prime Lease. (B) Subtenant shall have no right to hold over at the Subleased Premises beyond the Expiration Date or earlier termination of this Sublease. If Subtenant remains in possession after the expiration or earlier termination of the Term such occupancy shall be as a tenant at sufferance and Subtenant shall pay as liquidated damages (and not as rent) (i) an amount equal to (A) for the first thirty (30) days of such holdover, one hundred fifty percent (150%) of the Fixed Rent in effect at the time of the expiration or termination of this Sublease, Subtenant shall surrender possession and (B) thereafter, two hundred percent (200%) of the Sublease Premises to Sublandlord, Fixed Rent in effect at the same condition as the Sublease Premises were in on the first day time of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions or termination of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any Additional Rent, prorated on a daily basis for each such day of continued occupancy, and (ii) all consequential damages suffered by Sublandlord (including, without limitation, damages amounts payable by Sublandlord to Prime Landlord by reason of Subtenant’s holdover). In under the event Prime Lease as a result of such holding overholdover, including consequential damages, as more particularly set forth in Section 6.10 of the Prime Lease, but only to the extent that Sublandlord is liable for, and actually remits payment to Prime Landlord on account of, such consequential damages pursuant to Section 6.10 of the Prime Lease. Subtenant shall xxxxxx agrees to indemnify Sublandlord against and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, damages incurred (including reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord attorney’s fees) as a result of such unapproved holding overholdover, including but not limited to all amounts paid by Sublandlord to Prime Landlord pursuant to the Prime Lease as a result of such continued occupancy by Subtenant. Notwithstanding the foregoing, Sublandlord Nothing herein shall be entitled deemed to all limit Sublandlord's rights to evict Subtenant, or any other rights or remedies and damages provided under legally available to Sublandlord. No receipt of money by Sublandlord from Subtenant after expiration or termination of this Sublease shall reinstate or at law or in equityextend this Sublease without the express written consent of Sublandlord.

Appears in 1 contract

Samples: Sublease Agreement (Braze, Inc.)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by Landlord upon the Demised Premises, Tenant shall peaceably and without notice of any sort, quit and surrender possession of the Sublease Demised Premises to SublandlordLandlord in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as Landlord is required to repair or restore under the terms of this Lease, and Tenant shall remove all of Tenant’s property therefrom. Tenant specifically agrees that in the event Tenant retains possession and does not so quit and Surrender the Demised Premises to Landlord, then Tenant shall pay Landlord (i) all damages that Landlord may suffer on account of Tenant’s failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Demised Premises against Landlord based on delay of Landlord in delivering possession of the Demised Premises to said succeeding tenant to the extent such delay is occasioned by the failure of Tenant to so quit and surrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of the Lease, during the time Tenant thus remains in possession. The provisions of this paragraph do not waive any of Landlord’s rights of reentry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after Tenant shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant Tenant shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered binding on Landlord unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equitywriting.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pc Universe Inc)

Surrender Holding Over. Upon 21.01. On the expiration last day of the Term or upon the earlier termination of this SubleaseLease, Subtenant Tenant shall remove Tenant's Property and peaceably and quietly surrender the Premises to Landlord in accordance with the Terms of the Lease, broom clean, in good order, repair and condition, excepting only reasonable wear and tear resulting from normal use and damage by fire or casualty. Prior to the surrender of the Premises to Landlord, Tenant at its sole cost and expense shall remove all liens and other encumbrances that may have resulted from the acts or omissions of Tenant. If Tenant fails to do any of the foregoing, Landlord, in addition to other remedies available to it at law or equity, may, without notice, enter upon, reenter, possess and repossess the Premises, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove Tenant and all persons and property from the Premises; and Tenant waives any and all damages or claims for damages as a result thereof. Such dispossession and removal of Tenant shall not constitute a waiver by Landlord of any claims by Landlord against Tenant. 21.02. If Tenant does not surrender possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease TermTerm or upon earlier termination of this Lease, or, if Sublandlord has permitted Subtenant Tenant shall be a tenant-at-sufferance of Landlord and the monthly Base Rent due during such holdover period shall be 1.5 times the installment of Base Rent payable with respect to occupy the Sublease Premises for any period as a subtenant from last full calendar month immediately prior to month, to prevent Sublandlord from terminating such subtenancy at the end of any monththe Term or termination of this Lease. If Subtenant holds over after the expiration of the Sublease Term by lapse of timeIn addition, without Sublandlord’s written consent, Subtenant Tenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable continue to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the all applicable Additional Rent for the final month of the Sublease Termsuch period. No holding over by Tenant shall operate to extend this Lease, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In in the event of any such holding over, Subtenant Tenant shall, in addition to all other obligations and liabilities of Tenant hereunder (all of which shall indemnify remain in full force and effect during the entire period of any such holding over) indemnify, defend, and hold Sublandlord harmless Landlord from and against any and all claims, suits, proceedings, losses, damages, costs, expenses and liabilities, including but not limited to court costs and expensesattorney's fees, by any person or entity, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result Overlandlord and/or mortgagees of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityBuilding.

