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
Holdover Costs means the total amount of base rental paid by Tenant at its current location (15041 Bake Parkway, Suite A, Irvine, California 92618), as adjusted upwards by any holdover penalties, during the period commencing on June 1, 2002 and continuing until the day on which Landlord substantially completes the Tenant Improvements (adjusted for any partial months during such period), including without limitation any fines, penalties or interest charges resulting solely from Tenant's continued occupancy at such current location (as opposed to those costs resulting from Tenant's failure to timely pay rent and other charges due under its current lease at such location) but excluding (i) any additional rent or other amounts paid by Tenant for common area maintenance charges, real estate taxes and assessments and/or insurance premiums (whether under a "triple net" or "gross" lease structure or otherwise), (ii) utility charges, and (iii) charges for items which Tenant would have been obligated to pay Landlord hereunder had Landlord Substantially Completed the Premises by the Lease Commencement Date. In the event, however, that Tenant is not able to holdover in its current premises, then "Holdover Costs" shall include the total amount of base rental paid by Tenant at any temporary office location, plus moving expenses and all associated costs of relocation, but excluding items (i), (ii) and (iii) above, only to the extent such charges are the same or less than such charges were at Tenant's current premises. Landlord shall pay the difference between the actual additional rent charges in any temporary office location and Tenant's additional rent charges in its current location. Notwithstanding the foregoing, in the event the Lease Commencement Date does not occur prior to July 31, 2002, then Tenant shall have the right to terminate this Lease upon ten (10) days written notice to Landlord.
Examples of Holdover Costs in a sentence
Tenant agrees to use all reasonable efforts to minimize and mitigate the Holdover Costs.
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.
If Landlord’s notice indicates that Landlord will deliver the Premises to Tenant on or before September 1, 2006, then Landlord will pay to Tenant on a monthly basis for the period commencing February 1, 2006 to August 31, 2006 an amount equal to the lesser of: (i) the amount that the actual monthly Holdover Costs exceed Tenant’s monthly gross rent payment last due under the Existing Leases or (ii) fifty percent (50%) of Tenant’s normal monthly gross rent payment last due under the Existing Leases.
If Landlord’s notice indicates that Landlord will deliver the Premises to Tenant on or before June 1, 2006, then Landlord will pay to Tenant on a monthly basis for the period commencing February 1, 2006 to May 31, 2006 an amount equal to the lesser of: (i) the amount that the actual monthly Holdover Costs exceed Tenant’s monthly gross rent payment last due under the Existing Leases or (ii) fifty percent (50%) of Tenant’s normal monthly gross rent payment last due under the Existing Leases.
Neither Landlord nor Tenant shall be responsible to make any reimbursement to the other for any costs incurred or items delivered pursuant to this Lease, other than the Hold-over Costs.
More Definitions of Holdover Costs
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 (1) with respect to each Existing Lease and any Additional Lease entered into in accordance with the provisions of this Agreement, the Total Rent (including, without limitation, any holdover or other penalty or premium, increase to fair market rental value or “use and occupancy”, but expressly excluding any Excluded Lease Costs) actually paid or actually required to be paid in respect of the Covered Period by the applicable Existing Lease Tenant or Additional Lease Tenant under such Existing Lease or Additional Lease; and (2) in the event any Existing Lease Tenant or Additional Lease Tenant (or any Affiliate of PE Member) vacates any Existing Space or Additional Space with respect to one or more Existing Leases or Additional Leases and moves into PE Temporary Space, (a) the Total Rent actually paid or actually required to be paid by the applicable Existing Lease Tenant or Additional Lease Tenant (or any Affiliate of PE Member) (“Temporary Space Tenant”) under the occupancy agreement for such PE Temporary Space (“Temporary Space Agreement”) for the Covered Period (to the extent that (x) such Total Rent is at fair market rental rates and terms, taking into account all relevant factors, including the short-term nature of such occupancy agreement and available space in the market and (y) the holdover provisions in such Temporary Space Agreement are reasonably approved by Developer), plus (b) reasonable out-of-pocket moving expenses to relocate to the Temporary Space, plus (c) commercially reasonable third party transaction costs incurred in good faith by the Temporary Space Tenant (or any of its Affiliates) in connection with entering into such Temporary Space Agreement for such PE Temporary Space (including, without limitation, brokerage commissions, attorneys’ fees, alterations costs and amounts paid to telecommunications providers for relocation and temporary service), but expressly excluding any Excluded Lease 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 effec...
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 for transmission, capacity, ancillary service, congestion, renewable portfolio standards, collateral costs and any similar costs and charges that may be imposed on or borne by NewEnergy with respect to the Accounts (whether imposed by the ISO, the Utility, the Federal Energy Regulatory Commission or otherwise) from time to time. We will pass Holdover Costs through to you on your invoice without xxxx-up as part of your Holdover Rate. “Holdover Market Price” means the ISO-published Day Ahead Locational Based Marginal Price for the ISO zone applicable to each Account expressed in $/kWh, except for Account(s) in NYISO Zone J, where Holdover Market Price means the ISO-published Day Ahead Locational Based Marginal Price for such ISO residual zone expressed in $/kWh. Holdover Market Prices are published hourly or sub-hourly depending on the ISO.
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 for transmission, capacity, ancillary service, congestion, renewable portfolio standards, collateral costs and any similar costs and charges that may be imposed on or borne by NewEnergy with respect to the Accounts (whether imposed by the ISO, the Utility, the Federal Energy Regulatory Commission or otherwise) from time to time. We will pass Holdover Costs through to you on your invoice without mark-up as part of your Holdover Rate. “Holdover Market Price” means the ISO-published Day Ahead Locational Based Marginal Price for the ISO zone applicable to each Account expressed in $/kWh, except for Account(s) in NYISO Zone J, where Holdover Market Price means the ISO-published Day Ahead Locational Based Marginal Price for such ISO residual zone expressed in $/kWh. Holdover Market Prices are published hourly or sub-hourly depending on the ISO.
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 set forth in Section 22.8 hereof.
Holdover Costs means the actual rent, penalties and damages that Tenant is required to pay