Common use of Surrender Holding Over Clause in Contracts

Surrender Holding Over. Upon the expiration or earlier termination of this Agreement, Subtenant 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 day Sublandlord delivered possession to Subtenant, 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, the Subtenant will be deemed to be a subtenant from month to month, at a monthly rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term, prorated monthly and subject to all of the other provisions and conditions of this Agreement. Nothing in this provision 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 will be guilty of an unlawful detention of the Sublease Premises and will be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, 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 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, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equity.

Appears in 2 contracts

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

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Surrender Holding Over. Upon the expiration or earlier termination of this AgreementSublease, Subtenant will shall 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 Sublandlord delivered possession to Subtenantof the Sublease Term, reasonable ordinary 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, the then Subtenant will shall be deemed to be a subtenant from month to month, at a monthly rent Rent equal to Two Hundred percent (200%) 150% of the fixed annual Base Sublease monthly Rent at the time of for the final year month of the Sublease Term, prorated monthly and subject to all of the other provisions and conditions of this AgreementSublease. Nothing in this provision will shall 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 will shall be guilty of an unlawful detention of the Sublease Premises and will shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and will shall pay Rent rent equal to Two Hundred percent (200%) % of the fixed annual Base Sublease Rent at the time of for the final year month of the Sublease Term prorated monthlyTerm, 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 will 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, costs fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will shall be entitled to all other remedies and damages provided under this Agreement Sublease or at law or in equity.

Appears in 2 contracts

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

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this AgreementLease, Subtenant will or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any so, quit and surrender the Demised Premises to LANDLORD in good order, condition, and repair, except for ordinary wear and tear and 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 Sublease Demised 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 day Sublandlord delivered possession to Subtenant, reasonable wear and tear excepted. Provided however, if Subtenant has made any alterations or modification said succeeding Tenant to the Sublease Space extent such delay is occasioned by the failure of TENANT to so quit and has obtained all necessary consents theretosurrender said Premises, then and (2) rent for each month or any applicable portion of a month of such holding over at twice the space as altered 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 modified need not be surrendered in any other right under the same condition as existed on terms of this lease or the day Sublandlord delivered possession to Subtenant, with an exception for reasonable wear and tear theretolaws 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, the Subtenant will no new tenancy shall be deemed to be a subtenant from month to month, at a monthly rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term, prorated monthly created and subject to all of the other provisions and conditions of this Agreement. Nothing in this provision 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 will TENANT shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and will shall be liable to Sublandlord for damages for use of binding on the Sublease Premises during the period of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, 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 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, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or LANDLORD in equitywriting.

Appears in 2 contracts

Samples: Lease Agreement (Provide Commerce Inc), Industrial Lease (Provide Commerce 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 AgreementLease, Subtenant will surrender possession such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Rent equal to (i) one hundred fifty percent (150%) of the Sublease Premises (including any cabling installed by Subtenant) and Personal Property to Sublandlord, Base Rent in the same condition effect as the Sublease Premises and Personal Property were in on the day Sublandlord delivered possession to Subtenant, 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 date of timeexpiration or earlier termination for the first sixty (60) days of any such holdover, with Sublandlord’s consent but without any written agreement providing otherwise, the Subtenant will be deemed to be a subtenant from month to month, at a monthly rent equal to Two Hundred and (ii) two hundred percent (200%) of the fixed annual Base Sublease monthly portion of Rent at the time in effect as of the final year date of expiration or earlier termination after the Sublease Termfirst sixty (60) days of any such holdover, prorated monthly and subject to all of the other provisions terms, charges and conditions of expenses set forth herein except any right to renew this AgreementLease or to expand the Premises or any right to additional services. Nothing in this provision 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 will be guilty of an unlawful detention of the Sublease Premises and will Tenant 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 will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, 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 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, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equityLease.

