Common use of Termination or Expiration Clause in Contracts

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% of the Base Rent in effect at the end of the Term for sixty (60) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs incurred by Landlord in enforcing the provisions of this Section 30. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 4 contracts

Samples: Industrial Lease Agreement (Daisytek International Corporation /De/), Industrial Lease Agreement (Pfsweb Inc), Industrial Lease Agreement (Daisytek International Corporation /De/)

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Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% of the Base Rent in effect at the end of the Term for sixty (60) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. A. In addition to the foregoingtermination rights that may be provided elsewhere in this Agreement, Tenant either party may terminate this Agreement upon thirty (30) days written notice to the other party in the event of a breach of a material provision of this Agreement by the other party, provided that, during the thirty (30) day period, the breaching party fails to cure such breach. Upon expiration or termination, all Royalty obligations, including any unpaid portions of the Guaranteed Minimum Royalty, shall be liable accelerated and shall immediately become due and payable, and LICENSEE's obligations for the payment of a Royalty and the Guaranteed Minimum Royalty shall survive expiration or termination of this Agreement and will continue for so long as LICENSEE continues to manufacture, sell or otherwise market the Licensed Products. B. Upon expiration or termination, LICENSEE shall provide LICENSOR with a complete schedule of all costs incurred by Landlord in enforcing inventory of Licensed Products then on-hand (the "Inventory"). C. Upon expiration or termination, except for reason of a breach of LICENSEE's duty to comply with the quality control or legal notice marking requirements, LICENSEE shall be entitled, for an additional period of three (3) months and on a nonexclusive basis, to continue to sell such Inventory. Such sales shall be made subject to all of the provisions of this Section Agreement and to an accounting for and the payment of a Royalty thereon, due and paid within thirty (30. No receipt of money by Landlord from Tenant ) days after the close of the three (3) month period. D. Upon the expiration or termination of this Lease or Tenant's right of possession Agreement, all of the Demised Premises rights of LICENSEE under this Agreement shall reinstateterminate and immediately revert to LICENSOR and LICENSEE shall immediately discontinue all use of the Trademarks at no cost whatsoever to LICENSOR, continue or extend and LICENSEE shall immediately return to LICENSOR all material relating to the Term or Tenant's right of possessionTrademarks including at no cost to LICENSOR.

Appears in 3 contracts

Samples: Trademark License Agreement, Trademark License Agreement, Copyright License

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month’s Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of lawlaw or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant’s holding over beyond the Term, Landlord shall be entitled to exercise any and all rights and remedies available to Landlord in respect of an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term. Provided Tenant is not in default under the Lease, upon written notice to be received by Landlord at least ninety (90) days prior to the expiration of the Term, Tenant may elect to extend the Term one time for a period of thirty (30) days at the same Base Rent payable by Tenant during the last full month of the Term immediately proceeding the scheduled expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (Systemax Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Tandy Brands Accessories Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) two hundred percent (200%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one two hundred fifty percent (150200%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Syratech Corp)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month’s Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) two hundred percent (200%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one two hundred fifty percent (150200%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of lawlaw or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant’s holding over beyond the Term, Landlord shall be entitled to exercise any and all rights and remedies available to Landlord in respect of an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (NationsHealth, Inc.)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month’s Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’ s acquiescence and without any express agreement of the partiesparties (any such period of possession being deemed a “ Holdover Period”), Tenant shall be a tenant-at-sufferance at 125% of the and shall pay to Landlord as Base Rent (in effect at the end lieu of that otherwise provided during the Term for sixty of this Lease) holdover rent (60“Holdover Rent”): (i) dayswith respect to the first 30 days of any Holdover Period, and thereafter at one hundred fifty a rental payment equal [*] percent (150[*]%) of the Monthly Base Rent in effect at Installment that was due with respect to the end last month of the TermTerm of the Lease; and (ii) with respect to each 30 day period of the Holdover Period after the first thirty day period , a rental payment equal to [*] percent ([*]%) of the Monthly Base Rent Installment that was due with respect to the last month of the Term of the Lease. During any Holdover Period, Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of law. In law or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant’s holding over beyond the foregoingTerm, Tenant Landlord shall be liable for entitled to exercise any and all costs incurred by rights and remedies available to Landlord in enforcing the provisions respect of this Section 30an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (Scansource Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month's Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of lawlaw or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant's holding over beyond the Term, Landlord shall be entitled to exercise any and all rights and remedies available to Landlord in respect of an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pfsweb Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% of the Base Rent in effect at the end of the Term for sixty (60) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord as a result of such holdover; provided, however, that in enforcing order for Landlord to recover consequential damages resulting from the provisions loss of a replacement tenant for the Demised Premises, Landlord must notify Tenant that Landlord has entered into negotiations with a bona fide replacement tenant for all or a part of the Demised Premises and Tenant must not have vacated the Demised Premises as required by this Section Lease by the later of (i) the Expiration Date and (ii) thirty (30) days after receipt of Landlord's notice. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Andrx Corp)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month's Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of lawlaw or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant's holding over beyond the Term, Landlord shall be entitled to exercise any and all rights and remedies available to Landlord in respect of an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or Or extend the Term or Tenant's right of possession.. The provisions of this subsection 30(c) shall survive the expiration of the Term. Priority Fulfillment Services, Inc. Lease Agreement — Stateline Business Park Bldg. H Initial Initial