Appears in 1 contract

Samples: Lease Agreement (Penwest Pharmaceuticals Co)

Surrender Holding Over. (a) This Lease shall terminate on the Lease Expiration Date without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease Expiration Date, Subtenant Tenant shall quit and surrender possession of to Landlord the Sublease Premises to SublandlordPremises, broom-clean, in the same condition as the Sublease Premises were in on the first day of the Sublease Termgood order and condition, ordinary wear and tear excepted; and shall surrender to Landlord all keys to or for the Premises. ​ (b) Tenant shall remove all of Tenant’s Property (and any Leasehold Improvements as Landlord may direct) prior to the Lease Expiration Date or the termination of Tenant’s right to possession. Tenant shall repair any damage to the remaining Leasehold Improvements, the Premises or any other portion of the Building or the Project caused by such removal. If Subtenant Tenant fails to timely remove said items, they shall be considered as abandoned and shall become the property of Landlord, or Landlord may have them removed and disposed of at Tenant’s sole cost and expense, which shall be reimbursed to Landlord by Xxxxxx, as Additional Rent, upon demand (c) If Tenant fails to vacate the Premises on the Lease Expiration Date, Landlord shall have the benefit of all provisions of law respecting the speedy recovery of possession of the Premises (whether by summary proceedings or otherwise). In addition to and not in limitation of the foregoing, occupancy subsequent to the Lease Expiration Date (“Holdover Occupancy”) shall be a tenancy at will. Holdover Occupancy shall be subject to all terms, covenants, and conditions of the Lease (including those requiring ​ payment of Additional Rent), except that the Base Rent for each day that Tenant holds over (“Holdover Minimum Rent”) shall be equal to one and one-half (1-1/2) times the per diem Base Rent payable in the last Lease Year. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration or other termination of the Sublease Term by lapse of time, with Sublandlord’s consent but without and that any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% breach or other violation of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing Section 32 may result in this provision shall be construed material damages to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord Landlord (including, including without limitation, any damages payable by Sublandlord to Landlord by reason in connection with its reletting of Subtenant’s holdoverthe Premises and/or other portions of the Building). In the event of such holding over, Subtenant Landlord shall indemnify and hold Sublandlord harmless from and against any and be entitled to recover all claims, suits, proceedings, losses, damages, liabilitiesincluding lost business opportunity regarding any prospective tenant(s) for the Premises, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred suffered by Sublandlord Landlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.Tenant’s Holdover Occupancy

Appears in 1 contract

Samples: Lease (Assure Holdings Corp.)

Surrender Holding Over. Upon (a) Subtenant will surrender the Subleased Premises to Sublandlord upon the expiration or sooner termination of this Sublease in accordance with the conditions required under the Master Lease, as incorporated herein, with all removal obligations relating to the Subtenant Improvements, if any, satisfied and in broom-clean condition, free of Subtenant’s personal property, furniture, fixtures or improvements with any damage caused by Subtenant’s removal of such items repaired to Sublandlord’s reasonable satisfaction and at Subtenant’s sole cost and expense, and Subtenant shall clean and repair all holes in all interior walls of the Subleased Premises made by Subtenant, clean and wax all floors and carpets located in the Subleased Premises, and remove all debris arising from the Subleased Premises from the Building, but in no event shall Subtenant be required to surrender the Subleased Premises in a condition better than received, reasonable wear and tear, casualty and condemnation excepted. (b) If Subtenant fails to surrender the Subleased Premises at the expiration or earlier termination of this Sublease, occupancy of the Subleased Premises after the termination or expiration shall be that of a tenancy at sufferance. Subtenant’s occupancy of the Subleased Premises during the holdover shall be subject to all the terms and provisions of this Sublease and Subtenant shall surrender possession pay an amount (on a permonth basis without reduction for partial months during the holdover) equal to one hundred fifty percent (150%) of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day sum of the Sublease Term, ordinary wear and tear exceptedBase Rent due for the period immediately preceding the holdover. If No holdover by Subtenant holds over or payment by Subtenant after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions or early termination of this Sublease. Nothing in this provision Sublease shall be construed to require extend the Term or prevent Sublandlord to permit Subtenant to occupy the Sublease Premises after the end from immediate recovery of possession of the Sublease Term, orSubleased Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Sublandlord has permitted Subtenant is unable to occupy deliver possession of the Sublease Subleased Premises to a new subtenant or to Landlord, as the case may be, or to perform improvements for any period a new subtenant, as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end result of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without SublandlordSubtenant’s written consentholdover, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for all damages for use to the extent in excess of the Sublease Premises during the period of such unlawful detention and shall pay holdover rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expensesset forth above, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred any Consequential Damages that Sublandlord suffers from the holdover. Subtenant expressly acknowledges that such damages may include all of the holdover rent charged by Sublandlord Landlord under the Master Lease as a result of such unapproved holding over. Notwithstanding Subtenant’s holdover, which Master Lease holdover rent may apply to the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityentire Master Lease Premises.

