Common use of TENANT HOLDING OVER Clause in Contracts

TENANT HOLDING OVER. If Tenant holds possession of the Leased Premises after the Expiration Date or other termination of this Lease, Landlord shall have the option, exercisable in writing within thirty (30) days after the date of termination of aforesaid, to treat Tenant as a trespasser, or as a tenant by the month. If the Landlord fails to make such election then the Tenant shall be deemed a tenant by the month, commencing with the first day after the termination of the Lease at one hundred and fifty percent (150%) the Basic Monthly Rent paid during the last month of the Term, and upon all the other terms of this Lease, including the provisions of this paragraph. Said holdover term shall terminate upon thirty (30) days notice from one party to the other. Nothing contained herein shall be construed within said thirty (30) days after the date of Lease termination as aforesaid as a consent by Landlord to the occupancy or possession of the Leased Premises by Tenant after the termination of the Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrender.

Appears in 3 contracts

Samples: Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc)

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TENANT HOLDING OVER. 21.1. If Tenant holds shall not immediately surrender possession of the Leased Premises after at the Expiration Date or other termination of this Lease, Landlord Tenant shall have the option, exercisable in writing within thirty (30) days after the date of termination of aforesaid, to treat Tenant as a trespasser, or as become a tenant by the from month. If the Landlord fails to make such election then the Tenant -to-month, provided rent shall be deemed a tenant paid to and accepted by the monthLandlord, commencing with the first day after the termination of the Lease in advance, at one hundred and fifty percent (150%) of the Basic Monthly Rent paid rate of rental payable hereunder just prior to the expiration of this Lease but unless and until Landlord shall accept such rental from Tenant, Landlord shall continue to be entitled to retake or recover possession of the Premises as hereinbefore provided in case of default on the part of Tenant, and Tenant shall be liable to Landlord for any loss or damage it may sustain by reason of Tenant's failure to surrender possession of the Premises immediately upon the expiration of the term hereof. Tenant hereby agrees that all the obligations of Tenant and all rights of Landlord applicable during the last month of the Term, and upon all the other terms term of this LeaseLease shall be equally applicable during such period of subsequent occupancy, including the provisions of this paragraphwhether or not a month-to-month tenancy shall have been created as aforesaid. Said holdover term Tenant shall terminate upon be entitled to thirty (30) days days' written notice from one party to quit the other. Nothing contained herein Premises, except in the event of non-payment of the modified Monthly Rent or additional rent, or any other default by Tenant of its obligations under this Lease, in which event Tenant shall not be construed within said entitled to any notice to quit, the usual thirty (30) days after the date of Lease termination as aforesaid as a consent days' notice to quit being hereby expressly waived. Acceptance by Landlord to the occupancy of rent after such expiration or possession earlier termination date shall not constitute a holdover hereunder or result in a renewal of the Leased Premises by Tenant after the termination of the Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrenderTerm.

Appears in 1 contract

Samples: Agreement of Lease (Usinternetworking Inc)

TENANT HOLDING OVER. If Tenant holds possession of the Leased Premises after the Expiration Date or other termination of this Lease, Landlord shall have the option, exercisable in writing within thirty (30) days after the date of if termination of as aforesaid, to treat Tenant as a trespasser, or as a tenant by the month. If the Landlord fails to make made such election then the Tenant shall be deemed a tenant by the month, commencing with the first day after the termination of the Lease at one hundred and fifty percent (150%) of the Basic Monthly Rent paid during the last month of the Lease Term, and upon all the other terms of this Lease, including the provisions of this paragraphSection. Said holdover term shall terminate upon thirty (30) days notice from one party to the other. Nothing contained herein shall be construed within said thirty (30) days after the date of Lease termination as aforesaid as a consent by Landlord to the occupancy or possession of the Leased Premises by Tenant after the termination of the Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from all injury, loss, claims, expenses and liability, liability including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrender.

