Common use of Surrender Holding Over Clause in Contracts

Surrender Holding Over. Upon the expiration or other termination of the Term, Tenant shall promptly quit the Premises and surrender the same to Landlord in good order and condition, ordinary wear and tear and loss by fire or other casualty excepted, unless due to the negligence of Tenant, and Tenant shall remove all of its movable furniture, trade fixtures and other personal property. The parties agree that their respective rights and obligations regarding goods, furniture, furnishings, trade fixtures and any other personal property belonging to Tenant which is left in the Premises at the end of the Term will be governed by the provisions of Section 52 of Title 41 of the Oklahoma Statutes, as the same may be amended from time to time. If Tenant remains in possession of the Premises after the expiration of the Term and continues to pay Rent, and Landlord accepts such Rent, without any express written agreement as to such holding over, then such holding over shall be deemed to be a tenancy from month-to-month, subject to all the terms and conditions hereof on the part of Tenant to be observed and performed and at a monthly Base Rent equivalent to two hundred percent (200%) of the monthly Base Rent payable by Tenant immediately prior to such expiration, plus all other Additional Rent payable hereunder. All such Rent shall be payable in advance on the same day of each calendar month. Nothing contained herein shall be construed as obligating Landlord to accept any rental tendered by Tenant after the expiration of the Term or to relieve Tenant of its obligation as set forth above to surrender the Premises at the end of the Term and any holdover without Landlord’s consent shall be deemed a default hereunder entitling Landlord to all of its rights and remedies set forth in Article 15 below, including, without limitation, its right to recover consequential damages resulting from said holdover.

Appears in 1 contract

Samples: Founders Tower Office Lease (Amerivision Communications Inc)

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Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the Termdemised premises, Tenant shall promptly peaceably and without notice of any sort, quit the Premises and surrender the same demised premises to Landlord in good order order, condition and conditionrepair, except for ordinary wear and tear and loss by fire such damage or other casualty excepted, unless due destruction as landlord is required to repair or restore under the negligence terms of Tenantthis Lease, and Tenant shall remove all of its movable furniturethe Tenant's property therefrom. Tenant specifically agrees, trade fixtures that in the event Tenant retains possession and other personal propertydoes not so quit or surrender the demised premises to Landlord, then Tenant shall pay to Landlord (i) all reasonable damages that Landlord may suffer on account of Tenant's failure to so surrender and quit the demised premises, and Tenant will indemnify and save Landlord harmless from and against any and all 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 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 parties agree that their respective provisions of this paragraph do not waive any of the Landlord's rights and obligations regarding goods, furniture, furnishings, trade fixtures and of re-entry or any other personal property belonging to Tenant which is left in right under the Premises at the end terms of the Term will be governed by the provisions of Section 52 of Title 41 of the Oklahoma Statutes, as the same may be amended from time to timethis Lease. If Tenant remains in possession of the Premises after the expiration of the Term and continues to pay Rent, and Landlord accepts such Rent, without any express written agreement as to such holding over, then such holding over shall be deemed to be a tenancy from month-to-month, subject to all the terms and conditions hereof on the part of Tenant to be observed and performed and at a monthly Base Rent equivalent to two hundred percent (200%) of the monthly Base Rent payable by Tenant immediately prior to such expiration, plus all other Additional Rent payable hereunder. All such Rent shall be payable in advance on the same day of each calendar month. Nothing contained herein shall be construed as obligating Landlord to accept any rental tendered by Tenant after the expiration of the Term or to relieve Tenant of its obligation as set forth above fail to surrender the Premises at the end premises as herein provided, no new tenancy shall be created and Tenant shall be guilty of unlawful detainer. No surrender of this Lease or of the Term and any holdover without Landlord’s consent premises shall be deemed a default hereunder entitling binding on the Landlord to all of its rights and remedies set forth unless acknowledged by Landlord in Article 15 below, including, without limitation, its right to recover consequential damages resulting from said holdoverwriting.

Appears in 1 contract

Samples: Pharmasystems Holdings Corp

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 other earlier termination of the Termthis Lease, Tenant shall promptly quit agrees to peaceably surrender the Premises and surrender the same to Landlord broom clean and in good order a state of first-class order, repair and condition, ordinary wear and tear and loss by fire or other casualty damage (if this Lease terminated as a result thereof pursuant to Paragraph 20) excepted, unless due with all of Tenant's personal property and Alterations (as defined in Paragraph 13) removed from the Premises to the negligence extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. Prior to the date Tenant is to actually surrender the Premises to the Landlord, Tenant agrees to give Landlord reasonable prior notice of Tenant, the exact date Tenant will surrender the Premises so that Landlord and Tenant shall remove all of its movable furniture, trade fixtures and other personal property. The parties agree that their respective rights and obligations regarding goods, furniture, furnishings, trade fixtures and any other personal property belonging to Tenant which is left in the Premises at the end of the Term will be governed by the provisions of Section 52 of Title 41 of the Oklahoma Statutes, as the same may be amended from time to time. If Tenant remains in possession can schedule a walk-through of the Premises after to review the expiration condition of the Term Premises and continues identify the Alterations and personal property which are to pay Rentremain upon the Premises and which items Tenant is to remove, and Landlord accepts such Rent, without as well as any express written agreement as repairs Tenant is to such holding over, then such holding over shall be deemed to be a tenancy from month-to-month, subject to all the terms and conditions hereof on the part of Tenant to be observed and performed and at a monthly Base Rent equivalent to two hundred percent (200%) make upon surrender of the monthly Base Rent payable by Tenant immediately prior Premises. The delivery of keys to such expiration, plus all other Additional Rent payable hereunder. All such Rent shall any employee of Landlord or to Landlord's agent or any employee thereof alone will not be payable in advance on the same day sufficient to constitute a termination of each calendar month. Nothing contained herein shall be construed as obligating Landlord to accept any rental tendered by Tenant after the expiration this Lease or a surrender of the Term or to relieve Tenant of its obligation as set forth above to surrender the Premises at the end of the Term and any holdover without Landlord’s consent shall be deemed a default hereunder entitling Landlord to all of its rights and remedies set forth in Article 15 below, including, without limitation, its right to recover consequential damages resulting from said holdover.Premises. b)