Appears in 1 contract

Samples: Sublease (Upstart Holdings, Inc.)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any sort, quit and surrender possession of the Sublease Demised Premises to SublandlordLANDLORD in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as LANDLORD is required to repair or restore under the terms of this Lease, and TENANT shall remove all of TENANT's property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and Surrender the Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT's failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Demised Premises against LANDLORD based on delay of LANDLORD in delivering possession of the Demised Premises to said succeeding tenant to the extent such delay is occasioned by the failure of TENANT to so quit and surrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at 175% the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD's rights of re-entry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after TENANT shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant TENANT shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of binding on the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered LANDLORD unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or LANDLORD in equitywriting.

Appears in 1 contract

Samples: Industrial Lease Agreement (Rexall Sundown Inc)

Surrender Holding Over. Upon A. On the expiration last day of the Term, or upon any earlier termination of this SubleaseLease in accordance with the terms hereof, Subtenant shall Tenant shall, at its own expense, quit and surrender possession of the Sublease Demised Premises to SublandlordLandlord broom clean, in good order, condition and repair except for ordinary wear, tear and damage by fire or other insured casualty, together with all improvements which have been made upon the same condition Demised Premises (except as otherwise provided for in this Lease), Tenant shall remove from the Sublease Demised Premises were in on and the first day Property all of Tenant's Property and shall deliver all keys and pass cards to Landlord. B. If the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after Demised Premises are not surrendered at the expiration of the Sublease Term Term, Tenant shall indemnify Landlord against loss or liability resulting from delay by lapse Tenant in so surrendering the Demised Premises, including any claims made by any succeeding tenant founded on such delay and reasonable attorneys’ fees incurred in connection therewith. C. After the expiration of timethe Term, with Sublandlord’s consent but without or any written agreement providing otherwiseextension thereof, then Subtenant if Tenant shall continue in possession thereafter, such possession shall be deemed to be on a subtenant from month-to-month to monthbasis upon the same terms of this Lease, but at a monthly Rent equal to one hundred fifty percent (150% %) of the monthly Base Rent for payable during the final last month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after expired Term until terminated at the end of the Sublease Term, or, if Sublandlord has permitted Subtenant month by either party upon thirty (30) days advance written notice to occupy the Sublease Premises for any period other party. Nothing contained herein shall be construed as a subtenant from month consent by the Landlord to month, to prevent Sublandlord from terminating such subtenancy at the end a holdover by Tenant or as a waiver of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord remedy available to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity. D. Tenant's obligations under this Article 12 shall survive the Expiration Date or sooner termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (VerifyMe, Inc.)

