Common use of Surrender of Possession Clause in Contracts

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 shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent shall be immediately adjusted upward upon the expiration or termination of the Lease to equal one hundred twenty-five percent (125%) of the Minimum 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. This month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen (15) days’ prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises upon such termination or expiration, then Tenant shall indemnify, defend and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’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.

Appears in 1 contract

Samples: Work Letter Agreement (First Look Studios Inc)

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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 the Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Tenant shall be a tenant at will. If Landlord and Tenant have otherwise agreed has consented to such holdover in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent rental shall be immediately adjusted upward upon the expiration or earlier termination of the Lease to equal the greater of (i) one hundred twenty-five fifty percent (125150%) of the Minimum Rent then prevailing monthly rental rate for similar commercial space, as determined by Landlord; or (ii) one hundred fifty percent (150%) of the Rental for the Premises in effect under this Lease during the month which includes on the day immediately prior to the date of the expiration or earlier termination of this the Lease. This The month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen thirty (1530) days’ days prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises upon such termination expiration or expirationearlier termination, then Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss losses or liability resulting from or arising out of Tenant’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.or

Appears in 1 contract

Samples: Improvement Agreement (Leapfrog Enterprises Inc)

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 the Lease. If the Tenant shall continue to occupy or possess the Premises after such expiration or termination without with the consent of the Landlord, then unless Landlord and Tenant have otherwise agreed in writing, the Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Base Rent shall be immediately adjusted upward upon the expiration or termination of the Lease to equal one two hundred twenty-five percent (125200%) of the Minimum then prevailing Basic Rent for the Premises in effect under this Lease during the month which includes the day immediately prior to plus Tenant's Pro Rata Share of Taxes and Cost of Operation and Maintenance on the date of the expiration or termination of this Leasethe Lease ("Holdover Rent"). This month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen (15) days' prior notice to the non-terminating nonterminating party. In the event that Tenant fails to surrender the Premises upon such termination or expirationexpiration or if Tenant occupies the Premises without Landlord's written consent, then Tenant shall indemnify, defend pay Landlord Basic Rent equal to the Holdover Rent and shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’s '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, and any amounts permitted to be recovered pursuant to the California Civil Code and the California Code of Civil Procedure.

Appears in 1 contract

Samples: Office Lease (Anchor Pacific Underwriters Inc)

Surrender of Possession. Tenant Lessee 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 Lessee shall continue to occupy or possess the Premises after such expiration or termination without the consent of LandlordLessor, then unless Landlord Lessor and Tenant Lessee have otherwise agreed in writing, Tenant Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent Base Rental shall be immediately adjusted upward upon the expiration or termination of the this Lease to equal one hundred twenty-five fifty percent (125150%) of the Minimum Rent 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 Landlord Lessor or Tenant Lessee upon fifteen thirty (1530) days' prior notice to the non-terminating other party. In the event that Tenant Lessee fails to surrender the Premises upon such termination or expiration, then Tenant Lessee shall indemnify, defend and hold Landlord Lessor harmless from and against all loss or liability resulting from or arising out of Tenant’s 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.

Appears in 1 contract

Samples: 1 Lease Agreement (Hawthorne Financial Corp)

Surrender of Possession. Tenant Lessee 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 Lessee shall continue to occupy or possess the Premises after such expiration or termination without the consent of LandlordLessor, then unless Landlord Lessor and Tenant Lessee have otherwise agreed in writing, Tenant Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent Base Rental shall be immediately adjusted upward upon the expiration or termination of the this Lease to equal one two hundred twenty-five percent (125200%) of the Minimum Rent 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 Landlord Lessor or Tenant Lessee upon fifteen thirty (1530) days' prior notice to the non-terminating other party. In the event that Tenant Lessee fails to surrender the Premises upon such termination or expiration, then Tenant Lessee shall indemnify, defend and hold Landlord Lessor harmless from and against all loss or liability resulting from or arising out of Tenant’s 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.

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 Lease Term (and all options, if any, properly exercised under Article XXV) or earlier termination of this Lease. If Tenant Lessee shall continue to occupy or possess the Premises after such expiration or termination without the consent of LandlordLessor, then unless Landlord Lessor and Tenant Lessee have otherwise agreed in writing, Tenant Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent Base Rental shall be immediately adjusted upward upon the expiration or termination of the this Lease to equal the greater of (a) one hundred twenty-five fifty percent (125150%) of the Minimum Rent 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 Landlord Lessor or Tenant Lessee upon fifteen thirty (1530) days’ prior notice to the non-terminating other party. In the event that Tenant Lessee fails to surrender the Premises upon such termination or expiration, then Tenant Lessee shall indemnify, defend and hold Landlord Lessor harmless from and against all loss or liability resulting from or arising out of TenantLessee’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.

Appears in 1 contract

Samples: Lease Agreement (Manhattan Bancorp)

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 the Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Basic Rent shall be immediately adjusted upward upon the expiration or termination of the Lease to equal the greater of (a) one hundred twenty-five fifty percent (125150%) of the Minimum then prevailing monthly rental rate for similar commercial space, as determined by Landlord, 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 the date of the expiration or termination of this the Lease. This month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen (15) days' prior notice to the non-terminating nonterminating party. In the event that Tenant fails to surrender the Premises upon such termination or expiration, then Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’s '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.