Appears in 1 contract

Samples: Work Letter Agreement (Thinka Weight Loss Corp)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, or upon any re-entry by Landlord upon the TermDemised Premises, Tenant shall promptly peaceably and without notice of any sort, quit the Premises and surrender the same Demised Premises to Landlord in good order and order, condition, and repair, except for ordinary wear and tear and loss by fire such damage or other casualty excepted, unless due destruction as Landlord is required to repair or restore under the negligence terms of Tenantthis Lease, and Tenant shall remove all of its movable furnitureTenant’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, trade fixtures then Tenant shall pay Landlord (i) all damages that Landlord may suffer on account of Tenant’s failure to so surrender and other personal propertyquit 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 parties agree that their respective provisions of this paragraph do not waive any of Landlord’s rights and obligations regarding goods, furniture, furnishings, trade fixtures and of reentry or any other personal property belonging to Tenant which is left in right under the Premises at terms of this lease or the end laws of the Term will be governed by the provisions of Section 52 of Title 41 of the Oklahoma Statutes, as the same may be amended from time to timeFlorida. If Tenant remains in possession of the Premises after the expiration of the Term and continues to pay Rent, and Landlord accepts such Rent, without any express written agreement as to such holding over, then such holding over shall be deemed to be a tenancy from month-to-month, subject to all the terms and conditions hereof on the part of Tenant to be observed and performed and at a monthly Base Rent equivalent to two hundred percent (200%) of the monthly Base Rent payable by Tenant immediately prior to such expiration, plus all other Additional Rent payable hereunder. All such Rent shall be payable in advance on the same day of each calendar month. Nothing contained herein shall be construed as obligating Landlord to accept any rental tendered by Tenant after the expiration of the Term or to relieve Tenant of its obligation as set forth above fail to surrender the Premises at the end as herein provided, no new tenancy shall be created and Tenant shall be guilty of unlawful detainer. No surrender of this Lease or of the Term and any holdover without Landlord’s consent Premises shall be deemed a default hereunder entitling binding on Landlord to all of its rights and remedies set forth unless acknowledged by Landlord in Article 15 below, including, without limitation, its right to recover consequential damages resulting from said holdoverwriting.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pc Universe Inc)

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Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or other upon any earlier termination of this Lease, or upon any re-entry by LANDLORD upon the TermDemised Premises, Tenant TENANT shall promptly peaceably and without notice of any sort, quit the Premises and surrender the same Demised Premises to Landlord LANDLORD in good order and order, condition, and repair, except for ordinary wear and tear and loss by fire such damage or other casualty excepted, unless due destruction as LANDLORD is required to repair or restore under the negligence terms of Tenantthis Lease, and Tenant TENANT shall remove all of its movable furniture, trade fixtures and other personal propertyTENANT's property therefrom. The parties agree TENANT specifically agrees that their respective rights and obligations regarding goods, furniture, furnishings, trade fixtures and any other personal property belonging to Tenant which is left in the event TENANT retains possession and does not so quit and Surrender the Demised Premises at 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 end Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Term will be governed by the provisions Demised Premises against LANDLORD based on delay of Section 52 of Title 41 of the Oklahoma Statutes, as the same may be amended from time to time. If Tenant remains LANDLORD in delivering possession of the Demised Premises after to said succeeding tenant to the expiration extent such delay is occasioned by the failure of the Term TENANT to so quit and continues to pay Rentsurrender said Premises, and Landlord accepts such Rent, without (ii) rent for each month or any express written agreement as to such holding over, then applicable portion of a month of such holding over shall be deemed to be a tenancy from monthat 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-to-month, subject to all entry or any other right under the terms and conditions hereof on of this lease or the part laws of Tenant to be observed and performed and at a monthly Base Rent equivalent to two hundred percent (200%) of the monthly Base Rent payable by Tenant immediately prior to such expiration, plus all other Additional Rent payable hereunderFlorida. All such Rent If TENANT shall be payable in advance on the same day of each calendar month. Nothing contained herein shall be construed as obligating Landlord to accept any rental tendered by Tenant after the expiration of the Term or to relieve Tenant of its obligation as set forth above fail to surrender the Premises at the end as herein provided, no new tenancy shall be created and TENANT shall be guilty of unlawful detainer. No surrender of this Lease or of the Term and any holdover without Landlord’s consent Premises shall be deemed a default hereunder entitling Landlord to all of its rights and remedies set forth binding on the LANDLORD unless acknowledged by LANDLORD in Article 15 below, including, without limitation, its right to recover consequential damages resulting from said holdoverwriting.

Appears in 1 contract

Samples: Lease Agreement (Jabil Circuit Inc)

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