Common use of Hold Over Clause in Contracts

Hold Over. If Tenant fails to vacate and/or check out of the Premises and Apartment Unit by the Lease Termination Date at 12 noon, Tenant shall be obligated to pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Date. In addition, Tenant shall be liable for all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in the Premises or Apartment Unit after this Lease has been terminated, the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a result.

Hold Over. If Tenant fails to vacate and/or check out of the Premises and Apartment Unit by the Lease Termination Date at 12 noon, Tenant shall be obligated to pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Date. In addition, Tenant shall be liable for all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in the Premises or Apartment Unit after this Lease has been terminated, the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service deskthe Main Office or After Hours Desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service the Main Office or After Hours desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a result.

Hold Over. If Tenant (or anyone claiming through Tenant) shall remain in occupancy of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlord, then, without limiting Landlord’s other rights and remedies, the person remaining in possession shall be deemed a tenant at sufferance, and Tenant shall thereafter pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession) at a rate equal to the higher of 125% for the first 30 days, and 150% thereafter, of (x) the Base Rent rate applicable during the last monthly period immediately preceding such expiration or termination or (y) the fair market rent for Base Rent (which shall be determined on a so-called “triple net” basis), in each case with all Additional Rent also payable as provided in this Lease. The foregoing provisions shall not serve as permission for Tenant or anyone claiming by, through, or under Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time after the expiration or earlier termination of this Lease to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant fails to vacate and/or check out of surrender the Premises and Apartment Unit by upon the Lease Termination Date at 12 noonexpiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of this Lease shall operate or be obligated to pay construed as an extension or renewal of this Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s prior and express written approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ prior written notice or such lesser time period as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Datemay be permitted by Law. In additionany case, Tenant shall be liable to Landlord for all consequential and/or other damages suffered actually resulting from any failure by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in Tenant to vacate the Premises or Apartment Unit after any portion thereof when required hereunder. The provisions of this Lease has been terminated, Section 3.02 shall survive the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep termination or dispose earlier expiration of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a resultthis Lease.

Hold Over. If Tenant fails to vacate and/or check out of the Premises and Apartment Unit by the Lease Termination Date at 12 noon, Tenant shall be obligated to pay Landlord, as additional rent, a fee of ONE HUNDRED AND 00/100 DOLLARS ($100.00) per day for each day or portion of a day that the Tenant remains past the Lease Termination Date. In addition, Tenant shall be liable for all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in the Premises or Apartment Unit after this Lease has been terminated, the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after . After which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a result.

Hold Over. If Tenant fails or anyone claiming under Tenant shall remain in possession of any premises demised to vacate and/or check out Tenant under either the 1995 Lease or the 2001 Lease after the expiration or prior termination of Tenant's occupancy rights without any agreement in writing between Landlord and Tenant with respect thereto, then, prior to the acceptance of any payments for rent or use and occupancy by Landlord, the person remaining in possession shall be deemed a tenant-at-sufferance. Whereas the parties hereby acknowledge that Landlord may need such premises after the expiration or prior termination of Tenant's occupancy rights for other tenants and that the damages which Landlord may suffer as the result of Tenant's holding-over cannot be determined as of the Premises and Apartment Unit by Execution Date hereof, in the Lease Termination Date at 12 noonevent that Tenant so holds over, Tenant shall be obligated pay to pay Landlord, as additional rentLandlord in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, a fee use and occupancy charge at an annual rate of ONE HUNDRED AND 00/100 DOLLARS ($100.00) 43 per rentable square foot, measured from the day for each on which Tenant's hold-over commenced and terminating on the day or portion of a day that on which Tenant vacates the Tenant remains past the Lease Termination Datepremises. In addition, if such hold over continues for a period of more than sixty (60) days, Tenant shall be liable for defend, indemnify and hold Landlord harmless from and against any and all consequential and/or other damages suffered by Landlord, including lost future rents, as a direct or indirect result of Tenant’s holding over. In the event that any items of personal property are left in the Premises or Apartment Unit after this Lease has been terminated, the Landlord will consider the following: a) if the Tenant leaves the property and turns in their keys to their designated service desk, the Landlord will consider these items to be abandoned and Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else or b) if the Tenant leaves the property and does not turn in their keys to their designated service desk, the Landlord will hold personal property for a maximum of thirty (30) days at Tenant’s sole risk and expense, after which Landlord may keep or dispose of same as it deems fit without liability to Tenant or anyone else. Cost to dispose of abandoned property may be charged to the Tenant. In the event Landlord shall commence legal action as a result suffer on account of Tenant’s holding over, Tenant shall additionally be liable to Landlord for any and all court costs and reasonable attorney’s fees incurred by Landlord as a result's hold over in the premises after termination of Tenant's occupancy rights.