Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Freenome Holdings, Inc.), Lease Agreement (Freenome Holdings, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonand, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, : (a) Tenant shall pay pay, in addition to the other Rent, Base Rent equal to the greater of: (1) one hundred fifty percent (150% %) of the Base Rent payable during the last month of the Term, or (2) one hundred fifty percent (150%) of the prevailing rental rate in the Building for similar space; and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this 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. In If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, or any earlier termination of Tenant’s right to possession of the Premises, 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 resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the payment of the amounts provided aboveforegoing, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenantholds over with Landlord’s holdoverexpress written consent, then Tenant shall be liable a month-to-month tenant and Tenant shall pay, in addition to Landlord for all damagesthe other Rent, including, without limitation, consequential damages, that Landlord suffers from Base Rent equal to one hundred twenty-five percent (125%) of the holdover. The provisions Base Rent payable during the last month of this Section 22 shall survive any expiration or earlier termination of this Leasethe Term.
Appears in 2 contracts
Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a tenant at sufferance whether or not monthly rate (prorated for partial months) 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 tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Holding Over. If No holding over by Tenant fails shall operate to vacate the Premises at the end of extend the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while . If Tenant remains in possession of the Premises following the after expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease: (i) Tenant shall become a tenant at sufferance upon all the applicable terms and conditions of this Lease, except that Base Rent shall be increased to equal the greater of (A) one hundred fifty percent (150%) of the Base Rent then in effect or (B) one hundred fifty percent (150%) of the fair market rent for the Premises, as determined by Landlord in good faith; (ii) Tenant shall indemnify, defend, protect and hold harmless Landlord, the other Indemnitees, and any tenant to whom Landlord has leased all or part of the Premises, from Claims (including loss of rent to Landlord or additional rent payable by such tenant and reasonable attorneys’ fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant’s failure timely to vacate the Premises; and (iii) such holding over by Tenant shall constitute an Event of Default. Landlord’s acceptance of Rent if and after Tenant holds over shall not convert Tenant’s tenancy at sufferance to any other form of tenancy or result in a renewal or extension of the Tel of this Lease, unless otherwise specified by notice from Landlord to Tenant.
Appears in 2 contracts
Sources: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)
Holding Over. If Tenant fails Time is of the essence of the Tenant’s obligation to vacate the Premises at upon the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the TermLease. If Unless Landlord expressly agrees otherwise in writing, Tenant shall retain pay Landlord one hundred fifty percent (150%) of the amount of Rent payable by Tenant during the last month of the Lease Term prorated on a per diem basis for each day Tenant shall fail to vacate or surrender possession of the Premises or any portion part thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or 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 Lease). Landlord shall have the right at any time after expiration or earlier termination of this Lease, or Tenant’s right to possession, to reenter and possess the Premises and remove all property and persons therefrom, and Landlord shall have such other remedies for holdover as may be available to Landlord under other provisions of this Lease or applicable Laws. The foregoing provisions of this Section 23 notwithstanding, Tenant shall have the right to holdover for two (2) months beyond the end of the Lease Term at its then current Rent upon written notice to Landlord given 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 fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a tenant at sufferance whether or not monthly rate (prorated for partial months) 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 tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇If T▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Lease (Freenome Holdings, Inc.), Lease (Freenome Holdings, Inc.)
Holding Over. If Tenant fails shall pay to vacate the Premises at the end Landlord an amount as base monthly rental equal to 200% of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession base monthly rental herein provided during each month of the Premises following the expiration or earlier termination of the Term. If portion thereof for which Tenant shall retain possession of the Leased Premises or any portion part thereof without Landlord’s consent following after the expiration of the term or of Tenant's right of possession, whether by lapse of time or otherwise, and also shall pay all damages sustained by Landlord, whether direct or consequential, on account thereof. Such hold over shall be as a tenant at will and all of the terms and provisions of this Lease shall be applicable during such period. No holding over by Tenant, whether with or sooner termination for any reasonwithout consent of Landlord, then in addition shall operate to all other damages and remedies to which Landlord extend this Lease except as may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Leaseherein provided. The provisions of this Section 22 clause shall not be deemed to limit held as a waiver by Landlord of any right of re-entry, or constitute any other right of Landlord as provided under this Lease; nor shall the receipt of said payment or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver of the right to forfeit this Lease and the Term hereby granted for the period still unexpired, for any breach of any of the covenants herein or any other of Landlord's rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leasehereunder.
Appears in 2 contracts
Sources: Industrial Lease Agreement (Aderis Pharmaceuticals Inc), Industrial Lease Agreement (Aderis Pharmaceuticals Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not 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 shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Holding Over. If Tenant fails to vacate Any holding over after the Premises at the end expiration of the Term, then Tenant term hereof or of any renewal term with the prior written consent of Landlord shall be construed to be a tenant at sufferance whether or not tenancy from month to month except that Basic Annual Rent shall be increased to an amount equal to 125% of the then Basic Annual Rent plus, and in addition to the Basic Annual Rent, all other sums of money as shall become due and payable by Tenant to Landlord accepts under this Lease and on the terms herein specified so far as possible. Such month-to-month tenancy shall be subject to every other term, covenant, and agreement contained in this Lease. Nothing contained in this Section 17.2 shall be construed as consent by Landlord to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Leased Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Termthis Lease. If Landlord has delivered to Tenant shall retain possession notice of the Premises or any portion thereof without Landlord’s consent following the expiration a termination of this Lease or sooner termination for any reasona month-to-month holdover and Tenant continues to holdover thereafter, then in addition to all any other damages and remedies liabilities to which Landlord may be entitled for such holding overaccruing therefrom, (a) Tenant shall pay 150% of the Rent payable during the last month of the Termprotect, defend, indemnify and hold Landlord harmless from all loss, costs (bincluding reasonable attorneys’ fees) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damagesliability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Healthequity Inc), Lease Agreement (Healthequity Inc)
Holding Over. If Tenant fails holds over after the expiration of the Lease Term hereof, 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, and in such case Base Rent shall be payable at a monthly rate equal to vacate 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 or (ii) the fair market rental rate for the Premises at the end as of the Term, then Tenant commencement of such holdover period. Such month-to-month tenancy shall be a tenant at sufferance whether or not subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, 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 (Abaxis Inc), Lease Agreement (Abaxis Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant without the express or implied consent of Landlord, such tenancy shall be deemed a tenant tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not a monthly rate equal to *** of the Rent applicable during the last rental period of the Lease Term under this Lease. Such tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonand, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, : (a) Tenant shall pay 150% pay, in addition to the other Rent, Base Rent equal to the greater of: (1) two hundred percent (200%) of the Base Rent payable during the last month of the Term, or (2) one hundred fifty percent (150%) of the prevailing rental rate in the Building for similar space; and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination 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 any and all loss, costs (including reasonable attorneys’ fees, disbursements and court costs) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to 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 (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be a tenant tenancy at sufferance whether only, and shall not constitute a renewal hereof or not an extension for any further term, 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 Term under this Lease. Such tenancy shall be subject to every other term and provision contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord in the condition required herein upon the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeaseLease and Tenant is notified in writing that the Premises must be timely surrendered for Landlord to accommodate the needs of a succeeding tenant, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, 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, Lease Agreement (Restoration Robotics Inc)
Holding Over. If Tenant fails to vacate the Premises at the end of the TermIf, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s with written consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that by L▇▇▇▇▇▇▇, T▇▇▇▇▇ has entered into a lease for holds possession of the Premises or has received after expiration of the term of this Lease, Tenant shall become a bona fide offer tenant from month to lease month under this Lease, but the PremisesBase Rent during such month to month tenancy shall be equal to one hundred twenty five percent (125%) of the Base Rent in effect at the expiration of the term of this Lease. Landlord and Tenant each shall have the right to terminate such month to month tenancy by giving at least thirty (30) days’ written notice of termination to the other at any time, and that Landlord will be unable to deliver possessionin which event such tenancy shall terminate on the termination date set forth in such termination notice. If, or perform improvementswithout written consent by Landlord, due to Tenant’s holdoverT▇▇▇▇▇ holds possession of the Premises after expiration of the term of this Lease, then such continued occupancy shall be deemed an unconsented to holdover tenancy and a tenancy at sufferance for which Landlord shall have all rights and remedies at law and in equity; and as a cumulative remedy and not as a definitive measure of Landlord’s damages, Tenant shall be liable for an amount equal to one hundred fifty percent (150%) of the Base Rent in effect during the final month of the now expired term, such liability accruing for each day of such holding over until exclusive possession is restored to Landlord with the Premises in the condition to which they were required to have been kept and maintained and in the condition for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions surrender of this Section 22 shall survive any expiration or earlier termination of possession as required by this Lease.