Appears in 1 contract

Samples: Industrial Lease Agreement (Pfsweb Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or of earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Commitment Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) two hundred percent (200%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one two hundred fifty percent (150200%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (D & K Healthcare Resources Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises Promises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at the greater of (i) one hundred twenty-five percent (125% %) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty twenty-five percent (150125%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term Tenant or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Cortelco Systems Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Rockwell Medical Technologies Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, . Tenant shall be a tenant-at-sufferance at 125% the greater of (i) two hundred percent (200%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one two hundred fifty percent (150200%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Use Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Sublease Agreement (NationsHealth, Inc.)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% of the Base Rent in effect at the end of the Term for sixty (60) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there There shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Delta Apparel Inc)

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Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereundercasualty. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages incurred by Landlord as a result of such holdover; provided, however, that Tenant shall not be liable for consequential damages incurred by Landlord unless Tenant remains in enforcing possession of the provisions Demised Premises for more than thirty (30) days after expiration of this Section 30the Term. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Cmgi Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month’s Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Dategood working order, excepting normal wear and tear, condemnation and casualty other than casualty, and any component of the Demised Premises which must be maintained by Landlord in accordance with this Lease; provided, however, that Tenant must, in any event (i) remove the Underground Tank in accordance with Section 16(i) and (ii) remove any Tenant’s Change if required to be insured against do so under the provisions of Section 19 and repair any damage to the Demised Premises caused by Tenant hereundersuch removal. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% of the Base Rent in effect at the end of the Term for sixty (60) days, and thereafter at one two hundred fifty percent (150200%) of the Base Rent in effect at the end of the Term; provided, however, that if Tenant gives to Landlord written notice not less than six (6) months preceding the end of the Term, that Tenant desires to extend the duration of the Term for up to two (2) additional months (with the period of the extension, up to a maximum of two months, to be specified in the notice from Tenant), then, and only then, the Term will automatically be extended for the period specified in the notice from Tenant (up to a maximum of two months) (“Permitted Holdover Period”) at a Base Rent equal to one hundred ten percent (110%) of the Base Rent in effect on the date which otherwise would have been the Expiration Date. If Tenant fails to vacate the Demised Premises at the end of the Permitted Holdover Period, without Landlord’s acquiescence and without any express agreement of the parties, Base Rent will automatically escalate to an amount equal to two hundred percent (200%) of the Base Rent in effect immediately prior to commencement of the Permitted Holdover Period. Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of lawlaw or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant’s holding over beyond the Term, Landlord shall be entitled to exercise any and all rights and remedies available to Landlord in respect of an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month’s Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’ s acquiescence and without any express agreement of the partiesparties (any such period of possession being deemed a “ Holdover Period”), Tenant shall be a tenant-at-at- sufferance at 125% of the and shall pay to Landlord as Base Rent (in effect at the end lieu of that otherwise provided during the Term for sixty of this Lease) holdover rent (60“Holdover Rent”): (i) dayswith respect to the first 30 days of any Holdover Period, and thereafter at one hundred fifty a rental payment equal [*****] percent (150[*****]%) of the Monthly Base Rent in effect at Installment that was due with respect to the end last month of the TermTerm of the Lease; and (ii) with respect to each 30 day period of the Holdover Period after the first thirty day period, a rental payment equal to 4*****] percent ([*****]%) of the Monthly Base Rent Installment that was due with respect to the last month of the Term of the Lease. During any Holdover Period, Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of law. In law or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant’s holding over beyond the foregoingTerm, Tenant Landlord shall be liable for entitled to exercise any and all costs incurred by rights and remedies available to Landlord in enforcing the provisions respect of this Section 30an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (Scansource, Inc.)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this LeaseTerm, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Datecommencement of the Term, excepting normal ordinary wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereundertear only excepted. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of the Base Rent in effect at the end of the Term for sixty (60i) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the TermTerm or (ii) one hundred fifty percent (150%) of the then current fair market rental value of the Demised Premises. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Global Directmail Corp)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's ’s right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month’s Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's ’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of lawlaw or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant’s holding over beyond the Term, Landlord shall be entitled to exercise any and all rights and remedies available to Landlord in respect of an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's ’s right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's ’s right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (Dirtt Environmental Solutions LTD)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% of the Base Rent in effect at the end of the Term for sixty (60) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs incurred by Landlord in enforcing the provisions of this Section 30. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession. 31. Intentionally Omitted. -17- <PAGE> 32.