Appears in 1 contract

Samples: Lease (Calypte Biomedical Corp)

TENANT HOLDING OVER. If Tenant holds possession of the Leased Premises after the Expiration Date or other termination of this Lease, Landlord shall have the option, exercisable in writing within thirty (30) days after the date of termination of as aforesaid, to treat Tenant as a trespasser, or as a tenant by the month. If the Landlord fails to make such election then the Tenant shall be deemed a tenant by the month, commencing with the first day after the termination of the Lease at one hundred and fifty percent (150%) of the Basic Monthly Rent paid during the last month of the Lease Term, and upon all the other terms of this Lease, including the provisions of this paragraphSection. Said holdover term shall terminate upon thirty (30) days notice from one party to the other. Nothing contained herein shall be construed within said thirty (30) days after the date of Lease termination as aforesaid as a consent by Landlord to the occupancy or possession of the Leased Premises by Tenant after the termination of the Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnify, defend, and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrender.

Appears in 1 contract

Samples: 7 Lease Agreement (Boston Biomedica Inc)

TENANT HOLDING OVER. 19.01 - If Tenant holds shall not immediately surrender possession of the Leased Premises after at the Expiration Date expiration or other termination of this Lease, Landlord and Tenant shall have continue to occupy the optionPremises without Landlord's prior written consent to so holdover, exercisable Tenant shall become a tenant at will. For so long as Tenant remains in writing within thirty (30) days after possession of the date of termination of aforesaid, to treat Tenant as a trespasser, or Premises as a tenant by the month. If the Landlord fails to make such election then the at will, Tenant shall be deemed a tenant by subject to all of the monthterms, commencing with covenants and conditions of this Lease, except that Tenant shall be obligated to pay Landlord Basic Rent in an amount equal to one hundred fifty percent of the first day after monthly rate at which the same were payable hereunder just prior to the expiration or termination of this Lease determined (without giving effect to any abatement thereof). Notwithstanding any such continued occupancy of the Lease at one hundred and fifty percent (150%) Premises by Tenant following the Basic Monthly Rent paid during the last month expiration or termination of the Term, and upon all the other terms of this Lease, including the provisions of this paragraph. Said holdover term Landlord shall terminate upon thirty (30) days notice from one party continue to the other. Nothing contained herein shall be construed within said thirty (30) days after the date of Lease termination as aforesaid as a consent by Landlord entitled to the occupancy retake or recover possession of the Leased Premises Premises, and Tenant shall be liable to Landlord for any losses, liabilities, expenses or damages which Landlord may suffer or incur by Tenant after the termination reason of Tenant's failure to surrender possession of the Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises immediately upon the expiration or termination of the Term hereof (including any renewals or extensions thereof by written agreement of the parties), and Landlord's acceptance of rent during such period shall in no way be construed as a waiver of the terms and conditions set forth in this Section 19.01 or any other termination rights of Landlord under this Lease. Tenant hereby agrees that, except as expressly modified above, all the obligations of Tenant and all rights of Landlord applicable during the Term of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from be equally applicable during such failure to surrenderperiod of subsequent occupancy.

Appears in 1 contract

Samples: Agreement of Lease (Bridgeline Software, Inc.)

TENANT HOLDING OVER. If With at least twelve (12) months prior written notice, Tenant shall have the right under this Lease to extend the Lease Term by up to six (6) months at its then-current rent. Except as noted above, if Tenant holds possession of the Leased Premises after the Expiration Date or other termination of this Lease, Landlord shall have the option, exercisable in writing within thirty (30) days after the date of termination of as aforesaid, to treat Tenant as a trespasser, or as a tenant by the month. If the Landlord fails to make such election then the Tenant shall be deemed a tenant by the month, commencing with the first day after the termination of the this Lease at the sum of (i) one hundred and fifty percent one-quarter (150%1.25) times the Basic Monthly Rent payable during the last month of the Lease Term (for the first thirty (30) days and 1.50 times the Basic Monthly Rent thereafter) plus (ii) the Additional Rent paid during the last month of the Term, and upon all the other terms of this Lease, including the provisions of this paragraph. Said holdover term shall terminate upon thirty (30) days notice from one party to the other. Notwithstanding the foregoing, in the event Tenant is in default hereunder beyond the expiration of the applicable notice and cure period, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived. Nothing contained herein shall be construed within said thirty (30) days after the date of Lease termination as aforesaid as a consent by Landlord to the occupancy or possession of the Leased Premises by Tenant after the termination of the this Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit benefit, through judicial process, of all public general or public laws relating to the speedy recovery of the possession of land Land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant then Tenant, subject to any waivers expressly set forth in this Lease, shall indemnify be responsible for any and hold all resulting damages incurred by Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such as a result of Tenant’s failure to surrendervacate the Leased Premises in a timely manner.