Appears in 2 contracts
Sources: Industrial Lease (Amrep Corp.), Industrial Lease (Amrep Corp.)
Holding Over. If Unless Landlord expressly agrees otherwise in writing, Tenant fails shall pay Landlord 150% of the amount of Rent then applicable prorated on a per diem basis for each day Tenant shall fail to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain surrender possession of the Premises or any portion part thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeaseLease as required under Article 24 (the "Holdover Rent"). In the event that Tenant shall fail to vacate or surrender possession of the Premises or any part thereof for more than thirty (30) days after expiration or earlier termination of this Lease as required under Article 24, then, in addition to Holdover Rent, Tenant shall be liable for all damages (direct and consequential) 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 Lease until Tenant properly vacates the Premises, and shall be subject to the provisions of Article 24). Landlord shall have the right at any time after expiration or earlier termination of this Lease or Tenant's right to possession to reenter and possess the Premises and remove all property and persons therefrom, and Landlord shall have such other remedies for holdover as may be available to Landlord under other provisions of this Lease or applicable Laws.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (TherapeuticsMD, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not 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. Such tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not a monthly rate equal to two (2) times the Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Forge Global Holdings, Inc.), Office Lease (Corgentech Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant without the express or implied consent of Landlord, such tenancy shall be deemed a tenant tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not a monthly rate equal to the Rent applicable during the last rental period of the Lease Term under this Lease multiplied by 150%. Such tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen forty-five (1545) days after following the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration Lease Term or earlier termination thereof, with or without the express or implied consent of the Term. If Tenant Landlord, such tenancy shall retain possession of the Premises be from month-to-month only, and shall not constitute a renewal hereof or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination an extension for any reasonfurther term, then and in addition such case Rent shall be payable at a monthly rate equal to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable applicable during the last month rental period of the Term, and (b) Tenant Lease Term under this Lease. Such month-to-month tenancy shall otherwise continue to be subject to all 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 Tenant’s obligations under the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not 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. Such month-to-month tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
Holding Over. If Unless Landlord expressly agrees otherwise in writing, Tenant fails shall pay Landlord one hundred fifty hundred percent (150%) of the amount of Rent then applicable prorated on a per diem basis for each day Tenant shall fail to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain surrender possession of the Premises or any portion part thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, together with all damages sustained by Landlord on account thereof. Notwithstanding the foregoing, provided that Tenant does not hold over in the Premises for more than one (1) month, Landlord hereby waives the right to proceed against Tenant for any claims made by any succeeding tenant, any lost profits and any other consequential damages relating to or arising from such one (1) month period. 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 Lease). Landlord shall have the right at any time after expiration or earlier termination of this Lease, or Tenant’s right to possession, to reenter and possess the Premises and, except as expressly provided above regarding the waiver of Landlord’s right to proceed against Tenant for certain claims during the initial one (1) month period of holdover, Landlord shall have such other remedies for holdover as may be available to Landlord under other provisions of this Lease pursuant to applicable Laws.
Appears in 2 contracts
Sources: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonand, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, : (a) Tenant shall pay 150% pay, in addition to the other Rent, Base Rent equal to the greater of: (1) two hundred percent (200%) of the Base Rent payable during the last month of the Term, or (2) one hundred fifty percent (150%) of the prevailing rental rate in the Building for similar space; and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this 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. In 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 any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the payment of the amounts provided aboveforegoing, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenantholds over with Landlord’s holdoverexpress written consent, then Tenant shall be liable a month-to-month tenant and Tenant shall pay, in addition to Landlord for all damagesthe other Rent, including, without limitation, consequential damages, that Landlord suffers from Base Rent equal to one hundred twenty-five percent (125%) of the holdover. The provisions Base Rent payable during the last month of this Section 22 shall survive any expiration or earlier termination of this Leasethe Term.
Appears in 2 contracts
Sources: Industrial Lease Agreement (Parametric Sound Corp), Office Lease Agreement
Holding Over. If In the event Tenant fails to vacate remains in possession of the Premises after the expiration of the term hereof, or of any renewal term, with Landlord's written consent, Tenant shall be a tenant at will and such tenancy shall be subject to all provisions hereof, except that the monthly rental shall be at the end higher of double the monthly Base Rent payable hereunder upon such expiration of the TermTerm hereof, or of any renewal term, or double the then current fair market rental value of the Premises as the same would be adjusted pursuant to the provision of Section 3 hereof. In the event Tenant remains in possession of the Premises after the expiration of the Term hereof, or any renewal term, without Landlord's written consent, Tenant shall be a tenant at sufferance whether or not Landlord accepts and may be evicted by landlord without any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If notice, but Tenant shall retain possession of be obligated to pay rent for such period that Tenant holds over without written consent at the Premises or any portion thereof without Landlord’s consent following same rate provided in the expiration of this Lease or sooner termination previous sentence and shall also be liable for any reason, then in addition to and all other damages and remedies to which Landlord may be entitled for suffers as a result of such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, holdover including, without limitation, consequential damages, that Landlord suffers from the holdoverloss of a prospective tenant for such space. The provisions There shall be no renewal of this Lease by operation of law or otherwise, Nothing in this Section 22 shall survive be construed as a consent by Landlord for any holding over by Tenant after the expiration of the Term hereof, or earlier termination of this Leaseany renewal term.