Appears in 1 contract

Samples: Industrial Lease Agreement

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement DateDate (i.e., the condition in existence prior to Tenant's construction of the Improvements), excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder, it being agreed to by the parties that, (i) no later than sixty (60) days prior to the expiration of this Lease, Tenant shall deliver to Landlord an Irrevocable Letter of Credit in an amount reasonably determined by the Landlord to be sufficient to return the Building to the condition in existence prior to Tenant's construction of the Improvements (the "Letter of Credit"; which Letter of Credit shall be added to and become a part of the Security Deposit, and shall be governed by Section 5 hereof), Landlord hereby agreeing to make such determination based on the average of at least two (2) competitive bids from reputable, duly licensed contractors, and to provide Tenant with such determination, and a copy of such bids, no later than seventy-five (75) days prior to the expiration of this Lease, and (ii) on or before the expiration of the Term, Tenant shall remove all Improvements constructed or installed by Tenant, and shall restore the Demised Premises as required hereinabove, except that any HVAC equipment, any plumbing upgrades, electrical wiring, cabling or equipment, and any mechanical equipment comprising a portion of the Improvements and/or otherwise located in or serving the Demised Premises of which Landlord notifies Tenant of its desire to have such items remain on the Demised Premises shall remain in the Demised Premises and not be removed by Tenant as aforesaid. The Letter of Credit shall (i) be in a form and from a financial institution acceptable to Landlord, (ii) shall be maintained in full force and effect throughout the then remaining Term and during the thirty (30) day period after the later of (a) the Expiration Date or (b) the date that Tenant delivers possession of the Demised Premises to Landlord, and (iii) shall serve as additional security for the full and faithful performance by Tenant of each and every term, covenant and condition of this Lease, including, without limitation, the restoration obligations contained in this subsection (b). In the event that, during the period for which the Letter of Credit is to remain in full force and effect, Tenant fails to deliver to Landlord a renewal of or replacement to the letter of credit by a date no later than thirty (30) days prior to its expiration date, Landlord shall have the right to demand and receive payment in full under the Letter of Credit and to hold the cash proceeds as a portion of the Security Deposit under this Lease. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-at- sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession, but shall be credited to any sums owed by Tenant to Landlord pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Industrial Lease Agreement (Cell Genesys Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. Notwithstanding anything to the contrary contained herein, if this Lease is rejected in any bankruptcy action or proceeding filed by or against Tenant, and the effective date of rejection is on or after the date upon which that month’s Rent is due and owing, then the Rent owing under this Lease for the month during which the effective date of such rejection occurs shall be due and payable in full and shall not be prorated. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred fifty percent (150%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunder. Notwithstanding the foregoing, and there shall be no renewal of this Lease by operation of lawlaw or otherwise, and, in addition to and without limiting such rights and remedies as may be available to Landlord at law or in equity as a result of Tenant’s holding over beyond the Term, Landlord shall be entitled to exercise any and all rights and remedies available to Landlord in respect of an Event of Default hereunder (it being agreed that any such holdover shall be deemed an immediate Event of Default hereunder). In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession. The provisions of this subsection 30(c) shall survive the expiration of the Term.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pfsweb Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this LeaseTerm, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in the same condition as at the Lease Commencement Date, excepting normal ordinary wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereundertear only excepted. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the partiespar-ties, Tenant shall be a tenant-at-sufferance at 125% the greater of the Base Rent in effect at the end of the Term for sixty (60i) days, and thereafter at one hundred fifty percent (150%) of the Base Rent in effect at the end of the TermTerm or (ii) one hundred fifty percent (150%) of the then current fair market rental value of the Demised Premises. Tenant shall also continue to pay all other Additional Rent due hereunder, and there shall be no renewal of this Lease by operation of law. In addition to the foregoing, Tenant shall be liable for all costs damages, direct and consequential, incurred by Landlord in enforcing the provisions as a result of this Section 30such holdover. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Act Manufacturing Inc)

