Holdover Costs means those amounts charged to Tenant by its prior landlord for holding over in their then existing leased premises (the “Prior Lease”) in excess of the rent and other charges payable by Tenant under the Prior Lease for the period immediately prior to the Holdover Date, as established by documentation reasonably acceptable to Landlord.
Holdover Costs means the difference between: (x) the monthly base rent payable by Tenant to Current Landlord (as hereinafter defined) under the Current Lease (as hereinafter defined) during the Holdover Delay Period (as hereinafter defined), exclusive of any pass-throughs or other additional rent, but inclusive of any escalations of base rent and any increased rent due under the Current Lease attributable to Tenant’s holding over under the Current Lease or otherwise (but not including any consequential damages of Tenant or Current Landlord); and (y) the monthly base rent payable by Tenant to the Current Landlord under the Current Lease, exclusive of any pass-throughs or other additional rent, for the month of June, 2008. The foregoing amounts in clauses (x) and (y) shall be pro-rated for any partial month.
Holdover Costs means (i) any monthly holdover rent during any holdover or agreement of holdover payable by Tenant with respect to the space leased by Tenant at Suite 700 of the Lenox Building, at 3399 Peachtree Road, Atlanta, Georgia 30326 (the "Existing Space") xx xxxxxx xx xxx xxxxxxx xxxxx xxxxxx xxx xxe Existing Space under that certain lease by and between Tenant and Property Georgia OBJLW Two Corporation, dated March 3, 1997 (the " Existing Lease"), on October 31, 2007; (ii) monthly gross rent payable by Tenant for all temporary leased premises during the term of all leases of such temporary space in excess of the monthly rental payable by Tenant under the Existing Lease, on October 31, 2007; (iii) reasonable moving expenses, communications installation expenses (such as phones, satellite cabling and computer wiring) together with any reasonable tenant improvement costs, if
Examples of Holdover Costs in a sentence
If possession of the Premises has not been delivered to Tenant in the Turnkey Condition by the Estimated Delivery Date plus any applicable extensions for any reason whatsoever other than a Tenant Delay, then (a) Landlord shall, promptly after demand therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant shall receive one (1) day of free Rent for each day after the Estimated Delivery Date plus any applicable extensions that Landlord has not delivered possession in the Turnkey Condition.
Tenant agrees to use all reasonable efforts to minimize and mitigate the Holdover Costs.
Notwithstanding the foregoing limitation Xxxxxxx shall be personally liable for the obligations of Landlord with respect to the initial construction of the Building and Premises as described in Paragraph 4, for the obligations of Landlord to pay the Hold-over Costs described in Paragraph 1.D.(iii) and for the obligations of Landlord under Paragraph 27.G., regarding the Height Restriction on the Hotel Site.
If Tenant Improvements are not substantially complete (i.e. receipt of TCO or CO) by November 1, 2005, Landlord will indemnify Tenant for 100% of the Holdover Costs.
For clarity, Landlord’s obligation with respect to Holdover Costs in all cases is limited to, and shall not exceed, the amount of Interim Rent otherwise payable to Landlord under the Lease.
More Definitions of Holdover Costs
Holdover Costs means any (A) rental costs (including base rent and additional rent, such as Tenant’s share of taxes and expenses) for holdover under Tenant’s Existing Leases (hereinafter defined) in excess of the rental costs due or which would have otherwise been due hereunder (without taking into account any rent abatement) accruing from and after the later of (1) the Holdover Date, or (2) the date of early cancellation elected by Tenant under the applicable Existing Leases, through the Commencement Date, plus (B) any rental costs (including base rent and additional rent) for temporary space leased by Tenant (not to exceed 120,000 rentable square feet in the aggregate) in excess of the base rent and additional rent due or which would otherwise have been due hereunder for rentable square footage within the Office Premises equal to the lesser of 120,000 rentable square feet or the rentable square footage of the temporary space (without taking into account any rent abatement from the Holdover Date until the Commencement Date) and continuing through the Commencement Date (the “HOLDOVER COSTS PERIOD”), all subject to Section 27.D below plus (C) reasonable storage costs incurred by Tenant during the Holdover Costs Period as a result of the delay in Substantial Completion. Tenant will use good faith efforts to prevent or minimize Holdover Costs, including, without limitation, consultation and cooperation with Landlord in its negotiations with Tenant’s existing landlords. Tenant shall also notify Landlord of its exercise of cancellation rights under the Existing Leases, concurrently with or prior to the exercise of such rights. In addition, as and when floors are Substantially Completed, Tenant shall utilize best efforts to move out of the space covered by any Existing Leases and interim leases, so as to minimize Holdover Costs.