Appears in 2 contracts
Sources: Lease Agreement (KnowBe4, Inc.), Lease Agreement (KnowBe4, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration Lease Term or earlier termination thereof, with or without the express or implied consent of the Term. If Tenant Landlord, such tenancy shall retain possession of the Premises be from month-to-month only, and shall not constitute a renewal hereof or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination an extension for any reasonfurther term, then and in addition such case Rent shall be payable at a monthly rate equal to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable applicable during the last month rental period of the Term, and (b) Tenant Lease Term under this Lease. Such month-to-month tenancy shall otherwise continue to be subject to all 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 ▇▇▇▇▇▇, and Landlord expressly reserves the right to require Tenant to surrender possession of Tenant’s obligations under the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following or any part thereof after the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof Term hereof without Landlord’s consent following the expiration of this Lease written consent, such occupancy shall at Landlord’s election be a daily tenancy at sufferance or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Termas a trespasser, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from use and occupancy charges on a daily basis equal to the holdover. The provisions greater of (a) one hundred fifty percent (150%) of the Basic Rent payable immediately preceding the expiration or termination date of this Section 22 Lease or (b) one hundred twenty-five percent (125%) of the fair market rental value for the Premises as of the date Tenant holds over, plus in either case all other amounts otherwise payable by Tenant under this Lease as though it continued in effect. Nothing contained herein shall survive any be construed to constitute Landlord’s consent to Tenant holding over at the expiration or earlier termination of the Term of this Lease. In addition to the foregoing, Tenant hereby agrees to indemnify, hold harmless and defend Landlord from any cost, loss, claim or liability (including without limitation attorneys’ fees) Landlord may incur as a result of Tenant’s failure to surrender possession of the Premises to Landlord upon the termination of this Lease.
Appears in 2 contracts
Sources: Lease (Converted Organics Inc.), Lease (Converted Organics Inc.)
Holding Over. If Tenant fails to vacate Any holding over after the Premises at the end expiration of the Term, then Tenant term hereof or of any renewal term with or without the prior written consent of Landlord shall be construed to be a tenant tenancy at sufferance whether or not except that Basic Annual Rent shall be increased to an amount equal to 125% of the then Basic Annual Rent plus, and in addition to the Basic Annual Rent, all other sums of money as shall become due and payable by Tenant to Landlord accepts under this Lease and on the terms herein specified so far as possible. Such tenancy at sufferance shall be subject to every other term, covenant, and agreement contained in this Lease. Nothing contained in this Section 17.2 shall be construed as consent by Landlord to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Leased Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 17.2 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Leased Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Weave Communications, Inc.), Lease Agreement (Weave Communications, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not 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 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 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermTerm or earlier termination thereof, then Tenant with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred twenty five percent (125%) of the Rent applicable during the last rental period of the Term under this Lease. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Section 16 shall be construed as consent by Landlord accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 2 contracts
Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonsufferance, then and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay pay, in addition to the other Rent, Basic Rent equal to one hundred fifty percent (150% %) of the Basic Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition Law, including, but not limited to the payment right to recover any reasonably foreseeable damages that Landlord may incur as a consequence of the amounts provided above, if Tenant fails Tenant’s failure to vacate the Premises within fifteen upon expiration or termination of this Lease; provided, that Tenant shall not be responsible for payment of consequential damages to Landlord or for any penalties payable by Landlord as a result of Landlord’s failure to deliver the Premises to a replacement tenant unless Tenant has received at least sixty (1560) days after written notice from Landlord notifies Tenant that L▇▇▇▇▇▇▇ it has entered into a lease for committed or intends to commit to deliver the Premises (or has received a bona fide offer portion thereof) to lease the Premises, a replacement tenant by a specified date and that Landlord will be unable to deliver possession, or perform improvements, due to incur damages should Tenant’s holdover, then Tenant shall be liable holdover prevent Landlord from delivering the Premises to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration replacement tenant on or earlier termination of this Leasebefore the committed date.
Appears in 1 contract
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant as it may be extended in accordance herewith, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred twenty-five percent (125%) of the Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Holding Over. If Unless Landlord expressly agrees otherwise in writing, Tenant fails to vacate the Premises at the end shall pay Landlord 200% of the Termamount of Rent then applicable (or the highest amount permitted by Law, then Tenant whichever shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If less) prorated on per diem basis for each day Tenant shall retain possession of the Premises or any portion part thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, together with all damages sustained by Landlord on account thereof. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises, and shall be subject to the provisions of Article 13). Notwithstanding the foregoing to the contrary, at any time before or after expiration or earlier termination of the Lease, Landlord may serve notice advising Tenant of the amount of Rent and other terms required, should Tenant desire to enter a month-to-month tenancy (and if Tenant shall hold over more than one full calendar month after such notice, Tenant shall thereafter be deemed a month-to-month tenant, on the terms and provisions of this Lease then in effect, as modified by Landlord's notice, and except that Tenant shall not be entitled to any renewal or expansion rights contained in this Lease or any amendments hereto).
Appears in 1 contract
Holding Over. If Tenant Lessee fails to vacate the Premises at the end of the TermTern, then Tenant Lessee shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonwill and, then in addition to all other damages and remedies to which Landlord Lessor may be entitled for such holding hold over, Lessee shall pay, in addition to the other rent, a daily Basic Rent equal to the greater of (a) Tenant shall pay one hundred fifty percent (150% %) of the daily Basic Rent payable during the last month of the TermTern, and or (b) Tenant one hundred twenty-five percent (125%) of the prevailing rental rate in the Building for similar space. If Lessee fails to surrender the Premises upon Termination or Expiration of the Lease, in addition to any other liabilities to Lessor accruing therefrom, Lessee shall otherwise continue protect, defend, indemnify and hold Lessor harmless from all loss, costs, (including reasonable attorney's 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 be subject surrender, and any lost profits to all of Tenant’s obligations under this LeaseLessor resulting therefrom. The provisions of this Section 22 above conditions shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided to Lessor herein or at law. In addition to the payment If Lessee, with Lessor's consent, remains in possession of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease any part thereof after the Premisesexpiration of the term hereof, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant such occupancy shall be liable a tenancy from month to Landlord for month upon all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination Lease pertaining to the obligations of Lessee, but all options and rights of first refusal, if any, granted under the terms of this LeaseLease shall be deemed terminated and be of no further effect during said month to month tenancy.