Surrender Holding Over. Upon (a) Except as otherwise expressly provided in this Lease, upon the expiration or termination of this Lease, Tenant agrees to peaceably and promptly surrender possession of the Premises to Landlord broom clean and in good condition and repair, subject to reasonable wear and tear and casualty damage; provided, Landlord hereby acknowledges that the standard of "reasonable wear and tear" expected of the Premises is that of a high volume restaurant, and that in no event shall Tenant be obligated to redecorate or repaint the Premises, nor replace mechanical equipment, ceiling or floor tiles, or light fixtures. Tenant shall remove any and all fixtures, equipment and signs installed by it no later than the expiration of the Term or thirty (30) days after the date of any earlier termination of this SubleaseLease and shall replace and repair, Subtenant shall at Tenant's own expense, all damage to the Premises caused by or resulting from such removal. (b) If, pursuant to the consent of Landlord, Tenant, or anyone (including a sublessee) claiming under Tenant, does not immediately surrender possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day date of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwisethis Lease, then Subtenant shall be deemed to be Tenant shall, by virtue of the provisions hereof, become a subtenant from Tenant by the month to month, at a monthly Rent rental equal to 150% one hundred twenty-five percent (125%) of the monthly Rent Tenant's total rental obligation for the final month of tenancy under the Sublease Term, and which rental shall be payable monthly in advance. Said monthly tenancy shall commence with the first day next after the Lease Expiration Date. Tenant, as a monthly Tenant, shall be subject to all of the other provisions terms, covenants, and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover)Lease. In the event Tenant becomes a monthly Tenant under the provisions of this Section 28, such tenancy shall be terminable by Landlord or Tenant upon thirty (30) days' written notice to the other. (c) If Tenant retains possession of the Premises or any part thereof after the termination of the Term of this Lease by lapse of time or otherwise, without the prior written approval of Landlord, Tenant becomes a holdover tenant from month-to-month on all of the terms set forth in this Lease, except as to rent and duration. The first three (3) months of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord month-to-month extension shall be entitled on all of the terms set forth in this Lease, except that the rent shall be one hundred twenty-five percent (125%) of the Base Land Rent in effect immediately prior to all other remedies and damages provided under the expiration or termination of this Sublease or at law or in equityLease.

Appears in 1 contract

Samples: Lease (Silver Diner Inc /De/)

Surrender Holding Over. This Lease shall terminate at 11:59 p.m. on the day of the expiration of the Lease Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease (or such other time as Tenant may vacate the Premises, Subtenant notwithstanding that so vacating may constitute a default), Tenant shall surrender possession peacefully surrender, quit and vacate the Premises and deliver up same to Landlord in accordance with the terms of this Lease and in good order, condition and repair, as the Sublease Premises to Sublandlord, same shall be on the date Tenant opens for business in the same condition as Premises, or the Sublease date any subsequent improvements to the Premises were are completed, damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted, broom clean, with all trash removed. Tenant shall also deliver to Landlord all keys to the Premises and shall inform Landlord of all combinations and codes on any locks, alarms, safes and vaults in on the first day Premises. In the event of holding over by Tenant after expiration or other termination of this Lease, or in the Sublease Termevent Tenant continues to occupy the Premises after the termination of Tenant's right of possession, ordinary wear Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and tear exceptedAdditional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. If Subtenant holds No holding over by Tenant after the expiration of the Sublease Lease Term by lapse shall be construed to extend the term of timethis Lease, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant and Tenant shall be deemed to be a subtenant from month to monthtenant-at-sufferance during such holdover period. If, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of Tenant's holding over in the Premises after expiration or other termination of this Lease, Landlord suffers damages or incurs additional obligations to any third party who has leased part or all of the Premises, Tenant shall indemnify Landlord to the extent of such unapproved holding over. Notwithstanding the foregoingdamages or additional obligations, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityincluding without limitation Landlord's attorneys' fees.

Appears in 1 contract

Samples: Lease Agreement (Car Charging Group, Inc.)

Surrender Holding Over. (a) SURRENDER. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not constitute a merger, and shall, at the option of Landlord, operate as an assignment to Landlord of any or all subleases or subtenancies. Upon the expiration or earlier termination of this SubleaseLease, Subtenant shall Tenant agrees to peaceably surrender possession of the Sublease Premises to SublandlordLandlord broom clean and in a state of good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termrepair and condition, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of casualty damage (if this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, together with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the Premises to the extent required under Paragraph 13 and all damage caused by such unapproved holding overremoval repaired as required by Paragraph 13. Notwithstanding At least ninety (90) days, prior to the foregoingdate Tenant is to actually surrender the Premises to Landlord, Sublandlord shall Tenant agrees to give Landlord notice of the exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove as well as any repairs Tenant is to make upon surrender of the Premises as required by this Lease. During such ninety (90) day period, Landlord may, at its option, retain the services of one or more inspectors or consultants to inspect the Premises and all equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any deficiencies in the condition of the Premises, Tenant will promptly cause the same to be entitled corrected in a good and workmanlike manner at Tenant's sole cost and expense prior to all other remedies and damages provided under the surrender date. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Sublease Lease or at law or in equitya surrender of the Premises.

Appears in 1 contract

Samples: Lease (Apria Healthcare Group Inc)

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