Appears in 1 contract

Samples: Office Lease (Choice Hotels International Inc /De)

TENANT HOLDING OVER. If Tenant holds possession of In the Leased event that Xxxxxx shall not immediately surrender the Premises after the Expiration Date or other termination of this Lease, Landlord shall have the option, exercisable in writing within thirty (30) days after on the date of termination of aforesaid, to treat Tenant as a trespasser, or as a tenant by the month. If the Landlord fails to make such election then the Tenant shall be deemed a tenant by the month, commencing with the first day after the termination expiration of the Lease Term, Tenant shall become a Tenant by the month at one hundred and fifty percent (150%) a halftimes the Basic Monthly Base Rent paid and all additional rent in effect during the last month of the Lease Term. Said monthly tenancy shall commence on the first day following the expiration of the Lease Term. As a monthly Tenant, and upon Tenant shall be subject to all the other terms terms, conditions, covenants and agreements of this LeaseLease (including, including without limitation, one payment of all additional rent), except for the provisions amount of the Base Rent, which shall be in the amount specified in this paragraph. Said holdover term Tenant shall terminate upon give to Landlord at least thirty (30) days days’ written notice from one party of any intention to quit the other. Nothing contained herein Premises, and Tenant shall be construed within said entitled to thirty (30) days days’ written notice to quit the Premises, unless Xxxxxx is in default hereunder, in which event Tenant shall not be entitled to any notice to quit, the usual thirty (30) days’ notice to quit being hereby expressly waived. Notwithstanding the foregoing provisions of this Section 22.1, in the event that Tenant shall hold over after the date expiration of the Lease termination as aforesaid as a consent by Term, and if Landlord shall desire to the occupancy or regain possession of the Leased Premises by Tenant after promptly at the termination expiration of the LeaseLease Term, and then at any time prior to Landlord, upon said termination, if Landlord elects to treat ’s acceptance of rent from Tenant as a trespassermonthly tenant hereunder, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery Landlord, at its option, may forthwith re-enter and take possession of the Premises without process, or by any legal process in force in the Commonwealth of Virginia. To the extent permitted by law, the Landlord may accept rent in the holdover amount and concurrently commence legal proceedings to regain possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrenderPremises.

Appears in 1 contract

Samples: Western Acquisition Ventures Corp.

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TENANT HOLDING OVER. If In the event that Tenant holds possession of shall not immediately surrender the Leased Premises after the Expiration Date or other termination of this Lease, Landlord shall have the option, exercisable in writing within thirty (30) days after on the date of termination of aforesaid, to treat Tenant as a trespasser, or as a tenant by the month. If the Landlord fails to make such election then the Tenant shall be deemed a tenant by the month, commencing with the first day after the termination expiration of the Lease Term, Tenant shall become a Tenant by the month at one hundred twice the fixed monthly rent and fifty percent (150%) the Basic Monthly Rent paid all additional rent in effect during the last month of the Lease Term. Said monthly tenancy shall commence on the first day following the expiration of the Lease Term. As a monthly Tenant, and upon Tenant shall be subject to all the other terms terms, conditions, covenants and agreements of this Lease, including except as to the provisions amount of the monthly rent, which shall be in the amount specified in this paragraph. Said holdover term Tenant shall terminate upon give to Landlord at least thirty (30) days days' written notice from one party of any intention to quit the other. Nothing contained herein Premises, and Tenant shall be construed within said entitled to thirty (30) days days' written notice to quit the Premises, unless Tenant is in default hereunder, in which event Tenant shall not be entitled to any notice to quit, the usual thirty (30) days' notice to quit being hereby expressly waived. Notwithstanding the foregoing provisions of this Section 22.1, in the event that Tenant shall hold over after the date expiration of the Lease termination as aforesaid as a consent by Term, and if Landlord shall desire to the occupancy or regain possession of the Leased Premises by Tenant after promptly at the termination expiration of the LeaseLease Term, and then at any time prior to Landlord, upon said termination, if Landlord elects to treat 's acceptance of rent from Tenant as a trespassermonthly tenant hereunder, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrender.at its

