Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 21 contracts
Sources: Lease Agreement (Heat Biologics, Inc.), Lease Agreement (Nkarta, Inc.), Lease (Oric Pharmaceuticals, Inc.)
Holding Over. If This Lease shall terminate without further notice on the Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not neither constitute a renewal hereof nor extension of this Lease nor give Tenant any rights in or an extension for any further termto the Leased Premises except as expressly provided in this Paragraph. If Tenant holds Any such holding over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy to which Landlord has consented shall be deemed construed to be a tenancy by sufferance onlyfrom month to month, on the same terms and shall not constitute a renewal hereof or an extension for any further term. In either caseconditions herein specified insofar as applicable, except that the Base Monthly Rent shall be payable at a monthly rate increased to an amount equal to one hundred fifty percent (150%) of the Base Monthly Rent applicable payable during the last rental period full month immediately preceding such holding over. Without limiting the foregoing, in the event of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any a holding over by Tenantto which Landlord has consented, and any rights of Landlord expressly reserves the right to require or obligations of Tenant to surrender possession of the Premises to Landlord as provided set forth in this Lease upon and purporting to apply during the expiration or other termination term of this Lease. The provisions of this Article 16 , shall not nonetheless also be deemed to limit apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawotherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Leased Premises. If Therefore, if Tenant fails to surrender the Leased Premises upon the expiration or termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any losses suffered by Landlord, including lost profits profits, resulting from such failure to Landlord resulting therefromsurrender.
Appears in 9 contracts
Sources: Lease Agreement (Cardiodx Inc), Sublease (Gigamon Inc.), Lease Agreement (Cardiodx Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to [***] during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and [***] thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 6 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, plus the amount of Additional Rent due hereunder, for the first (1st) month of such holdover, and (ii) two hundred percent (200%) of the Base Rent thereafter, plus the amount of Additional Rent due hereunder. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 5 contracts
Sources: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)
Holding Over. If Tenant ▇▇▇▇▇▇ holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant ▇▇▇▇▇▇ holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant▇▇▇▇▇▇, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant ▇▇▇▇▇▇ fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 4 contracts
Sources: Lease Agreement, Lease (Harpoon Therapeutics, Inc.), Lease (Denali Therapeutics Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 4 contracts
Sources: Lease (Atlas Crest Investment Corp.), Lease (Hippo Holdings Inc.), Lease (Kezar Life Sciences, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 4 contracts
Sources: Sublease (Sutro Biopharma, Inc.), Lease (Graphite Bio, Inc.), Lease (MyoKardia Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon within thirty (30) days after the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 4 contracts
Sources: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the first two (2) months of such holdover with such rate increasing to one hundred fifty percent (150%) of the Base Rent if Tenant holdsover longer than two (2) months. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 4 contracts
Sources: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)
Holding Over. If Tenant holds over after On the expiration last day of the Lease Term or earlier termination thereof, with the express or implied consent term of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy , or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease, or upon re-entry by the Landlord upon the demised property, the Tenant shall peaceably and without notice of any sort, quit and surrender the demised property to the Landlord in good order, condition and repair. The provisions of this Article 16 shall Tenant specifically agrees that in the event the Tenant retains possession and does not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to so quit and surrender the Premises upon property to the termination or expiration of this LeaseLandlord, in addition to any other liabilities to Landlord accruing therefrom, then the Tenant shall protectpay to the Landlord (i) all damages that the Landlord may suffer on account of the Tenant's failure to so surrender and quit the demised property, defend, and the Tenant will indemnify and hold save the Landlord harmless from and against any and all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon of the demised property against the Landlord on account of delay of the Landlord in delivering possession of the demised property to the said succeeding tenant to the extent that such delay is occasioned by the failure of the Tenant to so quit and surrender the said property, and (ii) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the Tenant thus remains in possession. The provisions of this paragraph do not waive any of the Landlord's rights of re-entry or any other right under the terms of this Lease. If the Tenant shall fail to surrender the property as herein provided, no new tenancy shall be created and any lost profits the Tenant shall be guilty of unlawful hold over. No surrender of this Lease or of the property shall be binding on the Landlord unless: (a) the Tenant physically vacates the property; and (b) the Landlord specifically acknowledges and consents to Landlord resulting therefromthe surrender in writing.
Appears in 4 contracts
Sources: Farm Lease (Jammin Java Corp.), Farm Lease (Jammin Java Corp.), Farm Lease (Jammin Java Corp.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150%. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 4 contracts
Sources: Office Lease (Cra International, Inc.), Office Lease (ZS Pharma, Inc.), Office Lease (Quality Systems Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyat sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate (prorated on a daily basis) equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall shall, to the extent permitted by applicable law, protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, commencing on the date that is sixty (60) days following such holdover, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 4 contracts
Sources: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one one-hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained hereinherein other than any option to renew or extend. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 3 contracts
Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Holding Over. If Tenant holds over after will, at the expiration of the this Lease Term Agreement, whether by lapse of time or earlier termination thereoftermination, with the express or implied consent of give up immediate possession to Landlord. Unless otherwise agreed by Landlord, if Tenant fails to give up possession the Landlord may, at its option, serve written notice upon Tenant that such tenancy shall be from holdover constitutes any one of (i) creation of a month-to-month onlytenancy, and shall not constitute or (ii) creation of a renewal hereof or an extension for any further termtenancy at sufferance. If Tenant holds over after Landlord does not give said notice, Tenant’s holdover shall create a tenancy at sufferance. In any such event the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance onlyupon the terms and conditions of this Lease Agreement, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent except that the Minimum Rental shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during Minimum Rental Tenant was obligated to pay Landlord under this Lease Agreement immediately prior to termination (in the last rental period case of tenancy at sufferance such Minimum Rental shall be prorated on the basis of a 365 day year for each day Tenant remains in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be required prior to commencement of any legal action to gain repossession of the Lease Term under this LeasePremises. Such month-to-month In the case of a tenancy or tenancy by at sufferance, as the case may be, Tenant shall be subject also pay to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent Landlord all damages sustained by Landlord to any holding over resulting from retention of possession by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver by Landlord of any other rights right of re-entry as otherwise available to Landlord; nor shall receipt of any rent or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality act in apparent affirmance of the foregoing, any claims made tenancy operate as a waiver of the right to terminate this Lease Agreement for a breach by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant hereof.
Appears in 3 contracts
Sources: Lease Agreement, Standard Office Lease Agreement (Virtual Radiologic CORP), Standard Office Lease Agreement (Virtual Radiologic CORP)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with of the Term hereof without the express or implied written consent of Landlord, such tenancy Tenant shall be from month-to-month onlybecome a Tenant at sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate Basic Rent equal to one hundred fifty percent (150%) of the Base Rent applicable payable during the last rental period month of the Lease Term under this Lease. Such month-to-during the first (1st) month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon immediately following the expiration or other earlier termination of this Leasethe Term, and two hundred percent (200%) thereafter, and otherwise subject to the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of Rent after such expiration or earlier termination without Landlord’s prior written consent shall not waive Landlord’s right to evict Tenant without thirty (30) days prior written notice. The foregoing provisions of this Article 16 shall 12 are in addition to and do not be deemed to limit affect Landlord’s right of reentry or constitute a waiver of any other rights or remedies of Landlord hereunder or as otherwise provided herein or at by law. If Tenant fails to surrender to Landlord exclusive possession of the Premises upon in the condition required hereunder by the date that is thirty (30) days after the expiration or earlier termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord and the other Landlord Indemnified Parties harmless from all loss, costs Claims (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims claim(s) made by any succeeding tenant tenant(s)) founded upon on or resulting from such failure to surrender surrender, lost profits and other consequential damages, and any lost profits and all attorneys’ fees and costs incurred by Landlord in connection Tenant’s failure to Landlord resulting therefromsurrender the Premises in accordance with the provisions of this Lease upon the expiration or earlier termination of this Lease.
Appears in 3 contracts
Sources: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)
Holding Over. If Tenant holds Any holding over after the expiration or other termination of the this Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy Landlord delivered to Tenant shall be construed to be a tenancy from month-to-month onlyto month at the Base Rent in effect on the date of such expiration or termination on the terms, covenants and shall not constitute a renewal hereof or an extension for any further termconditions herein specified so far as applicable. If Tenant holds Any holding over after the expiration or other termination of the this Lease Term of earlier termination thereof, without the express or implied written consent of Landlord, such tenancy Landlord shall be deemed construed to be a tenancy by at sufferance onlyon all the terms set forth herein, and shall not constitute a renewal hereof or an extension for any further term. In either case, except that Base Rent shall be payable at a monthly rate an amount equal to one hundred fifty percent (150%) of the Base Rent applicable during payable by Tenant immediately prior to such holding over. Acceptance by Landlord of Rent after the last rental period expiration or termination of the this Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the term hereof. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over by Tenantmay compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, and Landlord expressly reserves the right to require if Tenant fails to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability Losses resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. The provisions of this Paragraph are in addition to, and do not affect, Landlord’s right to reentry or other rights hereunder or provided by law.
Appears in 3 contracts
Sources: Lease (SVMK Inc.), Lease (SVMK Inc.), Sublease (Zuora Inc)
Holding Over. In the event of holding over by Tenant after the expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant’s right of possession pursuant to Article 25 above, Tenant shall, throughout the entire holdover period, pay rent equal to twice the Base Rent and Additional Rent which would have been applicable had the term of this Lease continued through the period of such holding over by Tenant. If Tenant holds over remains in possession of all or any part of the Premises after the expiration of the Lease Term or earlier termination thereofTerm, with the express or implied written consent of Landlord, : (a) such tenancy shall will be deemed to be a periodic tenancy from month-to-month only, and shall ; (b) such tenancy will not constitute a renewal hereof or an extension of this Lease for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, ; and (c) such tenancy shall may be deemed to be a tenancy terminated by sufferance only, and shall not constitute a renewal hereof Landlord upon the earlier of thirty (30) days prior written notice or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Leaseearliest date permitted by law. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall will be subject to every other applicable term, condition, and covenant contained in this Lease including the Base Rent and agreement contained hereinAdditional Rent provisions. Nothing contained in this Article 16 28 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the expiration or earlier termination or expiration of this Lease, in addition Lease despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureloss or liability, including, without limiting the generality of the foregoinglimitation, any claims claim made by any succeeding tenant founded upon on or resulting from such failure to surrender and any lost profits to Landlord resulting therefromsurrender.