Appears in 1 contract
Sources: Assignment of Lease Agreement (Progressive Training, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following or any part thereof after the expiration or earlier termination of the Lease Term. If Tenant , such occupancy shall retain possession of be a tenancy from month-to-month upon all the Premises or any portion thereof without Landlord’s consent following the expiration provisions of this Lease or sooner termination for any reason, then in addition pertaining to all other damages and remedies to which Landlord may be entitled for such holding over, (a) the obligations of Tenant. Tenant shall pay thereby waive its rights of notice to quit, but Tenant's right as to any Renewal Term shall terminate. The monthly rent due during such hold-over period shall be equal to 150% of the Minimum Monthly Rent payable during the last month of the Termthen in effect, and (b) Tenant shall otherwise continue to be subject obligated to pay all Additional Rent and other amounts required to be paid by the terms of Tenant’s obligations under this Lease. The provisions Notwithstanding the foregoing, in the event that Landlord and Tenant are engaged in good faith negotiations for a new lease at the expiration or termination of this Section 22 the Lease Term, Tenant's continuing possession shall not be deemed constitute holding over for so long as such negotiations continue. However, Landlord shall, in its sole discretion have the right to limit or constitute a waiver of any other rights or remedies of notify Tenant in writing, that Landlord provided herein or at law. In addition elects to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen terminate such negotiations Thirty (1530) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for Tenant's receipt of such notice the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, monthly rent due to Tenant’s holdover, then Tenant thereafter shall be liable equal to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from 150% of the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeaseMinimum Monthly Rent then in effect.
Appears in 1 contract
Sources: Assignment and Assumption of Lease Agreement (Aei Income & Growth Fund 25 LLC)
Holding Over. Upon the expiration or earlier termination of this Sublease, Tenant agrees to vacate and deliver the Subleased Premises, and all keys thereto, to Landlord, unless Tenant continues in possession of the Subleased Premises under a direct lease between Tenant and Master Landlord. If Tenant fails to does not vacate the Subleased Premises at upon the end expiration or earlier termination of this Sublease, and Tenant is not then entitled to be in possession of the TermSubleased Premises pursuant to a direct lease between Tenant and Master Landlord, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession for the holdover period and all of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration terms and provisions of this Lease or sooner termination Sublease shall be applicable during that period, except that the Base Rent for any reason, then in addition the period of such holdover shall be an amount equal to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Base Rent which would have been payable during by Tenant had the last month holdover period been a part of the Termoriginal term of this Sublease. No holding over by Tenant, and (b) whether with or without the consent of Landlord, shall operate to extend the term of this Sublease. Tenant shall otherwise continue to be subject to indemnify Landlord against all claims made by Master Landlord or any tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition the Subleased Premises to the payment of Master Landlord or such other tenant or prospective tenant, to the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to extent caused by holding over by Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Sublease (JMP Group Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following 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 (i) [***] in effect during the last thirty (30) days of the Term, plus (ii) Tenant’s Share of Operating Expenses, plus (iii) all other amounts payable by Tenant under this Lease, and (b) if such holdover continues for more than thirty (30) days, Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by ▇▇▇▇▇▇’s holding over including, without limitation, consequential damages; provided, however, that if ▇▇▇▇▇▇ delivers written inquiry to Landlord within thirty (30) days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. If 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 Net Laboratory 9625 Towne Centre/Capricor - Page 10 construed as consent for Tenant shall to retain possession of the Premises or any portion thereof without Landlord’s consent following Premises. Acceptance by Landlord of Rent after the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease..
Appears in 1 contract
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration Term or earlier termination thereof, with or without the express or implied consent of the Term. If Tenant Landlord, such tenancy shall retain possession of the Premises be from month-to- month only, and shall not constitute a renewal hereof or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination an extension for any reasonfurther term, then and in addition such case Rent shall be payable at a monthly rate equal to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable applicable during the last month rental period of the Term, and (b) Tenant Term under this Lease. Such month-to-month tenancy shall otherwise continue to be subject to all 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 Tenant’s obligations under the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant (with an executed lease) founded upon such failure to surrender and any actual, that substantiated lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease (Barbeques Galore LTD)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following holds over after the expiration or earlier termination of the Term. If Term hereof without the express written consent of Landlord, Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonbecome a Tenant at sufferance, then in addition at an Annual Basic Rent equal to all other damages and remedies to which Landlord may be entitled for such holding over, one hundred fifty percent (a150%) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Landlord of TenantRent after such expiration or earlier termination without Landlord’s obligations under this Leaseprior written consent shall not waive Landlord’s right to evict Tenant without thirty (30) days prior written notice. The foregoing provisions of this Section 22 shall Article 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises expiration or has received a bona fide offer to lease the Premisesearlier termination of this Lease, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to indemnify, defend and hold Landlord for harmless from all damagesClaims, including, without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender, lost profits and other consequential damages, that and any and all attorneys’ fees and costs incurred by Landlord suffers from in connection Tenant’s failure to surrender the holdover. The Premises in accordance with the provisions of this Section 22 shall survive any Lease on the expiration or earlier termination of this Lease.
Appears in 1 contract
Holding Over. If Tenant fails to vacate Any holding over after the Premises at the end expiration of the Term, then Tenant term hereof or of any renewal term with the prior written consent of Landlord shall be construed to be a tenant at sufferance whether or not tenancy from month to month except that Basic Annual Rent shall be increased to an amount equal to 125% of the then Basic Annual Rent plus, and in addition to the Basic Annual Rent, all other sums of money as shall become due and payable by Tenant to Landlord accepts under this Lease and on the terms herein specified so far as possible. Such month-to-month tenancy shall be subject to every other term, covenant, and agreement contained in this Lease. Nothing contained in this Section 17.2 shall be construed as consent by Landlord to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Leased Premises following to Landlord as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease. If Landlord has delivered to Tenant notice of a termination of a month-to-month holdover and Tenant continues to holdover thereafter, 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, 38 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 1 contract
Sources: Lease Agreement (Healthequity Inc)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonand, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, : (a) Tenant shall pay pay, in addition to the other Rent, Base Rent equal to one hundred fifty percent (150% %) of the Base Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 27 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLaw. In 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 indemnify, defend and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the payment of the amounts provided aboveforegoing, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenantholds over with Landlord’s holdoverexpress written consent, then Tenant shall be liable a month-to-month tenant and Tenant shall pay, in addition to Landlord for all damagesthe other Rent, including, without limitation, consequential damages, that Landlord suffers from Base Rent equal to one hundred twenty-five percent (125%) of the holdover. The provisions Base Rent payable during the last month of this Section 22 shall survive any expiration or earlier termination of this Leasethe Term.
Appears in 1 contract
Sources: Sublease (Model N, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end (directly or through any Transferee or other successor-in-interest of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant Tenant) remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition and/or fails to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s satisfy its surrender obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided Paragraph 20.1, above, if Tenant fails to vacate after the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with and perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant’s holding over shall be one hundred fifty percent (150%) of the Monthly Base Rent payable in the last full month prior to the expiration or termination hereof. Acceptance by Landlord of rent after such expiration or termination shall not constitute a renewal of this Lease; and nothing contained in this provision shall be deemed to waive Landlord’s right of reentry or any other right hereunder or at law. Tenant shall 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, cost, or damages claimed by any prospective tenant of the Premises, 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 reason of such failure to timely surrender the Premises.
Appears in 1 contract
Sources: Lease Agreement (eHealth, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not 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 shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, and Landlord has provided Tenant with notice of a pending tenancy, then in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify, and hold Landlord harmless from all Claims resulting from such failure.