Appears in 1 contract

Samples: Lease Agreement (Shopping Com)

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 Lease Term (and all options, if any, properly exercised under Article XXV) or earlier termination of this Lease. If Tenant Lessee shall continue to occupy or possess the Premises after such expiration or termination without the consent of LandlordLessor, then unless Landlord Lessor and Tenant Lessee have otherwise agreed in writing, Tenant Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that (a) if Lessee should not be vacating the Minimum Rent Premises, then the Base Rental shall be immediately adjusted upward upon the expiration or termination of the Lease to equal one hundred twenty-five percent (125%) of the Minimum Rent 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 Landlord Lessor or Tenant Lessee upon fifteen thirty (1530) days’ prior notice to the non-terminating other party. In the event that Tenant Lessee fails to surrender the Premises upon such termination or expiration, then Tenant shall Lessee shall, subject to the provisions of Section 22.2 below, indemnify, defend and hold Landlord Lessor harmless from and against all loss or liability resulting from or arising out of TenantLessee’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.

Appears in 1 contract

Samples: Lease Agreement (Peerless Systems Corp)

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 the Lease. If the Tenant shall continue to occupy or possess the Premises after such expiration or termination without with the consent of the Landlord, then unless Landlord and Tenant have otherwise agreed in writing, the Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Base Rent shall be immediately adjusted upward upon the expiration or termination of the Lease to equal one two hundred twenty-five percent (125200%) of the Minimum then prevailing Basic Rent for the Premises in effect under this Lease during the month which includes the day immediately prior to plus Tenant's Pro Rata Share of Taxes and Cost of Operation and Maintenance on the date of the expiration or termination of this Leasethe Lease ("Holdover Rent"). This month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen (15) days' prior notice to the non-terminating nonterminating party. In the event that Tenant fails to surrender the Premises upon such termination or expirationexpiration or if Tenant occupies the Premises without Landlord's written consent, then Tenant shall indemnify, defend pay Landlord Basic Rent equal to the Holdover Rent and shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’s '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, and any amounts permitted to be recovered pursuant to the California Civil Code and the California Code of Civil Procedure.

Appears in 1 contract

Samples: Office Lease (Anchor Pacific Underwriters Inc)

Surrender of Possession. Tenant Lessee 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 Lessee shall continue to occupy or possess the Premises after such expiration or termination without the consent of LandlordLessor, then unless Landlord Lessor and Tenant Lessee have otherwise agreed in writing, Tenant Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent Base Rental shall be immediately adjusted upward upon the expiration or termination of the Lease to equal one hundred twenty-five fifty percent (125150%) of the Minimum Rent 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 Landlord Lessor or Tenant Lessee upon fifteen thirty (1530) days' prior notice to the non-terminating partyother Party. In the event that Tenant Lessee fails to surrender the Premises upon such termination or expiration, then Tenant Lessee shall indemnify, defend and hold Landlord Lessor harmless from and against all loss or liability resulting from or arising out of Tenant’s to the extent caused by 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.

Appears in 1 contract

Samples: Lease Agreement (A-Mark Precious Metals, Inc.)

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 the Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Tenant shall be a tenant at will. If Landlord and Tenant have otherwise agreed has consented to such holdover in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent rental shall be immediately adjusted upward upon the expiration or earlier termination of the Lease to equal the greater of (i) one hundred twenty-five fifty percent (125150%) of the Minimum Rent then prevailing monthly rental rate for similar commercial space, as determined by Landlord; or (ii) one hundred fifty percent (150%) of the Rental for the Premises in effect under this Lease during the month which includes on the day immediately prior to the date of the expiration or earlier termination of this the Lease. This The month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen thirty (1530) days’ days prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises upon such termination expiration or expirationearlier termination, then Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss losses or liability resulting from or arising out of Tenant’s 's failure to surrender the Premises, including. This includes, but is not limited to, to any amounts required to be paid or damages incurred due to the loss of 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.. 20.14

Appears in 1 contract

Samples: Standard Lease Agreement (Intest Corp)

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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 shall continue to occupy or possess the Premises Building after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, Term and except that the Minimum monthly Base Rent shall be immediately adjusted upward upon the expiration or termination of the Lease to equal the greater of (a) one hundred twenty-five fifty percent (125150%) of the Minimum then fair market rent for similar commercial space, as determined by Landlord, or (b) one hundred fifty percent (150%) of the monthly Base Rent for the Premises in effect under unde r this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Leasethe Lease (“Base Term Rent”). This month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen ten (1510) days’ prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises immediately upon such the expiration of the Term or earlier termination or expirationof the Lease, then Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all damages, loss or liability resulting from or arising out of Tenant’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 of any related attorneys’ fees and brokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (Ikos Systems Inc)