Appears in 3 contracts
Sources: Lease Agreement (Vendingdata Corp), Lease Agreement (CardioVascular BioTherapeutics, Inc.), Lease Agreement (Elixir Gaming Technologies, Inc.)
Holding Over. If Should Tenant holds (or any subtenant, assignee or other party occupying the Premises by, through, under, or with the permission of Tenant), without Landlord's written consent, hold over after the expiration termination of the Lease Term this Lease, Tenant shall, at Landlord's option, become either a tenant at sufferance or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from a month-to-month only, tenant upon each and all of the terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent three (150%3) times the rate in effect for the last month of the Base Rent applicable during Term of this Lease or three (3) times Landlord's then asking rate for comparable space in the last rental period Project, whichever is greater, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant's Proportionate Share of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained hereinany increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from and against all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney's fees and costs.
Appears in 3 contracts
Sources: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyat sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate rate, prorated daily, equal to one hundred fifty percent (150%) of times the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 3 contracts
Sources: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Holding Over. If Tenant holds over for any reason Sublessee retains possession of the Premises or any part thereof after the expiration of the Lease Base Term or earlier termination thereofthe Extension Term, if any, Sublessee shall pay Sublessor on the day Fixed Rent is due monthly rent (including Fixed Rent and all Additional Rent) for such occupancy equal to the sum of (x) 150% of the existing monthly Fixed Rent for the first 90 days of such holdover and 200% thereafter and (y) 100% of all Additional Rent being paid by Sublessee for the last month of the Base Term or for the last month of the Extension Term, if any (the “Base Holdover Rent”) for so long as such hold-over shall continue. Sublessee shall comply with all of the express or implied consent terms and provisions of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over this Lease during ▇▇▇▇▇▇▇▇▇’s occupancy of the Premises after the expiration of the Lease Base Term of earlier termination thereofor Extension Term, without the express or implied consent of Landlord, such if any except that no new tenancy other than a tenancy at sufferance shall be deemed to be created or exist. Sublessee shall indemnify and hold Sublessor harmless from and against any and all loss, costs or damages (direct, indirect and consequential) sustained or incurred by Sublessor as a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) result of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over in the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession Sublessee beyond expiration or earlier termination of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration Term of this Lease, in addition to any other provided that Sublessor has given Sublessee at least forty-five (45) days’ advance written notice that Sublessor will incur damages, costs, liabilities to Landlord accruing therefromor expenses, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality on account of the foregoing, any claims made by any succeeding tenant founded upon such ▇▇▇▇▇▇▇▇▇’s failure to surrender vacate (which notice shall set forth in reasonable detail the reason and any lost profits to Landlord resulting therefrombasis for such damages).
Appears in 3 contracts
Sources: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 3 contracts
Sources: Office Lease (Cardionet Inc), Office Lease (Gadzoox Networks Inc), Office Lease (Team Communication Group Inc)
Holding Over. If Tenant Subtenant holds over after the expiration of the Lease Sublease Term or earlier termination thereofof this Sublease, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of LandlordSublandlord, such tenancy shall then Subtenant will become and be deemed to be only a tenancy by tenant at sufferance only, and shall not constitute at a renewal hereof or an extension for any further term. In either case, per diem Base Rent shall be payable at a monthly rate equal to one hundred fifty Two Hundred percent (150200%) of the Base Rent applicable during payable by Sublandlord and allocable to the last rental period of Sublease Premises under the Master Lease Term under this Leaseimmediately prior to such expiration or termination, and otherwise upon the terms, covenants and conditions herein specified. Such month-to-month tenancy or tenancy by sufferance, as Notwithstanding any provision to the case may be, shall be subject to every other applicable term, covenant and agreement contrary contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord (a) Sublandlord expressly reserves the right to require Tenant Subtenant to surrender possession of the Sublease Premises to Landlord as provided in this Lease upon the expiration of Sublease Term or other upon the earlier termination of this Lease. The provisions of this Article 16 shall not be deemed Sublease and the right to limit assert any remedy at law or constitute a waiver of in equity to evict Subtenant and/or collect damages in connection with any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Leaseholding over, in addition to any other liabilities to Landlord accruing therefromand (b) Subtenant will indemnify, Tenant shall protect, defend, indemnify defend and hold Landlord Sublandlord harmless from and against any and all lossliabilities, claims, demands, actions, losses, damages, obligations, costs (including reasonable attorneys’ fees) and liability resulting from such failureexpenses, including, without limiting limitation, attorneys’ fees (including the generality allocated costs of the foregoing, any claims made Sublandlord’s in-house attorneys) incurred or suffered by any succeeding tenant founded upon such Sublandlord by reason of Subtenant’s failure to surrender and any lost profits to Landlord resulting therefromthe Sublease Premises on the expiration of the Sublease Term or earlier termination of this Sublease.
Appears in 3 contracts
Sources: Real Estate License Agreement, Real Estate License Agreement (Editas Medicine, Inc.), Real Estate License Agreement (Editas Medicine, Inc.)
Holding Over. If Tenant holds will not hold over in the Premises after the expiration end of the Lease Term or earlier termination thereof, with term without the express or implied prior written consent of Landlord, such tenancy shall which may be from month-to-month onlywithheld arbitrarily. However, provided that Tenant is not in default, Tenant may extend the Lease Term on the same terms and shall conditions provided that Tenant delivers an unconditional extension notice to Landlord at least six (6) months before the end of the term (or any extensions thereof) and specifies in that notice the length of extension period, which cannot constitute a renewal hereof or an extension for any further termbe more than three (3) months. If Tenant holds over after validly exercises this extension right, the expiration term will be deemed extended for the period specified in Tenant's notice (but not for more than three (3) months), and such extension will be part of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall term and will not be deemed to be considered a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves but there will be no further extension rights. This extension right is applicable only at the right to require Tenant to surrender possession end of the Premises Lease term, as extended. Landlord will diligently attempt to Landlord include in its lease with any succeeding or prospective tenant provisions disclaiming liability for consequential damages (i.e., damages for lost business or revenue, as provided in this Lease upon opposed to actual damages or penalties) to any such tenant, and/or provisions limiting such succeeding or prospective tenant's remedies solely to the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition as a result of Landlord's failure to any other liabilities substantially complete and deliver space to such tenant as required, but Tenant will indemnify Landlord accruing therefromfor, Tenant shall protect, defend, indemnify and hold Landlord harmless from from, any and all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureLiabilities arising out of or in connection with any holding over, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding or prospective tenant founded upon such failure to surrender and any lost profits loss of rent suffered by Landlord. If, despite this express agreement, any tenancy is created by Tenant's holding over, except as specifically set forth in the next sentence, the tenancy will be a tenancy at sufferance terminable immediately at Landlord's sole option on written notice to Landlord resulting therefromTenant, but otherwise subject to the terms of this Lease, except that the most recent annual base rent will be doubled (except as specifically set forth in Section 16.4). Nothing in this Article or elsewhere in this Lease permits Tenant to hold over or in any way limits Landlord's other rights and remedies if Tenant holds over (except as specifically set forth in 16.4).
Appears in 3 contracts
Sources: Lease (Picturetel Corp), Sublease Agreement (Cabletron Systems Inc), Lease (Picturetel Corp)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (the product of 150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. for purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, as required pursuant to the terms of this Lease or the Tenant Work Letter, to remove any Alterations or Above Building Standard Tenant Improvements located within the Premises and replace the same with Building Standard Tenant Improvements. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losslosses, costs (including reasonable attorneys’ fees) and liability liabilities resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 3 contracts
Sources: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
Holding Over. If Tenant holds over after afar the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty [***] percent (150[***]%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding anything set forth in this Article 16 to the contrary, Tenant shall have the one-time right to extend the initial Lease Term for a period of up to three (3) months thereafter ("Temporary Extension Term") by delivering written notice of the exercise of such right at least three (3) months prior to the expiration of the initial Lease Term, which notice shall specify the period of the Temporary Extension Term Tenant shall select (which period shall be not less than one (1) month nor more than three (3) months), and provided that all of the following conditions are satisfied: (i) Tenant shall not have exercised its renewal right under the Extension Option Rider, (ii) at Landlord's option, in addition to all remedies available to Landlord under this Lease, at law or in equity, Tenant is not in default under this Lease (after expiration of any applicable notice and cure period) as of the date Tenant delivers such notice to Landlord or the commencement of the Temporary Extension Term; and (iii) such renewal right is personal to the Original Tenant and any assignee that is an Affiliate of the Original Tenant's entire interest in this Lease pursuant to Section 14.7 of this Lease, and may only be exercised by the Original Tenant or such Affiliate assignee, as the case may be (and not by any other assignee, sublessee or other transferee of Original Tenant's interest in this Lease). If Tenant timely exercises such renewal right, all of the terms and conditions of this Lease shall apply during the Temporary Extension Term, provided, however, that (i) the monthly Base Rent payable by Tenant during the Temporary Extension Term shall be equal to [***] percent ([***]%) of monthly Base Rent applicable during the last rental period of the Lease Term, and (ii) Tenant shall reimburse to Landlord all actual, documented and reasonable legal fees and costs incurred in connection with the documentation of such Temporary Extension Term.