Appears in 1 contract
Holding Over. If In the event that the Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or does not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession surrender all of the Premises following to Landlord upon the expiration or earlier termination of this Lease, Tenant shall pay, as a use and occupation charge during such “hold- over” period, a monthly amount equal to the sum of (i) two times the Base Rent being due and payable during the last month of the Term. If Tenant shall retain possession , plus (ii) one-twelfth of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages Additional Rent being due and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to on all the other terms and conditions of Tenant’s obligations under this Lease. The provisions of this This Section 22 shall not be deemed construed as Landlord’s permission for Tenant to limit hold over. Acceptance of Rent by Landlord following expiration or termination shall not constitute a waiver renewal of any other rights this Lease or remedies of Landlord provided herein or at law. In addition to the payment extension of the amounts provided Term except as specifically set forth above, if . If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any upon expiration or earlier termination of this Lease, Tenant shall, to the fullest extent permitted by law, indemnify and hold Landlord harmless from and against all Losses resulting from or arising out of Tenant’s failure to surrender the Premises and continued use, occupancy and possession thereof, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or earlier termination of this Lease and any related attorneys’ fees and brokerage commissions.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Farmmi, Inc.)
Holding Over. Section 34.01. If Tenant holds over after the Term of this Lease, and fails to vacate the Premises after the expiration or sooner termination of this Lease for any cause or after Tenant's right to occupy the same ceases, thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease, such tenancy shall be a tenancy in sufferance terminable immediately by Landlord upon notice to Tenant, and Tenant shall be liable to Landlord for Fixed Rent at two (2) times the monthly installment of Fixed Rent as provided in this Lease for the last month of the Term hereunder in addition to all other Additional Rent items and all other charges required herein, up until the day possession of the Premises is surrendered to Landlord. If the Premises are not surrendered at the end of the Term, then Tenant shall be a responsible to Landlord for all damages which Landlord shall suffer by reason thereof, and Tenant hereby indemnifies Landlord against all claims made by any succeeding tenant at sufferance whether and any real estate broker(s) against Landlord, resulting from delay or not inability of Landlord accepts any rent from Tenant or any other person while Tenant remains in to deliver possession of the Premises following the expiration to such succeeding tenant. The acceptance of any form of Rent, Additional Rent or earlier termination of the Term. If other payments by Landlord from Tenant shall retain possession of the Premises not create any new or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all additional tenancy other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leasethan as aforestated.
Appears in 1 contract
Sources: Lease Agreement (Comtech Telecommunications Corp /De/)
Holding Over. If Tenant fails to vacate the Premises at the end (directly or through any Transferee or other successor-in-interest of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant Tenant) remains in possession of the Premises following after the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with and perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant’s holding over shall be one hundred fifty percent (150%) of the Monthly Base Rent payable in the last full month prior to the expiration or termination hereof. Acceptance by Landlord of rent after such expiration or termination shall not constitute a renewal of this Lease; and nothing contained in this provision shall be deemed to waive Landlord’s right of reentry or any other right hereunder or at law. Tenant shall 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, cost, or damages claimed by any prospective tenant of the Premises, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or delaying the commencement of rent payable thereunder by reason of Tenant’s failure to timely surrender the Premises.
Appears in 1 contract
Sources: Lease Agreement (Verigy Ltd.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following or any part thereof after the expiration of the Term, whether with or without Landlord’s acquiescence, Tenant shall be deemed only a tenant at will and there shall be no renewal of this Lease without a written agreement signed by both parties specifying such renewal. The “monthly” rent payable by Tenant during any such tenancy at will period shall be one hundred fifty percent (150%) of the monthly installments of Annual Rent payable during the final Lease Year immediately preceding such expiration. Tenant shall also remain liable for any and all damages, direct and consequential, suffered by Landlord as a result of any holdover without Landlord’s unequivocal written acquiescence. Nothing contained in this Section 31 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 earlier termination of the Term. If Tenant shall retain possession of fails to surrender the Premises or any portion thereof without Landlord’s consent following upon the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, Tenant agrees to compensate for, and indemnify, defend and hold Landlord harmless from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers claims and attorney’s fees and costs.
Appears in 1 contract
Sources: Lease Agreement (Novan, Inc.)
Holding Over. If Tenant fails to vacate shall not hold over possession of the Premises at after the end expiration or sooner termination of the Term without the express written consent of Landlord. Tenant shall indemnify Landlord for, and hold Landlord harmless from and against, any and all liabilities arising out of or in connection with any delay by Tenant in surrendering and vacating the Premises, including, without limitations, any claims made by any succeeding tenant based on any delay and any liabilities arising out of or in connection with these claims. If possession of the Premises is not surrendered to the Landlord on the expiration or sooner termination of the Term, in addition to any other rights and remedies of Landlord hereunder or at law or in equity, for the time during which Tenant holds over in the Premises, Tenant shall pay Landlord as Base Rent a sum equal to two (2) times the then Tenant current Base Rent in addition to all other rent payable under this Lease. If any tenancy is created by Tenant's holding over, the tenancy shall be on all of the terms and conditions of this Lease, except that rent shall be increased as set forth above and the tenancy shall be a tenant at sufferance whether or not Landlord accepts any rent from month-to-month tenancy. Nothing in this Paragraph 17 shall be deemed to permit Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall to retain possession of the Premises or any portion thereof without Landlord’s consent following after the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Lease Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease (Wellstone Filters Inc /De/)
Holding Over. If The Tenant fails to vacate shall pay Landlord for each month (or fraction thereof) Tenant retains possession of the Premises at the end or any part thereof after termination of the Termthis Lease or Tenant's right to possession hereunder, by lapse of time or otherwise, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonand, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150pay, in addition to the other Rent, Base Rent equal to the greater of (1) 200% of the Rent payable during the last month of the Term, or (2) 125% of the prevailing rental rate in the Building for similar space, as reasonably determined by Landlord, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination 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, damages, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits or other consequential damages to Landlord resulting therefrom. Nothing in this Section contained, however, shall be construed or operate as a waiver of Landlord's right of re‑entry or any other right of Landlord.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following holds over after the expiration or earlier termination of the TermTerm hereof without the express written consent of Landlord, Tenant shall become a tenant at sufference only, at a rental rate equal to the higher of the Annual Basic Rent which would be applicable to the Premises upon the date of such expiration (subject to adjustment as provided in Section 6 hereof and prorated on a daily basis), or the amount per rentable square foot, without deduction for economic concessions, being quoted in a final offer by Landlord to prospective tenants for comparable space in the Building, 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 shall not constitute a holdover hereunder or result in a renewal. The foregoing provisions of this Section 11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant shall retain possession of fails to surrender the Premises or any portion thereof without Landlord’s consent following upon the expiration of this Lease or sooner termination for any reasonLease, then in addition despite demand to all other damages and remedies to which Landlord may be entitled for such holding overdo so by Landlord, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, indemnify and (b) Tenant shall otherwise continue to be subject to hold Landlord harmless from all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit loss or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damagesliability, including, without limitation, consequential damages, that Landlord suffers any claim made by any succeeding tenant founded on or resulting from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leasesuch failure to surrender.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not 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 shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Holding Over. If Tenant fails to vacate does not surrender possession of the Premises at the end of the TermTerm or upon earlier termination of this Lease, then at the election of Landlord, Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any tenant-at-will and the Rent and other person while Tenant remains payments due during the period of such holdover shall be 1.5 times the adjusted monthly Rent in possession effect immediately prior to end of the Premises following the expiration Term or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions Any holding over by Tenant with the express consent of this Section 22 Landlord shall not be deemed a tenancy from month to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawmonth. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result of Tenant's holdover and Tenant fails to vacate the Premises within fifteen five (155) business days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable of Landlord's inability to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant such failure shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions constitute an Act of Default hereunder; and notwithstanding any other provision of this Section 22 shall survive any expiration or earlier termination of this LeaseLease to the contrary, TENANT SHALL BE LIABLE TO LANDLORD FOR, AND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, ALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.