Appears in 1 contract

Samples: Office Lease (Yellow Brix Inc)

TENANT HOLDING OVER. If 20.01 Tenant holds possession acknowledges that it is extremely important that Landlord have substantial advance notice of the Leased date on which Tenant will vacate the Premises, because Landlord will require an extensive period to locate a replacement tenant and because Landlord plans its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises after or any portion thereof at the Expiration Date expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the holdover fee payable by Tenant hereunder shall be equal to 125% of the Base Rent and Additional Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period for all periods of such holdover. Such holdover fee shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises has been vacated. Notwithstanding any other termination provision of this Lease, Landlord Landlord’s acceptance of such holdover fee shall have not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and in the option, exercisable event of a holdover in writing within thirty (30) days after the date excess of termination of aforesaid90-days, to treat Tenant as a trespasser, recover all damages to which Landlord may be entitled under applicable law or as a tenant by the monthin equity. If the Landlord fails to make Any such election then the Tenant holdover shall be deemed to be a tenant by the tenancy-at-sufferance and not a tenancy-at-will or tenancy from month, commencing with the first day after the termination -to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease at one hundred and fifty percent (150%) the Basic Monthly Rent paid during the last month of the Term, and upon all the other terms of this Lease, including the provisions of this paragraph. Said holdover term shall terminate upon thirty (30) days notice from one party to the other. Nothing nothing contained herein shall be construed within said thirty (30) days after the date of Lease termination as aforesaid as a to constitute Landlord’s consent by Landlord to the occupancy any holdover or possession of the Leased Premises by to give Tenant after the termination of the Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrenderright with respect thereto.

Appears in 1 contract

Samples: Agreement of Lease (Supernus Pharmaceuticals Inc)

TENANT HOLDING OVER. 23.1. If Tenant holds shall not immediately surrender possession of the Leased Premises after at the Expiration Date or other termination of this Lease, Landlord Tenant shall have the option, exercisable in writing within thirty (30) days after the date of termination of aforesaid, to treat Tenant as a trespasser, or as become a tenant by the from month. If the Landlord fails to make such election then the Tenant -to-month, provided rent shall be deemed a tenant paid to and accepted by the monthLandlord, commencing with the first day after the termination of the Lease in advance, at one hundred and fifty percent (150%) of the Basic Monthly Rent paid rate of the monthly rental payable hereunder just prior to the expiration of this Lease , but unless and until Landlord shall accept such rental from Tenant, Landlord shall continue to be entitled to retake or recover possession of the Premises as hereinbefore provided in case of default on the part of Tenant, and Tenant shall be liable to Landlord for any loss or damage it may sustain by reason of Tenant's failure to surrender possession of the Premises immediately upon the expiration of the Term hereof. Tenant hereby agrees that all the obligations of Tenant and all rights of Landlord applicable during the last Lease Term shall be equally applicable during such period of subsequent occupancy, whether or not a month-to-month of the Term, and upon all the other terms of this Lease, including the provisions of this paragraphtenancy shall have been created as aforesaid. Said holdover term Tenant shall terminate upon be entitled to thirty (30) days days' written notice from one party to quit the other. Nothing contained herein Premises, except in the event of non-payment of the modified Base Rent or additional rent, or any other default by Tenant of its obligations under this Lease, in which event Tenant shall not be construed within said entitled to any notice to quit, the usual thirty (30) days after the date of Lease termination as aforesaid as a consent days' notice to quit being hereby expressly waived. Acceptance by Landlord to the occupancy of rent after such expiration or possession earlier termination date shall not constitute a holdover hereunder or result in a renewal of the Leased Premises by Tenant after the termination of the Lease, and Landlord, upon said termination, if Landlord elects to treat Tenant as a trespasser, shall be entitled to the benefit of all public general or public laws relating to the speedy recovery of the possession of land and tenements held over by Tenant, whether now or hereafter in force and effect. If Tenant fails to surrender the Leased Premises upon the expiration or other termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all injury, loss, claims, expenses and liability, including without limitation, any claim made by any succeeding tenant and any attorneys' fees, founded on or resulting from such failure to surrenderTerm.

Appears in 1 contract

Samples: Agreement of Lease (Old Line Bancshares Inc)

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