Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all or a portion of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a month-to-month tenancy, terminable upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20. In the event that Tenant commits an Event of Default or remains in possession of the Premises or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created hereby, then Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and not a tenancy-at-will.
Appears in 2 contracts
Samples: Office Lease Agreement (Riverbed Technology, Inc.), Office Lease Agreement (Riverbed Technology, Inc.)
Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination of this Lease to one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant’s occupancy Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions.
Appears in 1 contract
Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Lease Term (and all options, if any, properly exercised under Article XXV) or earlier termination of this Lease. If Tenant surrenders possession of shall continue to occupy or possess the Premises to after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession All the terms, provisions and conditions of all or a portion of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy this Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed Lease to be that equal one hundred twenty-five percent (125%) of a tenancy-at-will, terminable upon five (5) days’ written notice, and the Minimum Rent for the Premises in no event shall such occupancy be deemed from effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon fifteen (15) days’ prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant shall indemnify, defend and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.
Appears in 1 contract
Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination to one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other Party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant’s occupancy Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability to the extent caused by Lessee's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions.
Appears in 1 contract
Surrender of Possession. Tenant shall surrender possession of the ------------------------ Premises immediately upon the expiration of the Term or termination of this the Lease. If the Tenant surrenders possession shall continue to occupy the Premises after such expiration or termination with the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, the Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Lease to two hundred percent (200%) of the then prevailing Basic Rent plus Tenant’s occupancy shall be deemed to be that 's Pro Rata Share of a tenancy-at-will, terminable upon five Taxes and Cost of Operation and Maintenance on the date of the expiration or termination of the Lease (5) days’ written notice, and in no event shall such occupancy be deemed from "Holdover Rent"). This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon fifteen (15) days' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20nonterminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after expiration or if Tenant occupies the expiration of any month-to-month tenancy or tenancy-at-will created herebyPremises without Landlord's written consent, then Tenant shall pay Landlord Basic Rent equal to the Holdover Rent and shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall 's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions, and any amounts permitted to be recovered pursuant to the California Civil Code and the California Code of Civil Procedure.
Appears in 1 contract
Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this the Lease. If Tenant surrenders possession shall continue to occupy or possess the Premises after such expiration or termination without the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Rental shall be immediately adjusted upward upon the expiration or termination of the Lease to equal CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION of the Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of the Lease. This month-to-month tenancy may be terminated by Landlord or Tenant upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall 's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related reasonable attorneys' fees and brokerage commissions.
Appears in 1 contract
Samples: Lease Agreement (Brilliant Digital Entertainment Inc)
Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination of this Lease to equal the greater of (a) one hundred fifty percent (150%) of the then prevailing monthly rental rate for similar commercial space, as determined by Lessor, or (b) one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then TenantLessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.
Appears in 1 contract
Samples: Lease Agreement (Manhattan Bancorp)
Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination of this Lease to equal two hundred percent (200%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant’s occupancy Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions.
Appears in 1 contract
Samples: Lease Agreement (iDcentrix, Inc.)
Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination of this Lease to equal one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant’s occupancy Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions.
Appears in 1 contract
Samples: Lease Agreement (Advanced Communications Technologies Inc)
Surrender of Possession. Tenant shall surrender possession of the ----------------------- Premises immediately upon the expiration of the Term or termination of this the Lease. If the Tenant surrenders possession shall continue to occupy the Premises after such expiration or termination with the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, the Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Lease to two hundred percent (200%) of the then prevailing Basic Rent plus Tenant’s occupancy shall be deemed to be that 's Pro Rata Share of a tenancy-at-will, terminable upon five Taxes and Cost of Operation and Maintenance on the date of the expiration or termination of the Lease (5) days’ written notice, and in no event shall such occupancy be deemed from "Holdover Rent"). This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon fifteen (15) days' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20nonterminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after expiration or if Tenant occupies the expiration of any month-to-month tenancy or tenancy-at-will created herebyPremises without Landlord's written consent, then Tenant shall pay Landlord Basic Rent equal to the Holdover Rent and shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall 's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions, and any amounts permitted to be recovered pursuant to the California Civil Code and the California Code of Civil Procedure.
Appears in 1 contract
Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Term or earlier termination of this Lease. If Tenant surrenders possession shall continue to occupy or possess the Building after such expiration or termination without the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term and except that the monthly Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the TermLease to equal the greater of (a) one hundred fifty percent (150%) of the then fair market rent for similar commercial space, without as determined by Landlord’s express written consent, Tenant’s occupancy shall be deemed or (b) one hundred fifty percent (150%) of the monthly Base Rent for the Premises in effect unde r this Lease during the month which includes the day immediately prior to be that the date of a tenancy-at-will, terminable upon five the expiration or termination of the Lease (5) days’ written notice, and in no event shall such occupancy be deemed from “Base Term Rent”). This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon ten (10) days’ prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises or any part thereof after immediately upon the expiration of any month-to-month tenancy the Term or tenancy-at-will created herebyearlier termination of the Lease, then Tenant shall indemnify and hold Landlord harmless against all damages, loss or liability resulting from or arising out of Tenant’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration of any related attorneys’ fees and not a tenancy-at-willbrokerage commissions.