Appears in 3 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 3 contracts
Sources: Office Lease (Pacific Crest Capital Inc), Lease Agreement (Redenvelope Inc), Lease (E Greetings Network)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one two hundred fifty percent (150200%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the fair market rental rate of the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 3 contracts
Sources: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.), Office Lease (PDF Solutions Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent [***] of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the first two (150%2) months of such holdover and thereafter [***] of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other lawful termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting limiting, the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.. ARTICLE 17
Appears in 3 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent twenty-five (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the first one hundred twenty (120) days of any such holdover, and one hundred fifty percent (150%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Artistdirect Inc), Office Lease (Equity Marketing Inc)
Holding Over. If Tenant holds over (directly or through any Transferee or other successor-in-interest of Tenant) remains in possession of the Premises after the expiration or termination of this Lease, Tenant's continued possession shall be on the basis of a tenancy at the sufferance of Landlord. No act or omission by Landlord, other than its specific written consent, shall constitute permission for Tenant to continue in possession of the Lease Term Premises, and if such consent is given or earlier termination thereofdeclared to have been given by a court judgment, Landlord may terminate Tenant's holdover tenancy at any time upon seven (7) days written notice. In such event, Tenant shall continue to comply with or perform all the express or implied consent terms and obligations of LandlordTenant under this Lease, such tenancy except that the monthly Base Rent during Tenant's holding over shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty seventy-five percent (150175%) of the Base Rent applicable during payable in the last rental period full month prior to the termination hereof. Acceptance by Landlord of the Lease Term under rent after such termination shall not constitute a renewal or extension of this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant ; and agreement contained herein. Nothing nothing contained in this Article 16 provision shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit waive Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein right hereunder or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against all Claims arising or resulting directly or indirectly from Tenant's failure to timely surrender the Premises, including (i) any rent payable by or any loss, costs (including reasonable attorneys’ fees) and liability resulting from such failurecost, including, without limiting the generality or damages claimed by any prospective tenant of the foregoingPremises, any claims made and (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises by any succeeding tenant founded upon reason of such failure to timely surrender and any lost profits to Landlord resulting therefromthe Premises.
Appears in 2 contracts
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease or (ii) the fair market rental rate for the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 Section 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoingincluding but not limited to, any claims Claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)
Holding Over. If Tenant holds There shall be no renewal, extension, or reinstatement of this Lease by operation of law. In the event of holding over by Lessee after the expiration or sooner termination of this Lease, with Lessor's acquiescence and without any express agreement of the Lease Term or earlier termination thereofparties, with the express or implied consent of Landlord, such tenancy Lessee shall be from month-to-month onlya tenant at sufferance and all of the terms, covenants, and conditions of this Lease shall not constitute a renewal hereof or an extension be applicable during that period, except that Lessee shall pay Lessor as Base Rent for any further term. If Tenant holds over after the expiration period of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or hold over an extension for any further term. In either case, Base Rent shall be payable at a monthly rate amount equal to one hundred fifty percent (150%) of and one-half times the Base Rent applicable during which would have been payable by Lessee under Paragraph 2.1 hereof, as adjusted in accordance with paragraph 3.1 hereof, had the last rental hold-over period been part of the original Lease Term Term, together with all additional rent due hereunder and together with any other Amount Due under this Lease. Such monthThe rent payable by Lessee during the hold-to-month tenancy or tenancy by over period shall be payable to Lessor on demand. If Lessee holds over as a tenant at sufferance, as the case may be, Lessee shall be subject to every other applicable term, covenant vacate and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of deliver the Premises to Landlord as provided in this Lease Lessor upon demand. In the event Lessee fails to surrender the Premises to Lessor upon expiration or other termination of this Lease. The provisions Lease or of this Article 16 such tenancy at sufferance, then Lessee shall not be deemed to limit indemnify Lessor against any and all loss or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureany delay of Lessee in surrendering the Premises, including, without limiting the generality of the foregoingbut not limited to, any claims made by any succeeding tenant founded upon such failure amounts required to surrender be paid to third parties who were to have occupied the Premises and any lost profits to Landlord resulting therefromreasonable attorneys' fees related thereto.
Appears in 2 contracts
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied written consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the initial two (2) months of such holdover, and (ii) two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon within thirty (30) days following the early termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty twenty five percent (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article Section 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article Section 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base and in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) *** of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with without the express or implied written consent of Landlord, such tenancy shall be from month-to-month onlya tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration , and in such case daily damages in any action to recover possession of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy Premises shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable calculated at a monthly daily rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferanceLease for the first (1st) two (2) months of such holdover, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein(ii) two hundred percent (200%) thereafter plus one hundred percent (100%) of all Additional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender vacate and deliver, and any losses suffered by Landlord, including lost profits profits, resulting from such failure to Landlord resulting therefromvacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.
Appears in 2 contracts
Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance “at-will” only, and shall shalt not constitute a renewal hereof or an extension for any further term. In either case, and in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month“at-to-month will” tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)
Holding Over. If Tenant holds over after Upon the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration term or other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. The provisions If Tenant shall hold over after the expiration of this Article 16 term or other termination of this Lease, such holding over shall not be deemed to limit or constitute be a waiver renewal of any other rights or remedies this Lease but shall be deemed to create a tenancy-at-will and by such holding over Tenant shall be deemed to have agreed to be bound by all of Landlord provided herein or the terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at lawthat time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant fails agrees to pay Landlord’s reasonable attorney’s fees. Tenant shall surrender all keys to the Premises upon to the Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination or expiration of this Lease, provided Tenant restores the Premises in addition a commercially reasonable fashion. Tenant shall, at its expense, remove from the Premises on or prior to any other liabilities to Landlord accruing therefromsuch expiration or earlier termination all furnishings, Tenant shall protect, defend, indemnify fixtures and hold Landlord harmless from all loss, costs equipment situated thereon (including reasonable attorneys’ feesall exterior and interior signs) and liability resulting from such failure, including, without limiting which are not the generality property of the foregoingLandlord, and Tenant shall, at is expense, on or before such expiration or earlier termination, repair any claims made damage caused by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromremoval.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent 125% for the first ninety (90) days and 150%) % thereafter of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the within ninety (90) days following termination or expiration of this LeaseLease (and provided that Landlord has provided Tenant with at least thirty (30) days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease all or a portion of the Premises), in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromtherefrom (provided that Tenant shall have no liability for consequential or indirect damages for such holdover, including claims of a succeeding tenant, until such holdover exceeds thirty (30) days).
Appears in 2 contracts
Sources: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)
Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Lease Term or earlier termination thereof, with without the express or implied prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall be from constitute a month-to-month only, tenancy commencing on the first (1st) day following the termination of this Lease and shall not constitute a renewal hereof terminating thirty (30) days following delivery of written notice of termination by either Landlord or an extension for any further term. If Tenant holds over after to the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further termother . In either caseof such events, Base possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be payable at a monthly rate equal to the greater of (a) one hundred fifty percent (150%) of the Base Basic Rent applicable during for the last month immediately preceding the date of termination or (b) the fair market rental period of for the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawPremises. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition Lease despite demand to any other liabilities to Landlord accruing therefromdo so by Landlord, Tenant shall protect, defend, indemnify and hold Landlord harmless from all lossloss or liability, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon relating to such failure to surrender surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any lost profits to other rights of Landlord resulting therefromunder this Lease or at law.
Appears in 2 contracts
Sources: Lease Agreement (Micrus Endovascular Corp), Lease (Senorx Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofTerm, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Monthly Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease (provided that for the first month of any holdover, Monthly Base Rent will be payable at the rate of 125% of the Monthly Base Rent applicable during the last rental period of the Lease Term under this Lease). Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 26 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 26 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this LeaseLease and if such holdover continues for thirty (30) days after the expiration of the Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any losses suffered by Landlord, including lost profits profits, resulting from such failure to Landlord resulting therefromsurrender.
Appears in 2 contracts
Sources: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)
Holding Over. If Tenant holds over after (directly or through any transferee or other successor -in-interest of Tenant) fails to quit, vacate and surrender exclusive possession of any portion of the Premises upon the expiration or earlier termination of the Lease Term or earlier termination thereof, with in the express or implied consent of Landlordcondition required by this Lease, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration subject to all of the Lease Term of earlier termination thereofterms and conditions hereof; provided, without the express or implied consent of Landlordhowever, that such tenancy shall be deemed to be a tenancy by at sufferance onlyfor the entire Premises, and Tenant shall not constitute a renewal hereof or an extension for any further term. In either case, Base pay Monthly Rent shall be payable at a monthly rate equal to the following: (i) one hundred twenty-five percent (125%) of the Base Rent applicable during the last calendar month of the Lease Term for the first thirty (30) days of holdover and (ii) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period calendar month of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferancethereafter, as plus one hundred percent (100%) of the case may be, shall be subject to every other applicable term, covenant and agreement contained hereinAdditional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of waive any other rights or remedies of Landlord provided herein by Applicable Law. In addition, provided that Landlord has given Tenant no less than thirty (30) days’ prior notice that it has or at law. If Tenant fails intends to surrender enter into a succeeding lease or occupancy agreement for the Premises upon or any portion thereof, if Landlord is unable to deliver possession of the termination Premises or expiration any portion thereof to a new tenant or to perform improvements for a new tenant as a result of this Lease, in addition to any other liabilities to Landlord accruing therefromTenant’s holdover, Tenant shall protectbe liable for all damages, defendincluding lost profits, indemnify and hold that Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality incurs as a result of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromholdover.
Appears in 2 contracts
Sources: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month onlya tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period thirty (30) days of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the expiration or earlier termination or expiration of this Leasethe Lease Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied written consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to (x) one twenty five percent (125%) of the Base Rent applicable during the last rental period of the Lease Term for the first thirty (30) days of such hold over, and (y) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Leasefor each day thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein, including without limitation the obligation to pay Additional Rent. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon on or before thirty (30) days after the expiration or earlier termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and and/or any lost profits and consequential or indirect damages to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease (Aethlon Medical Inc), Lease (Aethlon Medical Inc)
Holding Over. If Tenant holds Subtenant shall hold over after the expiration of the Lease Term or earlier termination thereofterm of this Sublease, with Subtenant shall become a tenant by the express or implied consent month, and, during Subtenant’s period of Landlordunauthorized occupancy, such tenancy Subtenant shall be from month-to-month onlyliable for, and shall not constitute a renewal hereof or an extension pay to Sublandlord, 250% of the monthly installment of Base Rent then in effect for any further term. If Tenant holds over after the month immediately prior to the expiration of the Lease Term Sublease Term, and the amount of earlier termination thereofany Additional Rent payable by Subtenant pursuant to the terms of this Sublease. In addition, without Subtenant shall be liable for, and shall promptly reimburse Sublandlord for all costs incurred by Sublandlord and damages payable to the express or implied consent of Prime Landlord, such tenancy in connection with Subtenant’s holding over to the extent not otherwise recoverable under the preceding sentence. If Sublandlord shall desire to regain possession of the Premises promptly at the expiration of the Sublease Term, as the same may have been extended, then at any time prior to Sublandlord’s acceptance of Rent from Subtenant as a monthly tenant hereunder, Sublandlord, at its option may, forthwith re-enter and take possession of the Premises without process, or by any applicable legal process. For purposes of this paragraph 23, the Subtenant shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) have held over beyond the expiration of the Base Rent applicable during Term of this Sublease if the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject Subtenant has not completed all requisite Decommissioning in conjunction with any governmental licenses issued to every other applicable term, covenant Subtenant in connection with its use and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession occupancy of the Premises to Landlord and all Decontamination as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromsubparagraph 3E hereof.
