Common use of Holding Over Without Consent Clause in Contracts

Holding Over Without Consent. If Tenant, without Xxxxxxxx’s consent, retains possession of the Premises after the expiration or earlier termination of this Lease, then Tenant shall pay to Landlord monthly rental equal to the “Applicable Percentage” (as defined below) of the Minimum Monthly Rent applicable immediately prior to the expiration or earlier termination of the Term. The “Applicable Percentage” shall be determined as follow: 150% for the first month of such holdover and 200% for the second month and any additional months of such holdover. In addition, Xxxxxx shall indemnify and defend Landlord from and against all losses, costs, claims, liabilities, damages 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). Upon written request by Xxxxxx, Landlord shall advise Tenant in writing as to whether or not Landlord has entered into a lease with a succeeding tenant. No acceptance by Landlord of Rent during any such holding over without Landlord’s approval shall reinstate, continue, or extend the Term 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: Office Lease (Fitbit Inc)

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Holding Over Without Consent. If Tenant, without Xxxxxxxx’s consent, retains Tenant shall retain possession of the ---------------------------- Premises after or any part thereof without Landlord's consent following the expiration or earlier sooner termination of this LeaseLease for any reason, then Tenant shall pay to Landlord monthly rental equal to for each day of such retention double the “Applicable Percentage” (as defined below) amount of the Minimum Monthly daily Rent applicable immediately for the last period prior to the date of such expiration or earlier termination of the Termtermination, subject to adjustment as provided in Section 4. The “Applicable Percentage” Tenant shall be determined as follow: 150% for the first month of such holdover and 200% for the second month and any additional months of such holdover. In addition, Xxxxxx shall also indemnify and defend hold Landlord harmless from and against all lossesany loss or liability resulting from delay by Tenant in surrendering the Premises, costs, claims, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) sustained 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 for a period from month to month. Acceptance of Rent by Landlord by reason following expiration or termination shall not constitute a renewal of such retention (includingthis Lease, without limitation, claims for damages by and nothing contained in this Section shall waive Landlord's right of re-entry or any other person right. Unless Landlord exercises the option hereby given to whom Landlord may have agreed to lease all or any part of the Premises effective on or after the date it, Tenant was obligated to surrender possession of the Premises). Upon written request by Xxxxxxshall be only a Tenant at sufferance, Landlord shall advise Tenant in writing as to whether or not Landlord has entered into a lease with a succeeding tenant. No acceptance by Landlord of accepts any Rent during any such from Tenant while Tenant is holding over without Landlord’s approval shall reinstate, continue, or extend the Term 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's written consent.

Appears in 1 contract

Samples: Lease Agreement (Virtual Mortgage Network Inc)

Holding Over Without Consent. If Tenant, without Xxxxxxxx’s consent, retains Tenant shall retain possession ---------------------------- of the Premises after or any part thereof without Landlord's consent following the expiration or earlier sooner termination of this LeaseLease for any reason, then Tenant shall pay to Landlord monthly rental equal to the “Applicable Percentage” (as defined below) for each day of such retention 150% of the Minimum Monthly amount of the daily Rent applicable immediately for the last period prior to the date of such expiration or earlier termination of the Termtermination, subject to adjustment as provided in Section 4. The “Applicable Percentage” Tenant shall be determined as follow: 150% for the first month of such holdover and 200% for the second month and any additional months of such holdover. In addition, Xxxxxx shall also indemnify and defend hold Landlord harmless from and against all lossesany loss or liability resulting from delay by Xxxxxx in surrendering the Premises, costs, claims, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees and disbursementsany claims made by any succeeding tenant founded on such delay. Alternatively, if Xxxxxxxx gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease for a period from month to month which tenancy may be terminated by either party by delivering thirty (30) sustained days written notice prior to the end of any monthly period. Acceptance of Rent by Landlord by reason following expiration or termination shall not constitute a renewal of such retention (includingthis Lease, without limitation, claims for damages by and nothing contained in this Section shall waive Landlord's right of re- entry or any other person right. Unless Landlord exercises the option hereby given to whom Landlord may have agreed to lease all or any part of the Premises effective on or after the date it, Tenant was obligated to surrender possession of the Premises). Upon written request by Xxxxxxshall be only a Tenant at sufferance, Landlord shall advise Tenant in writing as to whether or not Landlord has entered into a lease with a succeeding tenant. No acceptance by Landlord of accepts any Rent during any such from Tenant while Tenant is holding over without Landlord’s approval shall reinstate, continue, or extend the Term 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 obtainedXxxxxxxx's written consent.