Appears in 1 contract
Sources: Lease Agreement (Telvent Git S A)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant with the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not a monthly rate equal to two (2) times the Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease (Tercica Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred twenty-five percent (125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Lease (Athira Pharma, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in retains possession of the Premises following after the expiration Expiration Date, such possession shall be subject to immediate termination by Landlord, and all terms of this Lease shall be applicable during such holdover period (excluding any expansion or earlier termination renewal option or other similar right or option), except that Tenant shall pay Landlord upon demand, as Base Rent for the holdover period, an amount equal to [***]% of the Termthen-effective Base Rent, computed on a monthly basis for each month or part thereof during such holding over. If All other payments payable under this Lease shall continue under the terms of this Lease. In addition, Tenant shall be liable for all damages incurred by Landlord as a result of such holding over. 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 Paragraph shall not be construed as consent for Tenant to retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration Premises. For purposes of this Lease or sooner termination for any reasonParagraph, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% “possession of the Rent payable during the last month of the TermPremises” shall continue until, and (b) among other things, Tenant shall otherwise continue to be subject to has delivered all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition keys to the payment of the amounts provided abovePremises to Landlord, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease complete control over the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for has completely fulfilled all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions obligations required of this Section 22 shall survive any expiration or earlier it upon termination of this Leasethe Lease concerning the condition and repair of the Premises which impair Landlord’s ability to release the Premises.
Appears in 1 contract
Sources: Lease Agreement (TheRealReal, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain retains possession of the Premises or any portion part thereof without Landlord’s consent following after the expiration termination of this Lease lease by lapse of time or sooner otherwise or after the earlier termination of Tenant's right of possession, Tenant shall pay to Landlord as Rent during such holdover period an amount equal to one hundred fifty percent (150%) of the Rent (based on the Base Rent plus the most current Additional Rent Estimate owed by Tenant during the most recent year for any reasonthe entire Premises) or one hundred fifty percent (150%) of the prevailing market rent (as determined by Landlord), then in if greater, on a per diem basis. In addition to all and without limiting any other damages rights and remedies to which Landlord may be entitled for have on account of such holding overover by Tenant, (a) Tenant shall pay 150% indemnify Landlord from and against any and all damages suffered by Landlord on account of the Rent payable during such holding over by Tenant, including any damages and claims by tenants entitled to future possession. Upon Tenant's written request, made at any time within the last month six (6) months of the Term, and Landlord shall notify Tenant, within five (b5) business days after Landlord's receipt of such written request, of any then current leasing agreements relative to the Premises (or any portion thereof) for a term commencing following the termination of this lease, which may give rise to indemnification obligations of Tenant pursuant to this Section 11. No occupancy by Tenant after the expiration or other termination of this lease shall otherwise continue be construed to be subject to all of Tenant’s obligations under this Leaseextend the Term. The provisions of this Section 22 11 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord as provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises law or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseequity.
Appears in 1 contract
Sources: Office Lease (Imanage Inc)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain retains possession of the Premises or any portion part thereof without Landlord’s consent following the expiration after termination of this Lease 1, by lapse of time or sooner otherwise, or after termination for any reasonof Tenant's right to possession of the Premises, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% Landlord for the time Tenant remains in possession rent at double the rental rate payable for the last period prior to the date of such termination, which rate shall include Base Rentals and Rental Adjustments as provided in Sections I and II of this Landlord. Tenant also shall pay all damages sustained by Landlord by reason of such retention. Unless otherwise provided in writing by Landlord, any such retention shall give rise to a month to month holdover. If Landlord so elects by giving written notice thereof to Tenant, such holding over shall constitute renewal of this Landlord for one year at a rental rate equal to One Hundred Twenty-Five percent (125%) of the Rent payable during rent provided for thereunder on the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier stated termination date of this Lease; plus all rent that may be pursuant to the terms hereof, as specified in Landlord's notice. Acceptance by Landlord of rent after any such termination shall not constitute a renewal. This section does not waive Landlord's right of re-entry or any other right or remedy available to Landlord upon holding over.
Appears in 1 contract
Holding Over. If Tenant fails to vacate 22.01 Lessee agrees that if Lessee does not surrender the Premises to Lessor at the end of the TermTerm or Option Term of this Lease (if the Option Term is properly elected), then Tenant or upon any cancellation of the Term of this Lease, without prior written consent of Lessor, such holdover tenancy shall be a tenant tenancy at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in will, and Lessee shall pay to Lessor, all damages that Lessor may suffer on account of Lessee’s failure to surrender possession of the Premises following Premises, including, but not limited to, any lost revenues that could have been generated by Lessor from the expiration or earlier termination use of the Term. If Tenant shall retain Premises, and will indemnify Lessor on account of delay of Lessor in delivering possession of said Premises to another tenant. The rent amount due during any holdover period shall be equal to one hundred fifty percent (150%) of the Premises or any portion thereof without Landlord’s consent following the expiration of minimum rent specified in this Lease or sooner termination for any reasonthe immediately preceding lease year, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% without necessity of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Leaseadditional demand therefore. The provisions acceptance of this Section 22 such rent shall not be deemed to limit or constitute be a consent to such continued occupancy nor shall it be deemed a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment right of the amounts provided aboveLessor as set forth herein, if Tenant fails to vacate at law or in equity. Should a tenancy at will be created under the Premises within provisions of this paragraph, the tenancy may subsequently be terminated by either party hereto giving fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for days’ written notice of the Premises intention to terminate the tenancy to the other party to this Lease. This provision does not give Lessee any right to hold-over at the expiration of the Term or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination Option Term of this Lease, and all other terms and conditions of this Lease shall remain in force during any tenancy at will created by holding over by Lessee.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end (directly or through any Transferee or other successor-in-interest of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant Tenant) remains in possession of the Premises following after the expiration or earlier termination of this Lease, Tenant's continued possession shall be on the Termbasis of a tenancy at the sufferance of Landlord. If In such event, Tenant shall retain continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the monthly Base Rent during Tenant's holding over shall be one and one-half times the Base Rent payable in the last full month prior to the termination hereof Tenant shall 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, cost, or damages claimed by any prospective tenant of the Premises, 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 reason of such failure to timely surrender the Premises. Nothing contained herein shall be construed to give Tenant any right to hold over or to impair or limit any of Landlord's rights and remedies set forth in this Lease if Tenant holds over without the prior written consent of Landlord, including without limitation, the right to terminate this Lease at any time during such holdover period, to recover possession of the Premises from Tenant, or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other recover damages and remedies to which Landlord may be entitled for from Tenant from such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease.