Appears in 1 contract

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

Surrender Holding Over. Upon Tenant shall deliver up and surrender to the expiration or earlier termination of this Agreement, Subtenant will surrender Landlord possession of the Sublease Premises (including upon the expiration of the lease term, or its earlier termination for any cabling installed by Subtenant) and Personal Property to Sublandlordreason, in as good condition and repair as the same condition as shall be at the Sublease Premises and Personal Property were in on commencement of the day Sublandlord delivered possession to Subtenant, reasonable Term (ordinary wear and tear excepted. Provided however), shall deliver the keys to the Property manager, and shall inform Landlord of all combinations on locks, safes and vaults, if Subtenant has made any alterations or modification to the Sublease Space and has obtained all necessary consents theretoany, then the space as altered or modified need not be surrendered in the same condition as existed on Premises. Upon such surrender by Tenant, should the day Sublandlord delivered 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 to Subtenant, with an exception for reasonable wear and tear thereto. If Subtenant holds over 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 of timeexpires or terminates, with Sublandlord’s consent but without any written agreement providing otherwise, the Subtenant will Tenant shall be deemed obligated to be a subtenant from month pay an occupancy charge to month, Landlord at a monthly rent per diem rate equal to Two Hundred two hundred percent (200%) of the fixed annual per diem Base Sublease Rent at and Additional Rent which was in effect during the time last month of the final year Lease Term). In the event Tenant remains in possession of the Sublease Term, prorated monthly and subject to all of the other provisions and conditions of this Agreement. Nothing in this provision 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 this Lease with Landlord's written consent but without the Sublease Term by lapse execution of timea new lease, without Sublandlord’s written consent, Subtenant will it shall be guilty of an unlawful detention of deemed to be occupying the Sublease Premises and will be liable as a tenant from month to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and will pay Rent month at a rental equal to Two Hundred one hundred percent (200100%) of the fixed annual Base Sublease Rent at herein provided and otherwise subject to all the time conditions, provisions and obligations of the final year of the Sublease Term prorated monthly, plus any and all consequential damages suffered by Sublandlordthis Lease, including, without limitationbut not limited to, damages payable by Sublandlord 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 by reason of Subtenant’s 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 such holding overthe Premises after the expiration of this Lease without Landlord's consent, Subtenant will indemnify and hold Sublandlord harmless Tenant shall also pay to Landlord all damages sustained by Landlord resulting from and against retention of possession by Tenant, including without limitation the loss of any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, costs and disbursements, asserted against or incurred by Sublandlord as a result proposed subsequent tenant for any portion of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equityPremises.

Appears in 1 contract

Samples: Article Xiv Non (Creditrust Corp)

Surrender Holding Over. Upon the expiration of this Lease or the earlier termination of this AgreementTenant's right to possession, Subtenant will surrender possession Tenant shall immediately vacate the Premises, remove all of its personal property therefrom and leave 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 day Sublandlord delivered possession required by this Lease. Any property required to Subtenant, reasonable wear and tear excepted. Provided however, if Subtenant has made any alterations or modification be removed pursuant to the Sublease Space terms of this Lease and has obtained not removed shall be deemed abandoned, and Tenant shall be liable for 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 costs of removal and tear theretodisposal. If Subtenant holds over Tenant continues to occupy the Premises or any part thereof, after the expiration or termination of the Sublease Term, whether with or without the consent of the Landlord, such tenancy shall be 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 bound by all of the terms and conditions of this Lease 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. No holding over by Tenant after the Term by lapse shall be construed to extend this Lease. The entitlement to the holdover rental amount will be Landlord's exclusive right and remedy against Tenant for any holdover not in excess of time, with Sublandlord’s consent but without any written agreement providing otherwise, the Subtenant sixty (60) days and will be deemed to cover all liabilities, obligations or charges which may be incurred by Landlord because of a subtenant holdover by Tenant which does not exceed sixty (60) days, but neither this Section 30 nor the acceptance of any rent shall prevent Landlord from month exercising any remedy to month, at a monthly rent equal to Two Hundred percent (200%) regain immediate possession of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term, prorated monthly and subject to all of the other provisions and conditions of this Agreement. Nothing in this provision 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 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 will be guilty of an unlawful detention of the Sublease Premises and will 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 will pay Rent equal to Two Hundred percent for any other liability, loss, cost, damage or expense (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, 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 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 including attorneys' fees, disbursements of counsel and any costs and disbursements, asserted against or of suit) incurred by Sublandlord Landlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Confidentiality Agreement (Capella Education Co)

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 AgreementLease (or such other time as Tenant may vacate the Premises, Subtenant will surrender possession notwithstanding that so vacating may constitute a default), Tenant shall 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 (including any cabling installed by Subtenant) and Personal Property 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 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 Personal Property were in shall inform Landlord of all combinations and codes on the day Sublandlord delivered possession to Subtenantany locks, reasonable wear alarms, safes 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 vaults in the same condition as existed on Premises. In the day Sublandlord delivered possession event of holding over by Tenant after expiration or other termination of this Lease, or in the event Tenant continues to Subtenantoccupy the Premises after the termination of Tenant's right of possession, with an exception for reasonable wear Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and tear theretoAdditional 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, the Subtenant will 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 Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term, prorated monthly and subject to all of the other provisions and conditions of this Agreement. Nothing in this provision 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 will be guilty of an unlawful detention of the Sublease Premises and will be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, 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 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, costs 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 will be entitled to all other remedies and damages provided under this Agreement or at law or in equityincluding without limitation Landlord's attorneys' fees.

