Holding Over Without Consent. If Tenant remains in possession of the Premises after the termination or expiration of the Lease Term without Landlord's prior written consent, Tenant shall become a tenant at sufferance only, subject to all the provisions of this Lease so far as applicable, except that Base Rent shall be increased to an amount equal to two hundred percent (200%) multiplied by the sum of the monthly installments of Base Rent and Additional Rent payable by Tenant during the last month of the Lease Term, prorated on a daily basis. Acceptance by Landlord of Rent after the termination of the Lease Term shall not result in a renewal or extension of this Lease. The provisions of Section 3.7 and this Section 3.8 are in addition to, and shall not act as a waiver of or otherwise affect, Landlord's right of re-entry or any other rights of Landlord under this Lease or as provided by law or in equity. If Tenant fails to surrender the Premises upon the termination of the Lease Term, despite Landlord's demand to do so, Tenant shall indemnify, defend and hold Landlord harmless from and against all loss and liability, including, without limitation, any claim made by any succeeding tenant founded on, or resulting from, such failure to surrender, including without limitation, any attorneys' fees or costs associated therewith.
Holding Over Without Consent. If, after the expiration or earlier termination of the Lease Term, Tenant remains in possession of the Premises without Landlord's express written consent, Tenant shall become a tenant at sufferance only, subject to all of the provisions of this Lease (except as to Lease Term), provided that the monthly installments of Minimum Annual Rental payable by Tenant shall be increased to one hundred fifty percent (150%) of the monthly average of the total Minimum Annual Rental and Percentage Rental which was payable by Tenant during the Lease Term; the aforementioned new Minimum Annual Rental payable during the aforementioned tenancy at sufferance shall be prorated and paid in advance on a daily basis; and if and to the extent the amount of the Percentage Rental payable with respect to the Lease Term is not known when the tenancy at sufferance begins, the rate of Minimum Annual Rental payable until the aforementioned amount of Percentage Rental has been determined shall be at the daily rate specified by Landlord and when the correct figure is determined an appropriate lump sum adjusting payment shall be made to correct any overpayment or underpayment. Acceptance by Landlord of rental after such expiration or earlier termination shall not result in a renewal or extension of this Lease. The provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, despite demand to do so by Landlord, Tenant shall indemnify, defend and hold Landlord harmless from all loss or liability, including any claim made by any succeeding tenant founded on or resulting from such failure to surrender and any attorney fees and costs associated therewith.
Holding Over Without Consent. Subject to Section 28.2, if Xxxxxx fails to surrender all or any part of the Premises at the expiration or earlier termination of this Lease, occupancy of the Premises shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 200% of the sum of the Monthly Rent and Additional Rent due for the period immediately preceding the holdover. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Tenant shall be liable for, and shall indemnify Landlord from and against, any and all damages direct and/or consequential, or as otherwise provided by Applicable Laws that Landlord may suffer on account of Xxxxxx’s failure or refusal to so surrender possession of the Premises.
Holding Over Without Consent. In the event that LESSEE holds over and remains in possession of the leased premises without consent of the LESSOR, that holding over shall constitute LESSEE a trespasser.
Holding Over Without Consent. If Sublessee shall retain possession of the Premises or any part thereof without Sublessor's consent following the expiration or sooner termination of this Sublease for any reason, then Sublessee shall pay to Sublessor for each day of such retention one hundred fifty percent (150%) of the amount of the daily Rent for the last period prior to the date of such expiration or termination, subject to adjustment as provided in Section 7. Sublessee shall also indemnify and hold Sublessor harmless from Sublessor's actual damages resulting from delay by Sublessee in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Sublessor gives notice to Sublessee of Sublessor's election thereof, such holding over shall constitute renewal of this Sublease for a period from month to month. Acceptance of Rent by Sublessor following expiration or termination shall not constitute a renewal of this Sublease, and nothing contained in this Section shall waive Sublessor's right of re-entry or any other right. Unless Sublessor exercises the option hereby given to it, Sublessee shall be only a tenant at sufferance, whether or not Sublessor accepts any Rent from Sublessee while Sublessee is holding over without Sublessor's written consent.