Appears in 2 contracts
Sources: Sublease, Sublease (Novavax Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable for the first sixty (60) days at a monthly rate equal to one hundred fifty percent (150%) % of the Rent applicable during the last rental period of the Lease Term under this Lease, and thereafter at a monthly rate equal to 200% of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Premises after the expiration or earlier termination of the Lease Term, as required pursuant to the terms of Section 8.5, above, to remove any Alterations or Above Building Standard Tenant Improvements located within the Premises and replace the same with Building Standard Tenant Improvements. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Biomarin Pharmaceutical Inc), Lease Agreement (Biomarin Pharmaceutical Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease and Tenant shall continue to be obligated to pay Tenant’s Share of Operating Expenses and Taxes during such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord Lan dlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon within thirty (30) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Holding Over. If possession of the Premises is not surrendered to Landlord on the Expiration Date or earlier 7 termination of this Lease, then Tenant shall pay to Landlord on account of use and occupancy of the 8 Premises, for each month (or any portion thereof) during which Tenant (or a Person claiming by, through 9 or under Tenant) holds over in the Premises after the expiration Expiration Date, an amount equal to the greater of 10 one and one-half (1.5) times: (i) the aggregate Rental that was payable under this Lease during the last 11 month of the Lease Term Term; and (ii) the then fair market rental value of the Premises plus the monthly Additional 12 Rent that was payable by ▇▇▇▇▇▇ during the last month of the Term. ▇▇▇▇▇▇▇▇'s right to collect such 13 amount from Tenant for use and occupancy shall be in addition to any other rights or remedies that 14 Landlord may have hereunder or at law or in equity. Nothing contained in this Section 23.01 shall permit 15 Tenant to retain possession of the Premises after the Expiration Date, or earlier termination thereofdate, with or limit 16 in any manner ▇▇▇▇▇▇▇▇'s right to regain possession of the express Premises, through summary proceedings or implied consent 17 otherwise. ▇▇▇▇▇▇▇▇'s acceptance of Landlord, such tenancy shall be any payments from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of Expiration Date, or earlier 18 termination thereofdate, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy on account of the amount to be paid by sufferance onlyTenant in accordance with 19 the provisions of this Section 23.01. Tenant expressly waives, for itself and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term person claiming 20 through or under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, any rights that Tenant or any such person may have under the provisions of 21 legal requirements, in connection with any holdover summary proceedings that Landlord may institute to 22 enforce the foregoing provisions of this Article. Tenant shall indemnify, defend and Landlord expressly reserves the right to require Tenant hold harmless 24 without limitation, consequential damages), costs and/or expenses (including, without limitation, 25 attorneys' fees and expenses) resulting from any failure by ▇▇▇▇▇▇ to surrender possession of the Premises to Landlord as provided in the manner 26 and condition required by this Lease upon the expiration of the Term or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, 27 including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding proposed new tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromfailure.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Holding Over. If There shall be no renewal, extension, or reinstatement of this Lease by operation of law. In the event of holding over by Tenant holds over after the expiration or sooner termination of this Lease, without Landlord’s acquiescence and without any express agreement of the Lease Term or earlier termination thereofparties, with the express or implied consent of Landlord, such tenancy Tenant shall be from month-to-month onlya tenant at sufferance and all of the terms, covenants, and conditions of this Lease shall not constitute a renewal hereof or be applicable during that period, except that Tenant shall pay Landlord as Base Rent for the first two (2) months of the period of the hold over an extension for amount equal to one and one-half times the Base Rent which would have been payable by Tenant under Section 2.1 hereof, as adjusted in accordance with Section 3.1 hereof, had the hold-over period been part of the original Lease Term, together with all additional rent due hereunder and together with any further termother Rent under this Lease and thereafter, Tenant shall pay two times the Base Rent which would have been payable by Tenant under Section 2.1 hereof, as adjusted in accordance with Section 3.1 hereof, had the hold-over period been part of the original Lease Term, together with all additional rent due hereunder and together with any other Rent under this Lease. The rent payable by Tenant during the holdover period shall be payable to Landlord on demand. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be as a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable tenant at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, Tenant shall be subject to every other applicable term, covenant vacate and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of deliver the Premises to Landlord as provided in this Lease upon demand. In the event Tenant fails to surrender the Premises to Landlord upon expiration or other termination of this Lease. The provisions Lease or of such tenancy at sufferance, then Tenant shall indemnify Landlord against any and all damages, loss or liability resulting from any delay of Tenant in surrendering the Premises, including, but not limited to, any claim for damages by or amounts required to be paid to third parties who were to have occupied all or any part of the Premises effective upon the expiration or termination of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender Lease plus all the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losslosses, costs (including and expenses, including, without limitation, reasonable attorneys’ fees) and liability resulting from , incurred as a result of such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromholdover.
Appears in 2 contracts
Sources: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%). Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant▇▇▇▇▇▇, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant ▇▇▇▇▇▇ fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom; provided, however, that in no event shall Tenant be liable for consequential damages attributable to the first thirty (30) days of any holding over by ▇▇▇▇▇▇.
Appears in 2 contracts
Sources: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)
Holding Over. If Tenant holds over the Leased Premises are not vacated and surrendered in accordance with this Lease on the expiration or termination of this Lease Agreement, Lessee shall be liable to Authority for (a) all liabilities or losses incurred by Authority in connection with such holdover, including liabilities or losses incurred in connection with any summary proceedings, action or proceeding to recover possession of the Leased Premises from Lessee, and (b) per diem use and occupancy charge in respect of the Leased Premises equal to two (2) times the Annual Base Rent being charged Lessee at the expiration or termination of the Lease, and (c) all damages incurred by Authority in connection with such holdover, including any lost opportunity damages incurred by Authority. If only a portion of the Leased Premises is timely vacated and surrendered, Lessee shall nevertheless remain liable for per diem use and occupancy with respect to the entire Leased Premises, but any reletting proceeds received by Authority during the period of Lessee’s holdover shall be credited against Lessee’s liability for use and occupancy for the entire Leased Premises. In no event shall this Section be construed as permitting Lessee (or other occupants) to remain in possession of the Leased Premises after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 Lessee shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Leaseindemnify, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from Authority against all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims Claims made by any succeeding tenant founded upon tenants to the extent such claims arise by reason of the failure of Lessee timely to vacate and surrender and the Leased Premises (or any lost profits to Landlord resulting therefromportion thereof) in accordance with this Lease. Authority may recover amounts due it under this Section in any summary proceeding and/or any separate action or proceeding.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Holding Over. If Tenant holds over remains in possession after the expiration or termination of the Lease Term with or earlier termination thereofwithout the Landlord’s written consent, with the express or implied consent of LandlordTenant shall become a tenant-at-sufferance, such tenancy and there shall be from month-to-month onlyno renewal or extension of this Lease by operation of law. During the period of any such holding over, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration all provisions of the this Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, remain in effect except that the monthly Base Rent Rental shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) percent of the amount of Base Rent applicable during Rental (including any adjustments as provided herein) payable for the last rental period full calendar month of the Lease Term under this LeaseTerm, including renewals or extensions, for the initial three (3) months of holdover and (ii) from and after the beginning of the fourth (4th) month of holdover two hundred percent (200%) of the amount of Base Rental (including any adjustments as provided herein) payable for the last full calendar month of the Lease Term, including renewals or extensions. Such month-to-month tenancy or tenancy by sufferance, as The inclusion of the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained preceding sentence in this Article 16 Lease shall not be construed as the Landlord’s consent by for Tenant to hold over. Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 Section 28 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant ▇▇▇▇▇▇ fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, any consequential damages and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Heartflow, Inc.), Lease Agreement (Heartflow, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the fair market rental rate of the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease (Turning Point Therapeutics, Inc.), Lease (St Francis Medical Technologies Inc)
Holding Over. 23.1 If Tenant holds over does not immediately surrender the Premises to Landlord upon the expiration or earlier termination of the Lease Term, Landlord and Tenant agree that Tenant's occupancy of the Premises after the expiration or earlier termination of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyupon all the terms and provisions set forth in this Lease except that Tenant shall pay a use and occupancy charge for the Premises during its period of holdover in an amount equal to the higher of (a) the then fair market rent for the Premises, or (b) double the Base Rent, additional rent and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after all other sums payable during the expiration last year of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy Term. Such amounts shall be deemed to be computed on a tenancy by sufferance only, monthly basis and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be due and payable at a monthly rate equal to one hundred fifty percent (150%) on the first day of such holdover period and on the Base Rent applicable first day of each calendar month thereafter during the last rental such holdover period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of until the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawhave been vacated. If Tenant fails to surrender the Premises upon the expiration or earlier termination or expiration of this Leasethe Lease Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all losslosses, costs (including reasonable attorneys’ ' fees) ), claims, damages and liability liabilities resulting from such failure, including, without limiting the generality of the foregoinglimitation, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. Nothing contained in this Article shall (i) be construed as consent by Landlord to any holding over by Tenant, (ii) be deemed to permit Tenant to retain possession of the Premises after the expiration or earlier termination of the Lease Term, or (iii) limit in any manner Landlord's right to regain possession of the Premises through eviction or otherwise, or any other rights or remedies of Landlord, including, without limitation, the right to collect damages. No acceptance by Landlord of payments from Tenant after the expiration or earlier termination of the Lease Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the terms of this Article. The terms of this Article shall survive the expiration or earlier termination of the Lease Term.