Appears in 1 contract
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not a monthly rate equal to [***] of the Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease (C3.ai, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the TermTerm in the condition required by this Lease, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonand, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay pay, in addition to the other Rent, Basic Rent equal to 150% of the Rent payable during the last month of the Term, provided however, if Tenant gives Landlord at least 120 days notice prior to the expiration of the Term of its intent to hold over, Tenant shall pay for the first 60 days of such holding over, in addition to the other Rent and without limiting Landlord’s rights and remedies in the event of such holding over, Basic Rent equal to 125% of the Basic Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination 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 any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.
Appears in 1 contract
Sources: Lease Agreement (Earthlink Inc)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following holds over after the expiration or earlier termination of this Lease, that tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal 150% of the daily Rent applicable during the last rental period of the Lease Term. If Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Neither anything contained in this ARTICLE 16 nor ▇▇▇▇▇▇▇▇’s acceptance of any Rent payable under 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 shall retain to surrender possession of the Premises or any portion thereof without Landlord’s consent following to Landlord as provided in this Lease upon the expiration or other termination of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 ARTICLE 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawlaw or in equity. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable protect, defend, indemnify and hold Landlord harmless from all Losses resulting from that failure, including any claims made by any succeeding tenant founded upon the failure to surrender and any lost profits to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdoverresulting therefrom. The provisions of this Section 22 ARTICLE 16 shall survive any the expiration or earlier termination of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Yellowstone Midco Holdings II, LLC)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonand, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, : (a) Tenant shall pay pay, in addition to the other Rent, Base Rent equal to one hundred fifty percent (150% %) of the Base Rent payable during the last month of the Term, ; and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this 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. In 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 any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the payment of the amounts provided aboveforegoing, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenantholds over with Landlord’s holdoverexpress written consent, then Tenant shall be liable a month-to-month tenant and Tenant shall pay, in addition to Landlord for all damagesthe other Rent, including, without limitation, consequential damages, that Landlord suffers from Base Rent equal to one hundred twenty‑five percent (125%) of the holdover. The provisions Base Rent payable during the last month of this Section 22 shall survive any expiration or earlier termination of this Leasethe Term.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end expiration or earlier termination of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonas to such space and, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay pay, in addition to the other Rent, holdover rent (on a per diem basis) for the Premises equal to 150% of each of the Base Rent and Tenant’s Pro Rata Share of Operating Expenses payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition law or a consent by Landlord to any holding over by Tenant and Landlord expressly reserves the payment right to require Tenant to surrender possession of the amounts provided above, if 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 in connection with such holding over. If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold the Indemnified Parties harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including any claims made by any succeeding lessees founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.
Appears in 1 contract
Sources: Office Lease (Sailpoint Technologies Holdings, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not 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 shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless for, from and against all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease (Movano Inc.)
Holding Over. If Tenant fails to vacate remains in occupancy of any portion of the Premises after the expiration of the Lease Term, Tenant shall become a month to month tenant upon all terms of this Lease as might be applicable to such month to month tenancy, except that Tenant shall pay Base Rent and Additional Rent at a rate equal to (i) 150% of the rate effective immediately prior to such holdover for the first two (2) months of such holdover, and (ii) 200% beginning with the third (3rd ) month of such holdover. If Tenant holds over for more than two (2) months, and if Landlord so elects by written notice to Tenant, such holdover shall constitute a renewal of this Lease for a period of one (1) year, at the end greater of (i) 200% of Base Rent payable during the last calendar month of the TermLease Term and (ii) the then current market rate, then as determined by Landlord in its sole discretion. The foregoing shall not be construed as giving Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains the right to remain in possession of the Premises following the after expiration or earlier termination of the Lease Term, and Tenant will pay to Landlord, upon request, all damages that Landlord may suffer on account of Tenant's failure to surrender possession as and when aforesaid and will indemnify Landlord against all liabilities, costs and expenses (including all reasonable attorneys' fees and costs if any) arising out of Tenant's delay in so delivering possession, including claims of any succeeding tenant. If Tenant No acceptance of Rent payable pursuant to this Section 16 by Landlord shall retain be construed to extend the Lease Term or operate as a waiver of Landlord’s right to regain immediate possession of the Premises by summary proceedings or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseremedy.
Appears in 1 contract
Sources: Lease Agreement (AntriaBio, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Term under this Lease for the first sixty (60) days of such holdover and thereafter, at a monthly rate equal to two hundred percent (200%) of the Base Rent applicable during the last rental period of the Term under this Lease. Such month-to-month tenancy shall be subject to every other term and provision contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord in the condition required herein upon the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.
Appears in 1 contract
Sources: Lease Agreement (GigOptix, Inc.)
Holding Over. If No holding over by Tenant fails shall operate to vacate the Premises at the end of extend the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while . If Tenant remains in possession of the Premises following the after expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease:
(i) Tenant shall become a tenant at sufferance upon all the applicable terms and conditions of this Lease, except that Base Rent shall be increased to one hundred fifty percent (150%) of the Base Rent in effect immediately prior to the expiration or termination of this Lease for the first ninety (90) days of such holding over and shall be increased to two hundred percent (200%) of said Base Rent amount thereafter; (ii) Tenant shall indemnify, defend, protect and hold harmless Landlord, the other Indemnitees, and any tenant to whom Landlord has leased all or part of the Premises, from Claims (including loss of rent to Landlord or additional rent payable by such tenant and reasonable attorneys' fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant's failure timely to vacate the Premises; and (iii) such holding over by Tenant shall constitute an Event of Default. Landlord's acceptance of Rent if and after Tenant holds over shall not convert Tenant's tenancy at sufferance to any other form of tenancy or result in a renewal or extension of the Term of this Lease, unless otherwise specified by notice from Landlord to Tenant.
Appears in 1 contract
Holding Over. If 26.1 Any holding over after the expiration or other termination of the Lease Term shall be construed to be a tenancy from month to month only, and shall be on all the terms set forth herein, except that the monthly Base Rent shall be an amount equal one hundred fifty percent (150%) of the monthly Base Rent payable for the last full month of the Lease Term (without giving consideration to any period of abatement arising as a result of the occurrence of any casualty or for any other reason). Acceptance by Landlord of any rent after the expiration or termination of this Lease shall 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 Lease Term. The provisions of this section are in addition to, and do not affect, ▇▇▇▇▇▇▇▇’s right to re-entry or other rights hereunder or provided by law.