Holding Over Without Consent. Any holding over by Tenant or anyone acting through Tenant after the expiration of the Initial Term or any Holdover Term, without the written consent of the Landlord, shall be construed to be a tenancy at will and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall pay 150% of the Rent due under paragraph 4(a). The provisions of this paragraph shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.
Holding Over Without Consent. If Tenant remains in possession of the Demised Premises after the expiration or earlier termination of the term hereof without the express written consent of Landlord, Tenant shall become a tenant at sufferance upon all the terms of this Lease applicable to a tenant at sufferance, except that the monthly installments of Basic Rent shall be equal to one hundred fifty percent (150%) of the monthly installment of the Basic Rent in effect during the immediately preceding thirty (30) days. If at the end of the term of this Lease Tenant has vacated the Demised Premises but Tenant has not left the Demised Premises in substantially the condition required by this Lease, or Landlord is for any reason prevented from allowing another tenant to have possession of the Demised Premises as a result of any act or omission of Tenant, Tenant shall be deemed to be holding over without consent and Tenant shall also be liable for any other damages Landlord may suffer.
Holding Over Without Consent. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, Tenant shall become a tenant at sufferance upon all the terms of this Lease applicable to a tenant at sufferance, except that the monthly installments of Basic Rent shall be equal to 200% of the monthly installment of the Basic Rent in effect prior to the expiration or earlier termination of the Term. Tenant shall continue to pay Operating Expenses in accordance with Section 7, and any other amount of Rent due Landlord under this Lease, and such tenancy at sufferance shall be subject to every other covenant and agreement contained herein. Tenant further acknowledges and agrees that in the event of any such holdover without Landlord’s consent, Landlord will suffer significant monetary damages as a result of Landlord’s inability to timely relet the Premises. Such damages may include the loss of rent from a new tenant, damage claims by a new tenant for failure to timely deliver the Premises to the new tenant, overtime and other charges associated with preparing the Premises for occupancy by a new tenant, lost rent as a result of the cancellation of a new lease, legal fees and other costs and expenses. In addition to paying Basic Rent as set forth herein, Tenant also agrees to fully compensate Landlord for any such consequential damages.
Holding Over Without Consent. If Tenant, without Landlord's consent, retains possession of the Premises after the expiration or earlier termination of Term (or, in the case of a month-to-month tenancy under Subsection 19.2, after the duly noticed termination date of such tenancy), then Tenant shall pay to Landlord monthly rental equal to two hundred percent (200%) of the Minimum Monthly Rent applicable immediately prior to the expiration or earlier termination of the Term, and Tenant shall indemnify Landlord from and against all losses, costs, claims, liabilities, and expenses (including, without limitation, reasonable' attorneys' fees and disbursements) sustained by Landlord by reason of such retention (including, without limitation, claims for damages by any other person to whom Landlord may have agreed to lease all or any part of the Premises effective on or after the date Tenant was obligated to surrender possession of the Premises). No acceptance by Landlord of rent during any such holding over without Landlord's approval shall reinstate, continue, or extend the Term of this Lease or shall affect any notice of termination given to Tenant prior to the payment of such money, it being agreed that after the service of such notice or the commencement of any suit by Landlord to obtain possession of the Premises, Landlord may receive and collect when due any and all payments owed by Tenant under this Lease, and otherwise exercise its rights and remedies. The making of any such payments by Tenant shall not waive such notice, or in any manner affect any pending suit or judgment obtained.
Holding Over Without Consent. If Tenant shall, at the expiration or other termination of this Lease, continue in possession of the Premises, either actually or constructively, then the monthly rent shall be 125% of the monthly rent and other amounts payable for the last month of the term for the first three (3) months of any such holdover, and thereafter, two (2) times the monthly rent and other amounts payable for the last month of the term, prorated on a daily basis for each day that Tenant remains in possession. Tenant shall not be liable to Landlord for any and all consequential damages sustained by Landlord as a result of such continued possession if the holdover period is six (6) months or less, thereafter Tenant shall be liable to Landlord for any and all consequential damages sustained by Landlord. Landlord may, but shall not be obligated to, take action to terminate the holding over by Tenant.
