Common use of Holding Over Without Consent Clause in Contracts

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.

Appears in 2 contracts

Samples: Office Lease Agreement (Exodus Communications Inc), Office Lease Agreement (Dwango North America Corp)

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Holding Over Without Consent. If Tenant remains in shall retain possession of ---------------------------- the Premises after the termination or expiration of the Lease Term any part thereof without Landlord's prior written consentconsent following the expiration or sooner termination of this Lease for any reason, then Tenant shall become a tenant at sufferance onlypay to Landlord for each day of such retention double the amount of the daily Rent for the last period prior to the date of such expiration or termination, subject to all adjustment as provided in Section 4. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the provisions Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Landlord gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease so far as applicable, except that Base Rent shall be increased for a period from month 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 basismonth. Acceptance of Rent by Landlord of Rent after the following expiration or termination of the Lease Term shall not result in constitute a renewal or extension of this Lease. The provisions of Section 3.7 , and nothing contained in this Section 3.8 are in addition to, and shall not act as a waiver of or otherwise affect, waive Landlord's right of re-entry or any other rights of right. Unless Landlord under this Lease or as provided by law or in equity. If Tenant fails exercises the option hereby given to surrender the Premises upon the termination of the Lease Term, despite Landlord's demand to do soit, Tenant shall indemnifybe only a Tenant at sufferance, defend and hold whether or not Landlord harmless accepts any Rent from and against all loss and liability, including, Tenant while Tenant is holding over 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 therewithLandlord's written consent.

Appears in 1 contract

Samples: Partnership Lease Agreement (Preview Systems Inc)

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 3.6 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.

Appears in 1 contract

Samples: Lease Agreement (Pac-West Telecomm Inc)

Holding Over Without Consent. If Tenant remains in shall retain possession of the Premises after the termination or expiration of the Lease Term any part thereof without Landlord's prior written consentconsent following the expiration or sooner termination of this Lease for any reason, then Tenant shall become a tenant at sufferance onlypay to Landlord for each day of such retention 150% of the amount of the daily Rent for the last period prior to the date of such expiration or termination, subject to all adjustment as provided in Section 4. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the provisions Premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Alternatively, if Landlord gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease so far as applicable, except that Base Rent shall be increased for a period from month 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 basismonth. Acceptance of Rent by Landlord of Rent after the following expiration or termination of the Lease Term shall not result in constitute a renewal or extension of this Lease. The provisions of Section 3.7 , and nothing contained in this Section 3.8 are in addition to, and shall not act as a waiver of or otherwise affect, waive Landlord's right of re-entry or any other rights of right. Unless Landlord under this Lease or as provided by law or in equity. If Tenant fails exercises the option hereby given to surrender the Premises upon the termination of the Lease Term, despite Landlord's demand to do soit, Tenant shall indemnifybe only a Tenant at sufferance, defend and hold whether or not Landlord harmless accepts any Rent from and against all loss and liability, including, Tenant while Tenant is holding over 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 therewithLandlord's written consent.

Appears in 1 contract

Samples: Lease Agreement (Webtrends Corp)

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Holding Over Without Consent. If Tenant remains in Tenant, without Landlord's consent, retains possession of the Premises after the expiration or earlier termination or expiration of Term (or, in the Lease Term without Landlord's prior written consentcase of a month-to-month tenancy under Subsection 19.2, after the duly noticed termination date of such tenancy), then Tenant shall become a tenant at sufferance only, subject pay to all the provisions of this Lease so far as applicable, except that Base Rent shall be increased to an amount Landlord monthly rental equal to two hundred percent (200%) multiplied by the sum of the monthly installments of Base Minimum Monthly Rent and Additional Rent payable by Tenant during applicable immediately prior to the last month of the Lease Term, prorated on a daily basis. Acceptance by Landlord of Rent after the expiration or earlier 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 toTerm, 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 indemnify Landlord harmless from and against all loss losses, costs, claims, liabilities, and liability, expenses (including, without limitation, any claim made reasonable' attorneys' fees and disbursements) sustained by any succeeding tenant founded onLandlord by reason of such retention (including, or resulting from, such failure to surrender, including without limitation, claims for damages by any attorneys' fees other person to whom Landlord may have agreed to lease all or costs associated therewithany 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.

Appears in 1 contract

Samples: Virage Inc

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