Appears in 1 contract

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

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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 AgreementLease (or such other time as Tenant may vacate the Premises, Subtenant will surrender possession notwithstanding that so vacating may constitute a default), Tenant shall 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 (including any cabling installed by Subtenant) and Personal Property 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 and Personal Property were in on the day Sublandlord delivered possession to Subtenantare completed, reasonable 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. Provided however, if Subtenant has made any alterations or modification Tenant shall also deliver to Landlord all keys to the Sublease Space Premises and has obtained shall inform Landlord of all necessary consents theretocombinations and codes on any locks, then the space as altered or modified need not be surrendered alarms, safes and vaults in the same condition as existed on Premises. In the day Sublandlord delivered 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 SubtenantParagraph 24(b) hereof, with an exception for reasonable wear Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and tear theretoAdditional 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, the Subtenant will 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 Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term, prorated monthly and subject to any third party who has leased part or all of the other provisions and conditions of this Agreement. Nothing in this provision will be deemed or construed Premises, Tenant shall indemnify Landlord 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 will be guilty of an unlawful detention of the Sublease Premises and will be liable to Sublandlord for damages for use of the Sublease Premises during the period extent of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthlydamages 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 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 limitation Landlord's attorneys' fees, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Legal Club of America Corp)

Surrender Holding Over. Upon the expiration or earlier At termination of this AgreementLease, Subtenant will 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 (including after expiration of the Lease Term, with Lessor’s knowledge and without any cabling installed 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 Subtenant) and Personal Property operation of law. In the absence of any written agreement to Sublandlord, in the same condition as the Sublease Premises and Personal Property were in on the day Sublandlord delivered possession to Subtenant, reasonable wear and tear excepted. Provided howevercontrary, if Subtenant has made any alterations or modification to Lessee should remain in occupancy of 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 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, except that the Subtenant will monthly rental shall be deemed to be a subtenant from month to month, at a monthly rent equal to Two Hundred percent the rental payable for the last month of the term of the Lease plus one hundred per cent (200100%) of the fixed annual Base Sublease Rent at the time such amount. The inclusion of the final year of the Sublease Term, prorated monthly and subject proceeding sentence shall not be construed as Lessor’s permission for Lessee to all of the other provisions and conditions of this Agreement. Nothing in this provision 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 will be guilty of an unlawful detention of the Sublease Premises and will be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, 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 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, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Centre Office (Ebank Financial Services Inc)

Surrender Holding Over. Upon the expiration or earlier At termination of this AgreementLease, Subtenant will 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 (including after expiration of the Lease Term, with Lessor’s knowledge and without any cabling installed 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 Subtenant) and Personal Property operation of law. In the absence of any written agreement to Sublandlord, in the same condition as the Sublease Premises and Personal Property were in on the day Sublandlord delivered possession to Subtenant, reasonable wear and tear excepted. Provided howevercontrary, if Subtenant has made any alterations or modification to Lessee should remain in occupancy of 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 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, except that the Subtenant will monthly rental shall be deemed to be a subtenant from month to month, at a monthly rent equal to Two Hundred the rental payable for the last month of the term of the Lease plus one hundred percent (200100%) of the fixed annual Base Sublease Rent at the time such amount. The inclusion of the final year of the Sublease Term, prorated monthly and subject proceeding sentence shall not be construed as Lessor’s permission for Lessee to all of the other provisions and conditions of this Agreement. Nothing in this provision 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 will be guilty of an unlawful detention of the Sublease Premises and will be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, 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 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, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Agreement (Ebank Financial Services Inc)

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 AgreementLease, Subtenant will surrender possession Tenant shall 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 (including any cabling installed by Subtenant) and Personal Property to Sublandlord, date Tenant opens for business in the same condition as Premises, or the Sublease date any subsequent improvements to the Premises and Personal Property were in on the day Sublandlord delivered possession to Subtenantare completed, reasonable ordinary wear and tear exceptedand damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted . Provided howeverThe Premises shall be delivered broom clean, if Subtenant has made any alterations or modification with all trash removed. Tenant shall also deliver to Landlord all keys to the Sublease Space Premises and has obtained shall inform Land lord of all necessary consents theretocombinations and codes on any locks, then the space as altered or modified need not be surrendered alarms, safes and vaults in the same condition as existed on Premises. In the day Sublandlord delivered 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 SubtenantSection 24(b), with an exception for reasonable wear Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and tear theretoAdditional Rent 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 time, with Sublandlord’s consent but without any written agreement providing otherwise, the Subtenant will 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 Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term, prorated monthly and subject to any third Party who has leased part or all of the other provisions and conditions of this Agreement. Nothing in this provision will be deemed or construed Premises, Tenant shall indemnify Landlord 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 will be guilty of an unlawful detention of the Sublease Premises and will be liable to Sublandlord for damages for use of the Sublease Premises during the period extent of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthlydamages 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 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, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Diversified Health & Fitness Inc)

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