Appears in 1 contract
Samples: Lease Agreement (Ikos Systems Inc)
Surrender of Possession. Tenant shall surrender possession of the ----------------------- Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all or a portion of the Premises after the expiration or earlier termination of the TermLease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, with Landlord’s express written consent, Tenant’s occupancy then Tenant shall be deemed a tenant at will, but if Landlord has consented to such holdover in writing, Tenant shall be that a tenant from month-to-month. All the terms, provisions and conditions of a the Lease shall apply to the month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the TermLease to equal the greater of (a) the then prevailing monthly rental rate for similar commercial space, without as determined by Landlord’s express written consent, Tenant’s occupancy shall be deemed or (b) one hundred twenty- five percent (125%) of the Base Rent for the Premises in effect under this Lease on the day immediately prior to be that the date of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from the expiration or earlier termination of the Lease. The month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon thirty (30) days prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20nonterminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such expiration or earlier termination, then Tenant shall indemnify and hold Landlord harmless against all losses or liability resulting from or arising out of Tenant's failure to surrender the Premises, including, but not limited to, any part thereof after amounts required to be paid to or damages incurred due to the expiration loss of any month-to-month tenancy tenant or tenancy-at-will created herebyprospective tenant who was to have occupied the Premises after said termination or expiration and any related attorneys' fees and brokerage commissions, then Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and not a tenancy-at-willprovided that Landlord notifies Tenant of such tenant or prospective tenant.
Appears in 1 contract
Samples: Office Lease (Smart & Final Inc/De)
Surrender of Possession. 27.01. In the case of Early Termination, Tenant shall surrender possession of will peaceably yield the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Leased Premises to Landlord in the condition set forth in Section 9.04 hereof.
27.02. In the event that any environmental remediation is required as a condition other than that result of Tenant’s use, occupancy, tenancy, or possession of the Leased Premises, in addition to Tenant’s costs to remediate same, Tenant shall be required under to pay Rent hereunder to Landlord for the Premises until such time as such remediation is completed to the extent reasonably satisfactory to Landlord. The obligations set forth herein shall expressly survive the expiration or sooner termination of this LeaseAgreement.
27.03. On or before the Lease Commencement Date, Landlord shall take a reading of the amount of fuel (i.e. #2 fuel oil and propane) which exist in the tanks servicing the Leased Premises. In the case of Early Termination of this Agreement, Tenant shall be responsible for all costs incurred to return the Leased Premises with the same amount of fuel present.
27.04. The Parties agree that, on or before the Commencement Date, Landlord shall begin removing its property presently stored in the Leased Premises as described in Section 3.02. Tenant may, as necessary to permit the improvements and/or alterations contemplated by Landlord arising from such failure. If Tenant retains possession of all or a portion of the Premises after the expiration or earlier termination of the Termthis Agreement and upon notice to Landlord, with move Landlord’s express written consent, Tenant’s occupancy property to a mutually agreed upon new location. Landlord shall be deemed have all such property removed from the Leased Premises by a reasonable date to be that of a month-to-month tenancy, terminable agreed upon thirty (30) days’ written noticeby the Parties.
27.05. If Tenant retains possession of No restrictions on the Leased Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining to the obligations of Tenant and the rights of Landlord applicable during the Term shall applysurvive the Lease Expiration date, except as expressly modified by set forth in this Section 20Agreement. In the event that Tenant commits an Event of Default or remains in possession of the Premises or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyUpon Closing, then Tenant’s occupancy no restrictions stated herein shall be deemed to a tenancy-at-sufferance and not a tenancy-at-willincorporated into the deed transferring the Leased Premises, except as expressly set forth in this Agreement.
Appears in 1 contract
Samples: Lease to Purchase Agreement
Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be as follows (i) for the first two (2) months of such holding over, the Base Rental shall be one hundred twenty-five percent (125%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease, and (ii) thereafter, the Base Rental shall be one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other Party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after expiration (and provided that Lessor has provided Lessee with at least thirty (30) days prior written notice that Lessor has a signed proposal or lease from a succeeding lessee to lease the expiration of any month-to-month tenancy or tenancy-at-will created herebyPremises), then Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee’s failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and any related attorneys’ fees and brokerage commissions. Lessor’s (Landlord’s) initials Lessee’s (Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and not a tenancy-at-will.’s) initials
Appears in 1 contract
Samples: Lease Agreement (Fisker Inc./De)
Surrender of Possession. Tenant shall surrender possession of the ----------------------- Premises immediately upon the expiration of the Term or termination of this the Lease. If Tenant surrenders possession of shall continue to occupy or possess the Premises to after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Basic Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the TermLease to equal the greater of (a) one hundred fifty percent (150%) of the then prevailing monthly rental rate for similar commercial space, without as determined by Landlord’s express written consent, Tenant’s occupancy shall be deemed or (b) one hundred fifty percent (150%) of the Basic Rent for the Premises in effect under this Lease during the month which includes the day immediately prior to be that the date of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from the expiration or termination of the Lease. This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon fifteen (15) days' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20nonterminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall 's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions.
Appears in 1 contract
Samples: Office Lease (Shopping Com)
Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Term or earlier termination of this Lease. If Tenant surrenders possession of shall continue to occupy or possess the Premises to after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession All the terms, provisions and conditions of all or a portion of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy this Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the monthly Base Rent shall be immediately adjusted upward upon the expiration or termination of this Lease to equal (a) for the first two (2) months of holdover, one hundred twenty-five percent (125%) of the monthly Base Rent for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease, and (b) thereafter, one hundred fifty percent (150%) of such monthly Base Rent. This month-to-month tenancy may be terminated by Landlord or Tenant upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of Xxxxxx fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.
Appears in 1 contract
Surrender of Possession. Tenant Lessee shall surrender surrender, subject to the provisions of Section 22.2 below, possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that (a) if Lessee should not be vacating the Premises, then the Base Rental shall be immediately adjusted upward to equal one hundred twenty-five percent (125%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then TenantLessee shall, subject to the provisions of Section 22.2 below, indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.
Appears in 1 contract