Appears in 2 contracts
Sources: Lease Agreement (Smith & Wollensky Restaurant Group Inc), Lease Agreement (New York Restaurant Group Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant▇▇▇▇▇▇, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant ▇▇▇▇▇▇ fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord and Tenant may agree, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant holds remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to (x) 125% of Rent in effect during the last 30 days of the Term (payable on a per diem basis) for the first 60 days that Tenant is a tenant at sufferance (y) 150% of Rent in effect during the last 30 days of the Term, commencing upon the 61st day that Tenant is a tenant at sufferance, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and this Lease shall not constitute result in a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination reinstatement of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Elan Corp PLC), Lease Agreement (Prothena Corp PLC)
Holding Over. If Tenant holds Should Tenant, without Landlord’s written consent, hold over after the expiration termination of this Lease, Tenant shall become a tenant at sufferance upon each and all of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, terms herein provided as may be applicable to such a tenancy shall be from month-to-month only, and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during rate in effect for the last rental period month of the Term of this Lease Term under this Lease. Such month-or one hundred fifty percent (150%) of Landlord’s then asking rate for comparable space in the Project, whichever is greater, in addition to-month tenancy or tenancy , and not in lieu of, all other payments required to be made by sufferance, as the case may be, shall be subject Tenant hereunder including but not limited to every other applicable term, covenant and agreement contained hereinTenant’s Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney’s fees and costs.
Appears in 2 contracts
Sources: Standard Office Lease, Standard Office Lease (Nexsan Corp)
Holding Over. If Tenant holds over shall pay Landlord for each day Tenant retains irregular possession (“Hold Over”) of the Premises or any part thereof after termination of this Lease, as provided for hereunder, by lapse of time or otherwise, or of Tenant’s right to possession of the Premises, an amount which is one and a half the amount of Monthly Rent for the first 30-day period in which such possession occurs, and double the amount of Monthly Rent for any period thereafter, calculated as though such period were within the Term, and Tenant shall also be responsible for all other obligations under this lease during any Hold Over period. Nothing contained in this section shall be construed or operate as a waiver of Landlord’s right of re-entry or any other right or remedy of Landlord. No payments of money by Tenant to Landlord after the Term shall reinstate, continue or extend the Term and no extension of this Term shall be valid unless it is otherwise agreed in writing and signed by Landlord and except as provided by Article 27 herein, Tenant hereby waives the provisions contained in Article 1762, 1763 and 1764 of the Civil Code for the State of Tamaulipas (the “Code”) and the provisions contained in Articles 1813 and 1814 of the Code regarding the waiver of the right to extend the Lease beyond the Lease Term and the waiver of the right to continue with the Lease for an indefinite period of time after the expiration of the Lease Term or earlier termination thereofTerm. Furthermore, with the express or implied consent Tenant will indemnify and hold harmless Landlord against all damages, costs, losses, liabilities, claims and expenses, including attorneys’ fees, which Landlord incurs on account of Landlord, such tenancy shall be from month-to-month only, Tenant’s failure to vacate and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement, Industrial Building Lease Agreement (Entorian Technologies Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofof the Term hereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy Tenant shall become and be deemed to be only a tenancy by tenant at sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate daily rent equal to one one-thirtieth of the greater of (a) the then prevailing monthly fair market rental rate as determined by Landlord in its sole and absolute discretion, or (b) two hundred fifty percent (150200%) of the monthly installment of Base Rent applicable during (and estimated Additional Rent payable under Paragraph 3.2) payable by Tenant immediately prior to such expiration or termination, and otherwise upon the last rental period terms, covenants and conditions herein specified, so far as applicable, as reasonably determined by Landlord. Neither any provision hereof nor any acceptance by Landlord of any Rent after any such expiration or earlier termination (including, without limitation, through any "lockbox") shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Lease Term under this LeaseTerm, or any waiver of any of Landlord's rights or remedies with respect to such holdover. Such month-to-month tenancy or tenancy by sufferance, as Notwithstanding any provision to the case may be, shall be subject to every other applicable term, covenant and agreement contrary contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration of the Term or other upon the earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein hereof or at law. If any time during any holdover, and the right to assert any remedy at law or in equity to evict Tenant fails to surrender the Premises upon the termination or expiration of this Leaseand collect damages in connection with any such holdover, in addition to any other liabilities to Landlord accruing therefrom, and (ii) Tenant shall protectindemnify, defend, indemnify defend and hold Landlord harmless from and against any and all lossclaims, demands, actions, proceedings, losses, damages, liabilities, obligations, penalties, costs (including reasonable attorneys’ fees) and liability resulting from such failureexpenses, including, without limiting the generality limitation, all lost profits and other consequential damages, attorneys' fees, consultants' fees and court costs incurred or suffered by or asserted against Landlord by reason of the foregoing, any claims made by any succeeding tenant founded upon such Tenant's failure to surrender and any lost profits to Landlord resulting therefromthe Premises on the expiration or earlier termination of this Lease in accordance with the provisions of this Lease.
Appears in 2 contracts
Sources: Office Lease (E Comnetrix Inc), Office Lease (Account4 Com Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%A) the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the then fair market value applicable to the Premises as reasonably determined by Landlord, and (B) a percentage equal to (i) one hundred fifty percent (150%) during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and (ii) two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied written consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and in such case Tenant shall not constitute a renewal hereof or an extension for any further term. In either case, pay Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, without the express written consent of Landlord, Tenant shall be a tenant at sufferance only, for the entire Premises upon all of the terms and conditions of this Lease as might be applicable to such tenancy; provided, however, that, as liquidated damages and not as a penalty, Tenant shall pay Base Rent at a monthly rate equal to the greater of (a) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease; or (b) the then Market Rate (as defined in Article 31 below) for the Premises. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoing, any claims Claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Netgear, Inc), Office Lease (KBS Real Estate Investment Trust II, Inc.)
Holding Over. If Tenant holds over after will, at the expiration of this Lease Agreement, whether by lapse of time or termination, give up immediate possession to Landlord. If Tenant fails to give up possession the Lease Term Landlord may, at its option, serve written notice upon Tenant that such holdover constitutes any one of (i) creation of a month‑to‑month tenancy, or earlier termination thereof(ii) creation of a tenancy at sufferance. If Landlord does not give said notice, with Tenant’s holdover shall create a tenancy at sufferance. In any such event the express or implied consent of Landlord, such tenancy shall be from month-to-month onlyupon the terms and conditions of this Lease Agreement, and except that the Minimum Rental shall not constitute be double the Minimum Rental Tenant was obligated to pay Landlord under this Lease Agreement immediately prior to termination (in the case of tenancy at sufferance such Minimum Rental shall be prorated on the basis of a renewal hereof or an extension 365 day year for each day Tenant remains in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be required prior to commencement of any further term. If Tenant holds over after the expiration legal action to gain repossession of the Lease Term Premises. In the case of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, Tenant shall be subject also pay to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent Landlord all damages sustained by Landlord to any holding over resulting from retention of possession by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 paragraph shall not be deemed to limit or constitute a waiver by Landlord of any other rights right of re‑entry as otherwise available to Landlord; nor shall receipt of any rent or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality act in apparent affirmance of the foregoing, any claims made tenancy operate as a waiver of the right to terminate this Lease Agreement for a breach by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromTenant hereof.
Appears in 2 contracts
Sources: Lease Agreement (Mathstar Inc), Standard Office Lease Agreement (Mathstar Inc)
Holding Over. If Tenant holds over after fails to vacate the expiration Premises at the end of the Lease Term or earlier termination thereofTerm, with the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month onlya tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over: (a) Tenant shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after pay, in addition to the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either caseother Rent, Base Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable payable during the last rental period month of the Lease Term under this Lease. Such month-to-for the first thirty (30) days of holdover, and (ii) two hundred percent (200%) of the Base Rent payable during the last month tenancy or tenancy by sufferance, as of the case may be, Term for any holdover period thereafter; and (b) Tenant shall otherwise continue to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by all of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of ’s obligations under this Lease. The provisions of this Article 16 Section 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLaw. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the foregoing, if Tenant holds over with Landlord’s express written consent, then Tenant shall be a month-to-month tenant and Tenant shall pay, in addition to the other Rent, Base Rent equal to one hundred twenty five percent (125%) of the Base Rent payable during the last month of the Term.
Appears in 2 contracts
Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease (VistaGen Therapeutics, Inc.), Lease (Compugen LTD)
Holding Over. If Tenant holds over after agrees that if the Premises is not surrendered to Landlord on or before the expiration or earlier termination of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereofTerm, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by at sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, and in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150%) of 125% the Base Rent applicable during immediately before the last rental period expiration or earlier termination of the Lease Term under this LeaseTerm. Such month-to-month tenancy or tenancy by sufferance, as the case may be, at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 Lease, including this Section 2.04, shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender retaining possession of the Premises to Landlord as provided in this Lease upon after the expiration or other earlier termination of this Lease. The the Lease Term and no acceptance by Landlord of payments from Tenant after the expiration or earlier termination of the Lease Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 16 Section 2.04, which provisions shall not be deemed to limit survive the expiration or constitute a waiver earlier termination of any other rights or remedies of Landlord provided herein or at lawthe Lease Term. If Tenant fails to surrender the Premises upon the expiration or earlier termination or expiration of this Leasethe Lease Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold harmless Landlord harmless (and Landlord’s members, managers, partners, and shareholders, as applicable, and the affiliates, employees, agents, and contractors of Landlord and its members, managers, partners, and shareholders, as applicable) from all losslosses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (MJ Holdings, Inc.), Lease Agreement (MJ Holdings, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%) during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant ▇▇▇▇▇▇ holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) % of the Base Rent applicable during the last rental period month of the Lease Term under this Lease, prorated on a daily basis for each day of holdover. Such month-month- to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant ▇▇▇▇▇▇ fails to surrender the Premises upon within thirty (30) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease (Septerna, Inc.), Lease (Septerna, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease for the first two (2) months following the expiration or earlier termination of this Lease, and two hundred percent (200%) thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)
Holding Over. If Tenant holds over possession of the Premises after the expiration of the term of this Lease Term or earlier termination thereofwith Landlord’s written consent, with the express or implied consent of Landlord, such tenancy shall be Tenant will become a tenant from month-to-month onlyupon the terms specified herein, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall except that Rent will be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Leasein effect immediately prior to such expiration. Such month-to-month tenancy may be terminated by either Landlord or tenancy Tenant by sufferancegiving sixty (60) days written notice of termination to the other. If Tenant holds over without Landlord’s written consent, as the case may be, Tenant shall be subject a tenant at sufferance. In such event, Tenant shall pay Rent equal to every other applicable term, covenant and agreement contained hereintwo hundred percent (200%) of the Rent payable during the last month of the Term. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require If Tenant (a) fails to surrender possession of the Premises within thirty (30) days after either Tenant or Landlord have terminated the month to Landlord as provided in this Lease upon the expiration month tenancy; or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If (b) if Tenant fails to surrender the Premises upon within thirty (30) days after receipt of a notice to quit if Tenant is a tenant at sufferance; or (c) if Tenant fails to surrender the termination or Premises within thirty (30) days after the expiration of this Lease, in addition Lease whether it be an expiration or an earlier expiration due to any other liabilities to Landlord accruing therefromdefault (time being of the essence), Tenant shall protectbe liable to Landlord for all losses, defendcosts, indemnify liabilities and damages which Landlord may incur by reason thereof, including, without limitation, reasonable attorneys’ fees, and Tenant shall indemnify, defend and hold Landlord harmless from against all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such occupant against Landlord or otherwise arising out of or resulting from the failure of Tenant to timely surrender and any lost profits to Landlord resulting therefromvacate the Premises in accordance with the provisions of this Lease.