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares Inc)

Holding Over Without Consent. If Tenant, without Xxxxxxxx’s consent, retains Sublessee shall retain possession of the Premises after or any part thereof without Sublessor's consent following the expiration or earlier sooner termination of this LeaseSublease for any reason, then Tenant Sublessee shall pay to Landlord monthly rental equal to the “Applicable Percentage” Sublessor for each day of such retention one hundred fifty percent (as defined below150%) of the Minimum Monthly amount of the daily Rent applicable immediately for the last period prior to the date of such expiration or earlier termination of the Termtermination, subject to adjustment as provided in Section 7. The “Applicable Percentage” Sublessee shall be determined as follow: 150% for the first month of such holdover and 200% for the second month and any additional months of such holdover. In addition, Xxxxxx shall also indemnify and defend Landlord hold Sublessor harmless from and against all lossesSublessor's actual damages resulting from delay by Sublessee in surrendering the Premises, costs, claims, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) sustained by Landlord by reason of such retention (including, without limitation, any claims for damages made by any other person succeeding tenant founded on such delay. Alternatively, if Sublessor gives notice to whom Landlord may have agreed Sublessee of Sublessor's election thereof, such holding over shall constitute renewal of this Sublease for a period from month to lease all 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 part of other right. Unless Sublessor exercises the Premises effective on or after the date Tenant was obligated option hereby given to surrender possession of the Premises). Upon written request by Xxxxxxit, Landlord Sublessee shall advise Tenant in writing as to be only a tenant at sufferance, whether or not Landlord has entered into a lease with a succeeding tenant. No acceptance by Landlord of Sublessor accepts any Rent during any such from Sublessee while Sublessee is holding over without Landlord’s approval shall reinstate, continue, or extend the Term 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 obtainedSublessor's written consent.

Appears in 1 contract

Samples: Lease Agreement (Pg&e Gas Transmission Northwest Corp)

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Holding Over Without Consent. If Tenant, without Xxxxxxxx’s consent, retains Tenant shall retain possession of the ---------------------------- Premises after or any part thereof without Landlord's consent following the expiration or earlier sooner termination of this LeaseLease for any reason, then Tenant shall pay to Landlord monthly rental equal to the “Applicable Percentage” (as defined below) for each day of such retention 150% of the Minimum Monthly amount of the daily Rent applicable immediately for the last period prior to the date of such expiration or earlier termination of the Termtermination, subject to adjustment as provided in Section 4. The “Applicable Percentage” Tenant shall be determined as follow: 150% for the first month of such holdover and 200% for the second month and any additional months of such holdover. In addition, Xxxxxx shall also indemnify and defend hold Landlord harmless from and against all lossesany loss or liability resulting from delay by Xxxxxx in surrendering the Premises, costs, claims, liabilities, damages and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) sustained any claims made by any succeeding tenant founded on such delay. Alternatively, if Xxxxxxxx gives notice to Tenant of Landlord's election thereof, such holding over shall constitute renewal of this Lease for a period from month to month. Acceptance of Rent by Landlord by reason following expiration or termination shall not constitute a renewal of such retention (includingthis Lease, without limitation, claims for damages by and nothing contained in this Section shall waive Landlord's right of re-entry or any other person right. Unless Landlord exercises the option hereby given to whom Landlord may have agreed to lease all or any part of the Premises effective on or after the date it. Tenant was obligated to surrender possession of the Premises). Upon written request by Xxxxxxshall be only a Tenant at sufferance, Landlord shall advise Tenant in writing as to whether or not Landlord has entered into a lease with a succeeding tenant. No acceptance by Landlord of accepts any Rent during any such from Tenant while Tenant is holding over without Landlord’s approval shall reinstate, continue, or extend the Term 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's written consent.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

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