Holdover Costs also includes (x) damages and indemnity payments (including indemnity payments to the landlord from claims, losses, damages, liabilities, costs and expenses such as attorney’s fees and disbursements and claims made by any succeeding tenant) actually paid or actually required to be paid by the applicable Existing Lease Tenant, Additional Lease Tenant or Temporary Space Tenant in respect of the Covered Period on account of such Holdover, but only to the extent the same are (1) provided for in the Existing Lease as in effect as of the date hereof (as the same may be modified by any Existing Lease Extension) or the Additional Lease entered into in accordance with the provisions of this Agreement (as the same may be modified by any Additional Lease Extension) or the Temporary Space Agreement, as applicable, and are applicable to such Holdover pursuant to such Existing Lease (as the same may be modified by any Existing Lease Extension), Additional Lease (as the same may be modified by any Additional Lease Extension) or Temporary Space Agreement, as applicable, or (2) awarded to the landlord by a court of competent jurisdiction, after exhaustion of all appeals, by reason of a Holdover under such Existing Lease (as modified by any Existing Lease Extension), Additional Lease (as the same may be modified by any Additional Lease Extension) or Temporary Space Agreement, as applicable, (y) any costs, without duplication, specified as “holdover costs” or the like in the Existing Lease (or Existing Lease Extension), any Additional Lease (or Additional Lease Extension) or Temporary Space Agreement, as applicable, and in each case claimed by the landlord, and (z) any legal fees or enforcement costs expressly required to be paid to the landlord under such Existing Lease (or Existing Lease Extension), any Additional Lease (or Additional Lease Extension), as applicable, and in each case to the extent resulting from such Holdover.
Holdover Costs means the sum of (i) the lesser of (A) the difference between the monthly base rent and additional rent paid by Tenant for floors 6, 7, 9, 10, 11, 18 and 20 at the Existing Premises for the applicable month minus (B) the initial monthly Fixed Rent payable for the Premises (it being acknowledged that such amounts shall not be prorated for periods of less than a full calendar month), and (B) $149,287.08 per month (it being acknowledged that such amount shall not be prorated for periods of less than a full calendar month) plus (ii) 50% of the monthly Penalty Costs paid (if any) by Tenant under its Existing Lease.
Holdover Costs means any (A) rental costs (including base rent and additional rent, such as Tenant's share of taxes and expenses) for holdover under Tenant's Existing Leases (hereinafter defined) in excess of the rental costs due or which would have otherwise been due hereunder (without taking into account any rent abatement) accruing from and after the later of (1) the Holdover Date, or (2) the date of early cancellation elected by Tenant under the applicable Existing Leases, through the Commencement Date, plus (B) any rental costs
Holdover Costs means the sum of all costs and charges incurred by us for the retail delivery of energy, including, without limitation and as applicable, charges related to capacity, ancillary services, transmission, metering, the Federal Energy Regulatory Commission, renewable portfolio standards, and any similar charges that may be imposed on us with respect to the Accounts (whether by the ISO or the Utility) from time to time. We will pass Holdover Costs through to you on your invoice without xxxx-up.
Holdover Costs shall have the meaning ascribed to it in Section 5(i) of the Work Letter.
Holdover Costs shall not include (and in no event shall Developer be liable for) any of the following items (or any holdover penalty or premium that is based on any of the following) (collectively, the “Excluded Lease Costs”): (i) any damages or additional rents or charges to the extent arising from a default or breach by the applicable Existing Lease Tenant, or those claiming by, through or under such Existing Lease Tenant, of the Existing Lease (or such Additional Lease Tenant of such Additional Lease or such Temporary Space Tenant of such Temporary Space Agreement) (other than the Holdover, subject to clause (ii) below), including, without limitation, any failure to make repairs, maintenance or improvements, any failure to clean or restore the applicable Existing Space, Additional Space, Temporary Space or any portion thereof, to the condition required under such Existing Lease, Additional Lease or Temporary Space and any failure to turn over plans, security codes, software or similar items, (ii) any damages or additional rents or charges that arise out of any holding over by any subtenant, licensee, or other occupant (in each such instance, other than an Affiliate of PE Member) claiming by, through or under the Existing Lease Tenant, Additional Lease Tenant, or Temporary Space Tenant, (iii) any additional rents or liability attributable to repairs, maintenance, or restoration with respect to the Existing Space or any Additional Space or any PE Temporary Space, including capital expenditures (other than operating expense pass-throughs charged by the landlord), (iv) any reimbursements of the landlord’s legal, architectural or other professional fees, including fees for approval of assignments, subleases or alterations or other consents, other than fees resulting from a Holdover, (v) additional rents in respect of the Existing Lease Tenant’s or any Additional Lease Tenant’s indemnification obligations under the Existing Lease or any Additional Lease (other than additional rent or indemnification obligations with respect to a Holdover), (vi) additional rents for any services requested of the landlord under such Existing Lease or Additional Lease or Temporary Space Agreement which are in excess of the ordinary and customary services obtained by the Existing Lease Tenant or Additional Lease Tenant or Temporary Space Tenant consistent with its past practices, (vii) rents that accrue in respect of a period other than the Covered Period, and (viii) any of the foregoing amount...