Appears in 2 contracts
Holding Over. If Tenant holds over after At the expiration of the Lease Term Term, Tenant shall surrender the Premises in substantially the same condition as existed upon delivery of possession thereof to Tenant, reasonable wear and tear, damage by fire or earlier termination thereofother casualty or condemnation, maintenance, repairs and replacements which Landlord is required to make hereunder, and damage caused by Landlord, its employees, agents, representatives and contractors or due to Landlord’s failure to perform its obligations hereunder, excepted, and otherwise in the condition required by the other terms of this Lease. If Tenant shall hold over in the Premises after expiration of the Term, Tenant’s hold over, whether or not with the express consent or implied consent acquiescence of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be that of a tenancy by at sufferance onlyand in no event from month to month or from year to year, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, it shall be subject to every other all of the terms, covenants and conditions of this Lease applicable termthereto, covenant except Rent, and agreement contained herein. Nothing contained in no extension or renewal of this Article 16 Lease shall be construed as consent deemed to have occurred by such holding over. The Rent for any such holdover period shall be 150% of the amount of Rent immediately prior to the expiration of the Term, in advance and without deduction or offset. Tenant shall indemnify Landlord against all claims for damages by any other tenant to whom Landlord may have leased all or any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession part of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises effective upon the termination or expiration of this Lease, in addition to any and for all other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losslosses, costs (and expenses, including reasonable attorneys’ fees) and liability resulting from , incurred by reason of such failure, including, without limiting the generality holding over. Nothing contained in this Section 12.20 or this Lease shall be construed as a grant of Landlord’s permission for Tenant to remain in possession of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.Premises after the expiration of this Lease without the execution of a new Lease. INDUSTRIAL LEASE
Appears in 2 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Us Concrete Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to (i) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease for the first (1st) two (2) months of such holdover, and (ii) two hundred percent (200%) thereafter plus one hundred percent (100%) of all Additional Rent. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed Unless otherwise agreed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent writing by Landlord to any holding over by and Tenant, and Landlord expressly reserves the right to require if Tenant to surrender retains possession of the Premises to Landlord as provided in this Lease upon or any part thereof after the expiration or other earlier termination of this Lease, Tenant shall pay Landlord Rent at 150% of the monthly rate in effect immediately prior to the termination of the Term for the time Tenant thus remains in possession and, in addition thereto, Tenant shall pay Landlord for all damages, consequential as well as direct, sustained by reason of Tenant's retention of possession. The provisions of this Article 16 10 do not exclude Landlord's rights of re-entry or any other right hereunder. No such holding over shall not be deemed to limit or constitute a waiver renewal or extension of any other the Term hereof and Landlord will retain all rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender re-enter the Premises upon from and after the expiration or earlier termination or expiration of this Lease. Further, in addition from and after the date that Landlord has provided written notice to Tenant that Landlord desires possession of the Premises, effective at any other liabilities time on or after the expiration or termination of this Lease (but not earlier than thirty (30) days following the provision of such notice), to either (i) prepare the same for the possession thereof by a new tenant or (ii) to provide possession of the same to a new tenant, Tenant will be liable to Landlord accruing therefromfor all consequential damages suffered by Landlord as a result of Tenant's continuing occupancy of the Premises, Tenant shall protect, defend, indemnify and hold Landlord harmless including without limitation damages arising from all lossincreased costs to prepare the Premises (or any part thereof) more quickly for such new tenant, costs (including reasonable attorneys’ fees) for concessions to such new tenant arising from delayed occupancy, damages for which Landlord is liable to such new tenant as a result of Landlord's inability to deliver the Premises as and liability resulting from such failure, including, without limiting the generality of the foregoing, when required under any claims made by any succeeding tenant founded upon such failure to surrender new agreement and any lost profits rental or other consideration, any tenant improvements completed or Realtor fees owed, from a lease that is terminated by a tenant due to the inability of Landlord resulting therefromto deliver the Premises to such new tenant as provided in a written lease with such tenant for occupancy of the Premises or any part thereof.
Appears in 2 contracts
Sources: Office Lease (Education Lending Group Inc), Office Lease (Education Lending Group Inc)
Holding Over. If Tenant holds over after the expiration Time is of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration essence of the Lease Term Tenant’s obligation to vacate the Premises upon the termination of earlier termination thereofthe Lease. Unless Landlord expressly agrees otherwise in writing, without the express or implied consent of Landlord, such tenancy Tenant shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to pay Landlord one hundred fifty percent (150%) of the Base amount of Rent applicable payable by Tenant during the last rental period month of the Lease Term under this Lease. Such month-to-month tenancy prorated on a per diem basis for each day Tenant shall fail to vacate or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the or any part thereof after expiration or other earlier termination of this Lease, together with all damages sustained by Landlord on account thereof. Tenant shall pay such amounts on demand, and, in the absence of demand, monthly in advance. The foregoing provisions, and Landlord’s acceptance of any such amounts, shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain a tenant-at-sufferance bound to comply with all provisions of this Article 16 Lease). Landlord shall not be deemed to limit have the right at any time after expiration or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the earlier termination or expiration of this Lease, in addition or Tenant’s right to any possession, to reenter and possess the Premises and remove all property and persons therefrom, and Landlord shall have such other liabilities remedies for holdover as may be available to Landlord accruing therefromunder other provisions of this Lease or applicable Laws. The foregoing provisions of this Section 23 notwithstanding, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs have the right to holdover for two (including reasonable attorneys’ fees2) and liability resulting from such failure, including, without limiting months beyond the generality end of the foregoing, any claims made by any succeeding tenant founded Lease Term at its then current Rent upon such failure to surrender and any lost profits written notice to Landlord resulting therefromgiven at least three (3) months prior to the end of the Lease Term; provided, however, that thereafter Tenant shall have no right to occupy the Premises and the other provisions of this Section 23 shall then apply.
Appears in 2 contracts
Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed Nothing contained herein is to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal construed to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves give Subtenant the right to require Tenant hold over any time, and Sublandlord and Primary Landlord may exercise any and all remedies at law or in equity to recover possession of the Subleased Premises and damages resulting from any such holding over. Subtenant agrees that if Subtenant fails to surrender possession of the Subleased Premises to Landlord as provided in this Lease upon at the expiration end of the Sublease Term (or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender earlier date that the Premises upon the termination or expiration of this LeaseSublease Term has been terminated), then, in addition to any other liabilities of Sublandlord's rights and remedies, Subtenant will be liable to Sublandlord and Primary Landlord accruing therefromfor any and all losses, Tenant shall protect, defend, indemnify damages and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from expenses that Sublandlord suffers or incurs as a result of such failure, including, without failure to surrender possession. Without limiting the generality of the foregoing, Subtenant shall indemnify, defend (by counsel acceptable to Sublandlord) and hold Sublandlord harmless from any claims made and all losses, damages and expenses suffered or incurred by Sublandlord resulting from Sublandlord's inability to deliver possession of the Subleased Premises (or any portion thereof) to any possible succeeding tenant founded upon such (or to Primary Landlord as required under the Prime Lease), which inability results from Subtenant's failure to surrender possession of the Subleased Premises as required herein. Such indemnification shall be in addition to any other right or remedy available to Sublandlord under this Sublease or applicable law in the case of any holding over of the Subleased Premises beyond the expiration or earlier termination of the Sublease Term and shall survive any lost profits to Landlord resulting therefromtermination of this Sublease.
Appears in 2 contracts
Sources: Sublease Agreement (Privatebancorp Inc), Sublease Agreement (Privatebancorp Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) 150%. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to (i) for the first (1st) month of any such holdover, the same Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) thereafter, one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs costs, expenses, damages and liabilities (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Retail Lease (KBS Real Estate Investment Trust II, Inc.), Office Lease (KBS Real Estate Investment Trust II, Inc.)
Holding Over. If Tenant holds over after Upon the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration term or other termination of this Lease, Tenant shall quit and surrender the Premises to Landlord, broom clean, in good order and condition, ordinary wear and tear excepted and Tenant shall remove from the Premises all of its property. The provisions If Tenant shall hold over after the expiration of this Article 16 term or other termination of this Lease, such holding over shall not be deemed to limit or constitute be a waiver renewal of any other rights or remedies this Lease but shall be deemed to create a tenancy-at-will and by such holding over Tenant shall be deemed to have agreed to be bound by all of Landlord provided herein or the terms and conditions of this Lease except those as to the term hereof, and except that during such tenancy-at-will, Tenant shall pay One Hundred Fifty Percent (150.0%) of all monthly rentals due at lawthat time including Monthly Base Rent, CAM, and Impositions. If any rent or other sum owing under this Lease is collected by or through an attorney-at-law, Tenant fails agrees to pay Landlord's reasonable attorney's fees. Tenant shall surrender all keys to the Premises upon to the Landlord at the place then fixed for the payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises, provided, however, Tenant may, at its option, remove any vault in the Premises at the termination or expiration of this Lease, provided Tenant restores the Premises in addition a commercially reasonable fashion. Tenant shall, at its expense, remove from the Premises on or prior to any other liabilities to Landlord accruing therefromsuch expiration or earlier termination all furnishings, Tenant shall protect, defend, indemnify fixtures and hold Landlord harmless from all loss, costs equipment situated thereon (including reasonable attorneys’ feesall exterior and interior signs) and liability resulting from such failure, including, without limiting which are not the generality property of the foregoingLandlord, and Tenant shall, at is expense, on or before such expiration or earlier termination, repair any claims made damage caused by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromremoval.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)
Holding Over. If Tenant holds Should Tenant, without Landlord's written consent, hold over after the expiration termination of this Lease, Tenant shall become a tenant at sufferance upon each and all of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, terms herein provided as may be applicable to such a tenancy shall be from month-to-month only, and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during rate in effect for the last rental period month of the Lease Term under of this Lease. Such month-, in addition to-month tenancy or tenancy , and not in lieu of, all other payments required to be made by sufferance, as the case may be, shall be subject Tenant hereunder including but not limited to every other applicable term, covenant and agreement contained hereinTenant's Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Tenant fails to surrender the Premises upon the expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney's fees and costs.
