Holdover Damages definition

Holdover Damages is defined in subsection 23.4 of this Agreement.
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Holdover Damages is defined in subsection 23.4 of this Agreement. 25 The “Index” means the “all items” index figure for the New York Northeastern New Jersey average of the Consumer Price Index for all urban wage earners and clerical workers which uses a base period of 1982-84=100, published by the United States Department of Labor, so long as it continues to be published. If the Index is not published for a period of three consecutive months, or if its base period is changed, the term “Index” shall mean that index, as nearly equivalent in purpose, function and coverage as practicable to the original Index, which the Landlord shall have designated by notice to the Tenant.
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Holdover Damages means the additional Basic Rental paid by Tenant to the landlords under the Existing Leases, to the extent such Basic Rental exceeds the Basic Rental in effect immediately prior to the holdover. Landlord shall reimburse Tenant for such Holdover Damages within ten business days after Landlord’s receipt of Tenant’s written request therefor along with reasonable documentation evidencing such Holdover Damages.
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Examples of Holdover Damages in a sentence

  • Failure to leave premises by lease ending date shall result in loss of the Security Deposit and will result in Holdover Damages as prescribed by law which is double the rent amount.

  • Landlord shall not be required to mitigate Holdover Damages except as may be required by then applicable Legal Requirements.

  • Tenant shall use reasonable and diligent efforts to mitigate the Holdover Damages for which Landlord is liable to Tenant hereunder, including working in good faith with Landlord to explore reasonable opportunities to mitigate such Holdover Damages.

  • Such payment of Tenant’s Holdover Damages up to Landlord’s Holdover Payment shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete such work within such time.

  • Payment of the Holdover Damages shall be calculated for the period commencing on May 1, 2000 and ending on the date the Returned Space is actually surrendered to Sublessor in the condition required by the Sublease.

  • Subtenant shall pay to Sublandlord the Holdover Damages upon ten (10) days written demand, in full without setoff, and no extension or renewal of this Sublease shall be deemed to have occurred by such holding over, nor shall Sublandlord be precluded by accepting such aggregate sum for use and occupancy from exercising all rights and remedies available to it to obtain possession of the Subleased Premises.

  • Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any Proceeding, any claim that it is not personally subject to the jurisdiction of any Court, or that such Proceeding has been commenced in an improper or inconvenient forum.

  • Tenant shall not agree to any settlement with the IP Landlord as to a holdover at International Place which results in Holdover Damages for which Landlord is liable under Subsection 3.3.1 without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed.

  • The parties expressly acknowledge that Holdover Damages are not indirect or consequential damages and are recoverable by Landlord as provided herein.

  • Thereafter, the provisions regarding Holdover Damages shall apply.


More Definitions of Holdover Damages

Holdover Damages means (without duplication of any amounts payable by Tenant pursuant to Article 22 hereof) any and all actual holdover costs, penalties, rentals and damages incurred by a prospective tenant of all or any portion of the portion of the Premises with respect to which Tenant shall have held over beyond the foregoing one hundred twenty (120) day period under such tenant’s then existing lease for space at another building, to the extent that Landlord is obligated to pay such holdover costs, penalties, rentals and/or damages under a binding agreement entered into between Landlord and such prospective tenant (it being agreed that Landlord shall use reasonable efforts to mitigate the amount of any such costs, penalties, rentals and/or damages payable by Landlord, and (x) to the extent that such mitigation is required to be undertaken by Landlord pursuant to applicable Laws, Tenant shall be responsible for the incremental costs incurred by Landlord as a result of such mitigation, and (y) to the extent that such mitigation is not required to be undertaken by Landlord pursuant to applicable Laws, Landlord shall not be obligated to incur any incremental costs in connection with such mitigation unless Tenant agrees in writing to pay such incremental costs). At Tenant’s request made at any time during the last six (6) months of the Term, Landlord shall notify Tenant of any leasing of the Premises (or any portion thereof) for a term commencing following the expiration of the Term (or of Tenant’s right of possession hereunder) which may give rise to any indemnification obligations of Tenant pursuant to this Paragraph 13(A). Notwithstanding the foregoing, Landlord and Tenant acknowledge that the holdover rental amounts set forth in subsections (i) and (ii) of this Paragraph 13(A), and the indemnification obligations set forth in this Paragraph 13(A), have been specifically negotiated by Landlord and Tenant to be, and the same shall be, Landlord’s sole monetary remedy on account of Tenant’s holding over in or retaining possession of the Premises or any part thereof, and in no event shall Landlord be entitled to recover any other monetary damages or award, whether direct, indirect, special or consequential.
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Related to Holdover Damages

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Direct Damage has the meaning given to it in clause 26.2;

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Damage Payment means the dollar amount equal to the amount initially posted as Project Development Security pursuant to Section 8.4(a).

  • Work loss means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income,

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Overhead Damage means any damage to the Vehicle or to any third-party property that is caused by: (a) contact between any part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path; (b) the Vehicle hitting a signed height restricted structure such as but not limited to bridges, car parks and drive throughs; or (c) objects being placed on the roof of the Vehicle;

  • Special Damages has the meaning specified in Section 11.21.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Premises Building Partial Damage means if the Building of which the Premises are a part is damaged or destroyed to the extent that the cost to repair is less than fifty percent (50%) of the then Replacement Cost of the building.

  • Environmental Damage means any material injury or damage to persons, living organisms or property or any material pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

  • Premises Partial Damage means damage or destruction to the Premises, other than Lessee-Owned Alterations and Utility Installations, the repair cost of which damage or destruction is less than fifty percent (50%) of the then Replacement Cost (as defined in Paragraph 9.1(d)) of the Premises (excluding Lessee-Owned Alterations and Utility Installations and Trade Fixtures) immediately prior to such damage or destruction.

  • Additional Rent means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease;

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Consequential Loss means indirect or consequential loss or damage such as, but not limited to, loss of contract, bargain, expectation, opportunity, profit, production, revenue, anticipated cost reduction or interest payable howsoever caused, arising out of or in connection with this Contract.