Surrender of Possession. At the expiration or any termination of this Lease, or of any hold-over term, Tenant shall surrender and deliver to Landlord possession of the Demised Premises immediately upon in the same good condition in which they were delivered at the commencement of the term hereof (with such Alterations as may have been approved by Landlord in writing and which Landlord does not require to be removed when Landlord grants its approval), reasonable wear and tear and damage by casualty and condemnation excepted, broom clean with all of Tenant’s merchandise and personal property removed therefrom, and free of subleases and occupants. Tenant shall deliver to Landlord keys to all doors at the Demised Premises. Also by the expiration of the Lease, Tenant shall deliver to Landlord a copy of an inspection report, prepared by Tenant’s mechanical contractor within thirty (30) days of the expiration of the Lease, stating that the HVAC is in good operating condition. In the event Tenant fails to maintain the Demised Premises and HVAC as provided in Paragraph 3(C) above, or if Tenant fails to restore the Demised Premises by the expiration of the Lease Term (and all options, if any, properly exercised under Article XXV) or earlier termination of this Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent shall be immediately adjusted upward upon the expiration or termination of the Lease to equal one hundred twenty-five percent (125%) of the Minimum 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. This month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen (15) days’ prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises upon such termination or expirationas required hereunder, then Tenant shall indemnifybe liable for all reasonable third party costs and expenses incurred by Landlord therefor, defend and hold Tenant shall pay Landlord harmless from the actual costs incurred by Landlord to repair the Demised Premises and against all loss or liability resulting from or arising out of TenantHVAC and/or restore the Demised Premises plus ten percent (10%) for Landlord’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 commissionsoverhead costs.

Appears in 1 contract

Samples: Agreement of Sublease (Advancis Pharmaceutical Corp)

Surrender of Possession. Tenant Lessee 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 Lessee shall continue to occupy or possess the Premises after such expiration or termination without the consent of LandlordLessor, then unless Landlord Lessor and Tenant Lessee have otherwise agreed in writing, Tenant Lessee shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent Base Rental shall be immediately adjusted upward upon the expiration or termination of the this Lease to equal one hundred twenty-five fifty percent (125150%) of the Minimum Rent 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 Landlord Lessor or Tenant Lessee upon fifteen thirty (1530) days' prior notice to the non-terminating other party. In the event that Tenant Lessee fails to surrender the Premises upon such termination or expiration, then Tenant Lessee shall indemnify, defend and hold Landlord Lessor harmless from and against all loss or liability resulting from or arising out of Tenant’s 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.

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 Lease Term (and all options, if any, properly exercised under Article XXV) or earlier termination of this the Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Tenant shall be a tenant at sufferance. If Landlord and Tenant have otherwise agreed has consented to such holdover in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Base Rent shall be immediately adjusted upward upon the expiration or earlier termination of the Lease to equal the greater of (i) one hundred twenty-five fifty percent (125150%) of the Minimum then prevailing monthly rental rate for similar commercial space, as determined by Landlord; or (ii) one hundred fifty percent (150%) of the Base Rent for the Premises in effect under this Lease during the month which includes on the day immediately prior to the date of the expiration or earlier termination of this the Lease. This The month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen thirty (1530) days’ days prior notice to the non-terminating party. In the event that Tenant fails to surrender the Premises upon such termination expiration or expirationearlier termination, then Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys’ fees) resulting from or arising out of Tenant’s failure to surrender the Premises, including. This includes, but is not limited to, to any amounts required to be paid or damages incurred due to the loss of 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.

Appears in 1 contract

Samples: Lease (1st Pacific Bancorp)

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 the Lease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Tenant shall be a tenant at will, but if Landlord and Tenant have otherwise agreed has consented to such holdover in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this the Lease shall apply to this the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum Base Rent shall be immediately adjusted upward upon the expiration or earlier termination of the Lease to equal the greater of (a) the then prevailing monthly rental rate for similar commercial space, as determined by Landlord, or (b) one hundred twenty-twenty- five percent (125%) of the Minimum Base Rent for the Premises in effect under this Lease during the month which includes on the day immediately prior to the date of the expiration or earlier termination of this the Lease. This The month-to-month tenancy may be terminated by Landlord or Tenant upon fifteen thirty (1530) days’ days prior notice to the non-terminating nonterminating party. In the event that Tenant fails to surrender the Premises upon such termination expiration or expirationearlier termination, then Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss losses or liability resulting from or arising out of Tenant’s 's failure to surrender the Premises, including, but not limited to, any amounts required to be paid to or damages incurred due to the loss of 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, provided that Landlord notifies Tenant of such tenant or prospective tenant.

Appears in 1 contract

Samples: Construction Agreement (Smart & Final Inc/De)

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 shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in writing, Tenant shall be a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to this month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Minimum monthly Base Rent shall be immediately adjusted upward upon the expiration or termination of the this Lease to equal (a) for the first two (2) months of holdover, one hundred twenty-five percent (125%) of the Minimum 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 fifteen thirty (1530) days’ prior notice to the non-terminating party. In the event that Tenant Xxxxxx fails to surrender the Premises upon such termination or expiration, then Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’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.

Appears in 1 contract

Samples: Lease Agreement (Molina Healthcare Inc)

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