Appears in 2 contracts
Sources: Standard Office Lease (Auriga Laboratories, Inc.), Office Lease (Mitek Systems Inc)
Holding Over. If Tenant holds over after (a) On the expiration last day of the Lease Term or on the earlier termination thereofof the Term, Tenant shall peaceably and quietly leave, surrender and deliver the Premises to Owner, together with: (i) all Alterations; and (ii) except for Tenant's property (which Tenant may remove at its own cost and expense), all fixtures and articles of personal property of any kind or nature which Tenant may have installed or affixed on, in, or to the Premises for use in connection with the express or implied consent operation and maintenance of Landlordthe Premises (unless Owner shall have notified Tenant that it was to remove same at the time it consented to the installation thereof pursuant to Section 10, such tenancy shall above), all of the foregoing to be from month-to-month onlysurrendered in good, substantial and sufficient repair, order and condition, reasonable use, wear and tear, and damage by fire or other casualty, excepted, and free of occupants and subtenants.
(b) Tenant shall not constitute a renewal hereof pay or an extension for cause to be paid the cost of repairing or remedying any further term. If Tenant holds over after damage caused by the expiration removal of its property, provided that no item of Tenant's property may be removed if its removal would impair the structural integrity of the Lease Term of earlier termination thereof, without the express Building or implied consent of Landlord, such tenancy Building's equipment. All property not so removed shall be deemed to abandoned and may either be a tenancy retained by sufferance onlyOwner as its property or disposed of, without accountability, at Tenant's sole cost, expense and shall not constitute a renewal hereof or an extension for any further term. In either caserisk, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent in such manner as Owner may see fit.
(150%c) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of If the Premises to Landlord as provided are not surrendered in accordance with the provisions of this Lease Section upon the expiration or other termination of this Lease. The provisions of this Article 16 , Owner shall not be deemed to limit have all rights given at law or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Leasein equity, in addition the case of holdovers, to remove Tenant and anyone claiming through or under Tenant. In any other liabilities to Landlord accruing therefromevent, Tenant shall protectand does hereby indemnify Owner against all loss or liability arising from delay by Tenant in so surrendering the Premises, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant tenants founded upon on such failure delay. Tenant expressly waives, for itself and for any person claiming through or under Tenant (including creditors), any rights which Tenant or any such person may have under the provisions of any law in connection with any holdover summary proceedings which Owner may institute to surrender enforce the provisions of this Section. Tenant's obligations under this Section shall survive the expiration or termination of this Lease.
(d) Tenant acknowledges the importance to Owner that possession of the Premises be surrendered at the expiration or sooner termination of this Lease. In the event that Tenant fails to vacate the Premises at the expiration or sooner termination of this Lease, Tenant shall be obligated to pay Owner damages in an amount equal to twice the annual Fixed Rent and any lost profits to Landlord resulting therefromAdditional Rent provided for on the day preceding the Expiration Date for such period of time that Tenant holds over on a per diem basis.
Appears in 2 contracts
Sources: Lease Agreement (Surge Components Inc), Lease Agreement (Surge Components Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent two (150%2) of times the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Forge Global Holdings, Inc.), Office Lease (Corgentech Inc)
Holding Over. If Tenant holds over after fails to vacate the expiration Premises at the end of the Lease Term or earlier termination thereofTerm, with the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month onlya tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after pay, in addition to the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either caseother Rent, Base Rent shall be payable at a monthly rate equal to the greater of i) one hundred fifty percent (150%) of the Base Rent applicable payable during the last rental period month of the Lease Term under this Lease. Such month-to-month tenancy or tenancy ii) the then prevailing Market Asking Rate for Class A Space in Redwood Shores as published by sufferancelocal area commercial real estate brokerages (as applicable, as the case may be“Holdover Rate”), and Tenant shall otherwise continue to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by all of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of ’s obligations under this Lease. The provisions of this Article 16 Section 21 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLaw. If Tenant fails to surrender the Premises upon the termination or expiration of this LeaseIF TENANT FAILS TO SURRENDER THE PREMISES UPON THE TERMINATION OR EXPIRATION OF THIS LEASE (EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE), in addition to any other liabilities to Landlord accruing therefromIN ADDITION TO ANY OTHER LIABILITIES TO LANDLORD ACCRUING THEREFROM, Tenant shall protectTENANT SHALL PROTECT, defendDEFEND, indemnify and hold Landlord harmless from all lossINDEMNIFY AND HOLD LANDLORD HARMLESS FROM ALL LOSS, costs COSTS (including reasonable attorneysINCLUDING REASONABLE ATTORNEYS’ feesFEES) and liability resulting from such failureAND LIABILITY RESULTING FROM SUCH FAILURE, includingINCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT FOUNDED UPON SUCH FAILURE TO SURRENDER, without limiting the generality of AND ANY LOST PROFITS TO LANDLORD RESULTING THEREFROM. Notwithstanding the foregoing, any claims made by any succeeding if Tenant remains in the Premises at the end of the Term with the written consent of Landlord, then Tenant shall be a month-to-month tenant founded upon such failure at the Holdover Rate, and Tenant shall otherwise continue to surrender and any lost profits be subject to Landlord resulting therefromall of Tenant’s obligations under this Lease.
Appears in 2 contracts
Sources: Sublease (Corcept Therapeutics Inc), Lease Agreement (Zuora Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofTerm, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150125%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this LeaseLease or (ii) the fair market rental rate for the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any losses suffered by Landlord, including lost profits profits, resulting from such failure to Landlord resulting therefromsurrender.
Appears in 2 contracts
Sources: Office Lease (Intralase Corp), Office Lease (Advanced Medical Optics Inc)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to one hundred fifty percent (150%). Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom; provided, however, upon entering into a third party lease which affects all or any portion of the Premises, Landlord shall deliver written notice (the “New Lease Notice”) of such lease to Tenant and the terms of the foregoing indemnity shall not be effective until the later of (i) the date that occurs thirty (30) days following the date Landlord delivers such New Lease Notice to Tenant, and (ii) the date which occurs thirty (30) days after the termination or expiration of this Lease.
Appears in 2 contracts
Sources: Office Lease (SERVICE-NOW.COM), Office Lease (Volcano Corp)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent the product of (150%i) of the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) a percentage equal to 150% during the first two (2) months immediately following the expiration or earlier termination of the Lease Term, and 200% thereafter. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofTerm, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty twenty-five percent (150125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant▇▇▇▇▇▇, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant acknowledges that if ▇▇▇▇▇▇ holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if ▇▇▇▇▇▇ fails to surrender the Premises upon within ten (10) days following the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to losses suffered by Landlord resulting therefromfrom such failure to surrender; provided, however, that in no event shall Tenant’s indemnity obligation extend to consequential, punitive, exemplary or special damages, or any damages which are not proximately caused by ▇▇▇▇▇▇’s failure to timely surrender the Premises.
Appears in 2 contracts
Sources: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)
Holding Over. If Tenant holds over after the expiration of the Lease Term or earlier termination thereofhereof, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease, and (ii) the fair market rental rate of the Premises as of the commencement of such holdover period. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant ▇▇▇▇▇▇ fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall shall, to the extent permitted by applicable law, protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease (Sionna Therapeutics, Inc.), Lease (Sionna Therapeutics, Inc.)
Holding Over. If Tenant holds over after fails to vacate the Premises at expiration of the Lease Term or earlier termination thereofof the Term, with the express or implied consent of Landlord, such tenancy then Tenant shall be from month-to-month onlya tenant at sufferance as to such space and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall not constitute pay, in addition to the other Rent, holdover rent (on a renewal hereof or an extension per diem basis) for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate Premises equal to one hundred fifty percent (150%) 125% of each of the Base Rent applicable and Tenant’s Pro Rata Share of Operating Expenses payable during the last rental period month of the Lease Term under this Lease. Such month-to-for the first thirty (30) days of any such holdover and, if such holdover continues for more than 30 days, then such holdover rent (on a per diem basis) after the initial 30 days shall be equal to 150% of each of the Base Rent and Tenant’s Pro Rata Share of Operating Expenses payable during the last month tenancy or tenancy by sufferanceof the Term, as the case may be, and (b) Tenant shall otherwise continue to be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by all of Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of ’s obligations under this Lease. The provisions of this Article 16 Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawlaw or a consent by Landlord to any holding over by Tenant and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term or upon the earlier termination hereof and to assert any remedy in law or equity to evict Tenant and/or collect damages (direct, indirect and/or consequential) in connection with such holding over. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord the Indemnified Parties harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, including any claims made by any succeeding tenant lessees founded upon such failure to surrender surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
Holding Over. If Tenant holds over Sublessee remains in possession of all or any part of the Subleased Premises after expiration or termination of this Sublease or if the term of the Master Lease expires or the Master Lease is terminated, and Sublessee fails to surrender all or any part of the Subleased Premises upon the date of such expiration or earlier termination of the Master Lease, possession of the Subleased Premises after such expiration or termination shall be unlawful and shall entitle Sublessor to immediate recovery of possession by summary proceedings as well as any and all damages resulting therefrom. Such unlawful possession further shall be subject to all of the terms and provisions of this Sublease except that Sublessee shall be responsible for the payment of an amount (on a per month basis without reduction for any partial months during the holdover) equal to two hundred percent (200%) of the Rent due for the period immediately preceding the holdover. No holdover by Sublessee or payment by Sublessee after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 Sublease shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves extend the right to require Tenant to surrender Term or prevent Sublessor from immediate recovery of possession of the Subleased Premises by summary proceedings or otherwise. If Sublessor, as a result of Sublessee’s holdover (a) is unable to deliver possession of the Subleased Premises to Landlord as provided a new subtenant, (b) is unable to perform improvements for a new subtenant or (c) otherwise is harmed or incurs costs, Sublessee shall be liable for any and all damages that Sublessor suffers from such holdover, whether in this Lease upon law or equity, including, but not limited to, liability and losses incurred by Sublessor with respect to the expiration or other termination of this Leasenew subtenant. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, Section 11 are in addition to and do not affect Sublessor’s rights of reentry or any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality rights of the foregoing, any claims made Sublessor hereunder or as otherwise provided by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromlaw.