Termination or Expiration. (a) No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. (b) Except as provided in Section 18 above, at At the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Demised Premises and all improvements, alterations and additions thereto, and keys therefor to Landlord, clean and neat, and in substantially the same condition (i.e., with substantially the same Improvements and in good condition and repair) as existed at the Lease Commencement Date, subject to any Tenant's Changes made in accordance with Section 18 hereof, and excepting normal wear and tear, condemnation and casualty other than that required to be insured against by Tenant hereunder. (c) If Tenant remains in possession of the Demised Premises after expiration of the Term, with or without Landlord's acquiescence and without any express agreement of the parties, Tenant shall be a tenant-at-sufferance at 125% the greater of (i) one hundred sixty-five percent (165%) of the Base Rent in effect at the end then current fair market base rental value of the Term for sixty Demised Premises or (60ii) days, and thereafter at one hundred fifty sixty-five percent (150165%) of the Base Rent in effect at the end of the Term. Tenant shall also continue to pay all other Additional Rent due hereunderhereunder during any holdover period described above or below in this subparagraph (c) (including the Selected Holdover Period, and any holdover period thereafter, as applicable), and there shall be no renewal of this Lease by operation of law. In addition to Notwithstanding the foregoing, Tenant may notify Landlord in writing at least one hundred eighty (180) days prior to the expiration of the then current Term that Tenant desires to hold over in the Demised Premises for between one (1) and six (6) months (such period selected by Tenant being the "Selected Holdover Period"), whereupon Tenant shall be liable for all costs incurred by entitled to remain in possession of the Demised Premises during such Selected Holdover Period and shall pay to Landlord on the first day of each month during the Selected Holdover Period Base Rent at the rate of one hundred twenty-five percent (125%) of the Base Rent in enforcing effect at the provisions end of this Section 30the then current Term. If Tenant shall remain in possession of the Demised Premises after the expiration of the Selected Holdover Period with or without Landlord's acquiescence and without any express agreement of the parties, then Tenant shall be a tenant-at-sufferance at the greater of, (A) with respect to the first six (6) months of such additional holdover period, (i) one hundred sixty-five percent (165%) of the then current fair market base rental value of the Demised Premises or (ii) one hundred sixty-five percent (165%) of the Base Rent that was in effect at the end of the Term (exclusive of the Selected Holdover Period), and, (B) with respect to any months thereafter, (i) two hundred fifteen percent (215%) of the then current fair market base rental value of the Demised Premises or (ii) two hundred fifteen percent (215%) of the Base Rent that was in effect at the end of the Term (exclusive of the Selected Holdover Period). No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Demised Premises shall reinstate, continue or extend the Term or Tenant's right of possession.

Appears in 1 contract

Samples: Industrial Lease Agreement (Barnesandnoble Com Inc)

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