Appears in 2 contracts
Holding Over. If, after expiration of the Term, Tenant remains in possession of the Premises, Landlord may, at its option, serve notice upon Tenant that such hold over constitutes either: (a) a month-to-month tenancy upon all the provisions of this Lease (except as to Term and Base Rent); or (b) a tenancy at sufferance. If Landlord does not give said notice, Tenant’s hold over shall create a tenancy at sufferance, subjecting Tenant holds to all the covenants and obligations of this Lease. In either event, the monthly installments of Base Rent shall be increased to one hundred twenty-five percent (125%) of the monthly installments of Base Rent in effect at the expiration of the Term and, if such hold over continues past the date that is three (3) months after the expiration of the Lease Term or earlier termination thereofTerm, with the express or implied consent monthly installments of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal increased to one hundred fifty percent (150%) of the Base Rent applicable during in effect at the last rental period expiration of the Lease Term under this LeaseTerm. Such If a month-to-month tenancy or is created, either party may terminate such tenancy by sufferance, as giving the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession party at least thirty (30) days advance notice of the Premises to Landlord as provided in this Lease upon the expiration or other termination date of this Leasetermination. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this LeaseAdditionally, in addition to any other liabilities to Landlord accruing therefrom, if Tenant shall hold over without the consent of Landlord, then Tenant shall also protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability Claims resulting from such failureretention of possession by Tenant, including, without limiting the generality of the foregoing, any claims Claims made by any succeeding tenant founded upon such failure to surrender and any lost rents and profits to Landlord resulting therefrom. The provisions of this Article shall not constitute a waiver by Landlord of any right of re-entry as otherwise available to Landlord, nor shall receipt of any rent or any other act appearing to affirm the tenancy operate as a waiver of the right to terminate this Lease for a breach by Tenant hereof.
Appears in 2 contracts
Sources: Office Lease (Shockwave Medical, Inc.), Office Lease (ShockWave Medical, Inc.)
Holding Over. If Tenant T▇▇▇▇▇ holds over after the expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant T▇▇▇▇▇ holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by TenantT▇▇▇▇▇, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant T▇▇▇▇▇ fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ ' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Surrozen, Inc./De), Lease Agreement (Five Prime Therapeutics Inc)
Holding Over. If Tenant holds over after the expiration shall pay Landlord for each day Tenant retains possession of the Premises or part of them after termination of this Lease Term by lapse of time or earlier termination thereof, with otherwise at the express or implied consent of Landlord, such tenancy rate ("Holdover Rate") which shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (One Hundred Fifty Percent ( 150%) of the Base Minimum Monthly Rent applicable during for the last rental period prior to the date of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferancesuch termination plus Tenant's Proportionate Share of Operating Costs, as the case may beReal Estate Taxes and Insurance, shall be subject to every other applicable termprorated on a daily basis, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent also pay all actual damages sustained by Landlord by reason of such retention. If Landlord gives notice to any Tenant of Landlord's election to such effect, such holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession shall constitute renewal of the Premises to Landlord as provided in this Lease upon for a period from month to month at the expiration or other termination Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of this Lease. The provisions of this Article 16 any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall not be deemed to limit have been created. In any event, no provision of this Section 33.2 shall be deemed to waive Landlord's right of reentry or constitute a waiver of any other rights or remedies of Landlord provided herein right under this Lease or at law. If Additionally, in the event that upon termination of the Lease, Tenant fails has not fulfilled its obligation with respect to surrender repairs and cleanup of the Leased Premises upon the termination or expiration of any other Tenant obligations as set forth in this Lease, in addition then Landlord shall have the right to perform any other liabilities to Landlord accruing therefromsuch obligations as it deems necessary at Tenant's sole cost and expense, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits time required by Landlord to Landlord resulting therefromcomplete such obligations shall be considered a period of holding over and the terms of this section shall apply.
Appears in 2 contracts
Sources: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Holding Over. If Tenant holds Should Tenant, without Landlord's written consent, hold over after the expiration termination of this Lease, Tenant shall become a tenant at sufferance upon each and all of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, terms herein provided as may be applicable to such a tenancy shall be from month-to-month only, and any such holding over shall not constitute a renewal hereof or an extension for any further termof this Lease. If During such holding over, Tenant holds over after the expiration of the Lease Term of earlier termination thereofshall pay in advance, without the express or implied consent of Landlordmonthly, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable Basic Rental at a monthly rate equal to one hundred fifty percent (150%) [***] of the Base Rent applicable during rate in effect for the last rental period month of the Lease Term under of this Lease. Such month-, in addition to-month tenancy or tenancy , and not in lieu of, all other payments required to be made by sufferance, as the case may be, shall be subject Tenant hereunder including but not limited to every other applicable term, covenant and agreement contained hereinTenant's Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 16 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other earlier termination of this Lease. The provisions of this Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Term. If Landlord provides Tenant with at least thirty (30) days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, and if Tenant fails to surrender the Premises upon the later of (i) the date of expiration of such thirty (30) day period, or (ii) the date of expiration or termination or expiration of this Lease, in addition Tenant agrees to any other liabilities to Landlord accruing therefromindemnify, Tenant shall protect, defend, indemnify defend and hold Landlord harmless from all costs, loss, costs (expense or liability, including reasonable attorneys’ fees) and liability resulting from such failurewithout limitation, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefromreal estate brokers claims and attorney's fees and costs.
Appears in 2 contracts
Sources: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Holding Over. If Tenant holds There shall be no renewal, extension, or reinstatement of this Lease by operation of law. In the event of holding over by Lessee after the expiration or sooner termination of this Lease, with Lessor's acquiescence and without any express agreement of the Lease Term or earlier termination thereofparties, with the express or implied consent of Landlord, such tenancy Lessee shall be from month-to-month onlya tenant at sufferance and all of the terms, covenants, and conditions of this Lease shall not constitute a renewal hereof or an extension be applicable during that period, except that Lessee shall pay Lessor as Base Rent for any further term. If Tenant holds over after the expiration period of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or hold over an extension for any further term. In either case, Base Rent shall be payable at a monthly rate amount equal to one hundred fifty percent (150%) of and one-half times the Base Rent applicable during which would have been payable by Lessee under Paragraph 2.1 hereof, had the last rental hold-over period been part of the original Lease Term Term, together with all additional rent due hereunder and together with any other Amount Due under this Lease. Such monthThe rent payable by Lessee during the hold-to-month tenancy or tenancy by over period shall be payable to Lessor on demand. If Lessee holds over as a tenant at sufferance, as the case may be, Lessee shall be subject to every other applicable term, covenant vacate and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of deliver the Premises to Landlord as provided in this Lease Lessor upon demand. In the event Lessee fails to surrender the Premises to Lessor upon expiration or other termination of this Lease. The provisions Lease or of this Article 16 such tenancy at sufferance, then Lessee shall not be deemed to limit indemnify Lessor against any and all loss or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failureany delay of Lessee in surrendering the Premises, including, without limiting the generality of the foregoingbut not limited to, any claims made by any succeeding tenant founded upon such failure amounts required to surrender be paid to third parties who were to have occupied the Premises and any lost profits to Landlord resulting therefromattorneys' fees related thereto.
Appears in 2 contracts
Sources: Lease (SQL Financials International Inc /De), Sublease (Towne Services Inc)
Holding Over. If In the event Tenant holds over remains in possession of any part of the Premises after the expiration of the tenancy created hereunder, without Landlord’s written consent, Tenant shall be considered a hold-over tenant subject to all of the conditions of this Lease insofar as the same are applicable to a hold-over tenant, except that the Monthly Installment of Annual Base Rent payable by Tenant shall be an amount equal to 150% of the Annual Base Rent and Additional Rent paid by Tenant during the last month of the Term or earlier termination thereofany Extended Term allowed hereunder. Notwithstanding anything to the contrary contained herein, with during any hold-over tenancy, Tenant shall vacate the express or implied consent Premises within ten (10) clays of receipt of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term’s written notice (“Holdover Notice To Vacate”). If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either case, Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy or tenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained remains in this Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises after the Holdover Notice To Vacate without the execution of a new lease, it shall be occupying the Premises as a tenant at sufferance, subject to Landlord as provided in all of the conditions of this Lease upon insofar as the expiration or other termination of this Lease. The provisions of this Article 16 shall not be deemed same are applicable to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or tenant at law. If Tenant fails to surrender sufferance, except that the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, monthly rent payable by Tenant shall protect, defend, be an amount equal to 200% of the Annual Base Rent and Additional Rent paid by Tenant during the last month of the Term or any Extended Term allowed hereunder. Tenant shall indemnify and hold Landlord harmless from and against all lossclaims, liabilities, damages, costs (or expenses, including reasonable attorneys’ feesfees and costs of defending the same, incurred by Landlord and arising from Tenant’s failure to timely surrender the Premises, including (i) and liability resulting from such failureany rent payable by or any loss, includingcost, without limiting the generality or damages, including lost profits, proven by any prospective tenant of the foregoingPremises, any claims made and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises by any succeeding tenant founded upon reason of such failure to timely surrender and any lost profits the Premises. Nothing contained herein shall limit Landlord’s right to Landlord resulting therefromevict Tenant as allowed under Minnesota law.
Appears in 2 contracts
Sources: Office Lease (DiaMedica Therapeutics Inc.), Office Lease (DiaMedica Therapeutics Inc.)