26.2 Tenant fails shall indemnify, defend and hold Landlord harmless from and against all claims, demands, liabilities, damages, losses, costs and expenses, including, without limitation, attorneys’ fees, incurred by or asserted against Landlord and arising directly or indirectly from Tenant’s failure to vacate timely surrender the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following within thirty (30) days after the expiration or earlier termination of the Lease Term. If Tenant shall retain possession , including but not limited to (i) any rent payable by or any loss, cost, or damages, including lost profits, claimed by any prospective tenant of the Premises or any portion thereof, and (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof without Landlord’s consent following the expiration by reason of this Lease or sooner termination for any reason, then in addition such failure to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease timely surrender the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease.
Appears in 1 contract
Holding Over. If Tenant fails to vacate Upon the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, Lessee shall promptly surrender possession of the Leased Premises to Lessor or its agent. If such possession is not immediately surrendered, Lessor may forthwith re-enter the Leased Premises and repossess itself thereof and remove all persons and effects therefrom at Lessee's expense, using such force as may be necessary without being deemed guilty of any manner of trespass or forcible entry or detainer. Property that is not removed from the Leased Premises upon the termination of the Lease shall be conclusively presumed to have been abandoned and the title thereto shall pass to Lessor and its beneficiaries without cost. If Lessee fails to surrender the Leased Premises as aforesaid, Lessee shall pay rent on a daily basis as liquidated damages for the whole time such surrender is delayed beyond the terms of the Lease, a sum equal to nine percent (9%) of Monthly Base Rent and real estate taxes and shall continue to pay special assessments, insurance premiums and costs of repair as set forth, nor shall any other act by Lessor in apparent affirmance of tenancy operate as a waiver of the right to forfeit this Lease and the term hereby granted for the period still unexpired for a breach of any of the conditions or covenants herein.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end Should Tenant, without Landlord’s written consent, hold over after termination of the Termthis Lease, then Tenant shall be become a tenant at sufferance whether or 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 an extension of this Lease. During such holding over, Tenant shall pay in advance, monthly, Basic Rental at a rate equal to two (2) times the rate in effect for the last month of the Term of this Lease, 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 any increase in Direct Costs. Nothing contained in this Article 5 shall be construed as consent by Landlord accepts to any rent from holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant shall retain possession of fails to surrender the Premises or any portion thereof without Landlord’s consent following upon the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, Tenant agrees to indemnify, defend and hold Landlord harmless from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers claims and attorney’s fees and costs.
Appears in 1 contract
Sources: Standard Office Lease (Entropic Communications Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not 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 shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs, expenses, damages and liabilities (including reasonable attorneys’ fees) resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not 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 shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease (Legalzoom Com Inc)
Holding Over. If Tenant fails to vacate ▇▇▇▇▇▇ holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to twice the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy 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 accepts to any rent from holding over by ▇▇▇▇▇▇, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseclaims made by any succeeding tenant founded upon such failure to surrender.
Appears in 1 contract
Sources: Office Lease (Kinzan Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Rent shall be payable at sufferance whether or not 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 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 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Sublease (Okta, Inc.)
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following holds over after the expiration of this the Lease Term hereof, with or sooner termination 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 reasonfurther term, then and in addition such case Base Rent shall be payable at a monthly rate equal to all other damages and remedies to which Landlord may be entitled (a) for the first month of any such holding over, one hundred fifty percent (a) Tenant shall pay 150% of the Rent payable during the last month of the Term%), and (b) Tenant for any subsequent such holding over, two hundred percent (200%), in either case, of the greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease or (ii) the fair market rental rate for the Premises as of the commencement of such holdover period. Such month-to-month tenancy shall otherwise continue to be subject to all every other term, covenant and agreement contained herein. Landlord hereby expressly reserves the right to require Tenant to surrender possession of Tenant’s obligations under the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure.
Appears in 1 contract
Sources: Lease Agreement (New Focus Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not 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 shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any-lost profits to Landlord resulting therefrom.
Appears in 1 contract
Holding Over. If Tenant fails to vacate for any reason remains in possession of any portion of the Premises at Property after the end expiration of the Term or earlier termination of the Term, then such possession shall be a tenancy at sufferance during which time Tenant shall pay to Landlord as rental each month one hundred twenty-five percent (125%) of the aggregate of (i) one-twelfth of the aggregate Base Rent for the Facilities as of the last day of the Term, (ii) all Additional Charges accruing during the month with respect to which such payment relates, and (iii) all other sums, if any, payable by Tenant pursuant to the provisions of this Lease with respect to the Facilities. During such period of month-to-month tenancy at sufferance, Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession obligated to perform and observe all of the Premises terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent mandated by law applicable to tenancies at sufferance, to continue its occupancy and use of the Facilities. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary herein, the continued occupancy by residents at the Facilities following the expiration or earlier termination of the Term. If Term shall not constitute holding over by Tenant shall retain possession of which would trigger the Premises or any portion thereof without Landlord’s consent following the expiration foregoing terms of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeaseArticle 19.
Appears in 1 contract
Holding Over. If Tenant fails to vacate 24.1 In the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while event Tenant remains in possession of the Demised Premises following after the expiration of this lease and without the execution of a new lease or an amendment hereto, it shall be deemed to be occupying said premises as a tenant from month to month at a rental equal to the rental herein provided plus one hundred percent (100%) of such amount and otherwise subject to all the conditions, provisions and obligations of this lease insofar as the same are applicable to a month-to-month tenancy. Neither any provision hereof nor acceptance by Landlord of rent after such expiration or earlier termination shall be deemed a consent to a holdover hereunder or result in a renewal of this lease or an extension of the term. Notwithstanding any provision to the contrary contained herein, (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Demised Premises upon the expiration of the term of this lease or upon the earlier termination hereof, the right to reenter the Demised Premises, and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holding over, and (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the Demised Premises on the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of accordance with the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaselease.
Appears in 1 contract
Sources: Industrial Complex Lease (Apbiotech)
Holding Over. If Tenant holds over or occupies the Premises beyond the Term (it being agreed there shall be no such holding over or occupancy without Landlord's prior written consent given in its sole and absolute discretion), Tenant shall pay Landlord for each day of such holding over a sum equal to the greater of (i) 150% the Minimum Monthly Rent prorated for the number of days of such holding over, or (ii) Minimum Annual Rent plus Percentage Rent prorated for the number of days of such holding over, plus, whichever of (i) or (ii) is applicable, a pro-rata portion of all other amounts which Tenant would have been required to pay hereunder had this Lease been in effect. If Tenant holds over with or without Landlord's written consent, Tenant shall occupy the Premises on a tenancy at sufferance but all other terms and provisions of this Lease shall be applicable to such period. In addition, if Tenant fails to vacate surrender the Premises at in the end of event Landlord provides Tenant with thirty (30) days written notice that it has another tenant who will be occupying the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonPremises, then in addition to all any other damages and remedies liabilities to which Landlord may be entitled for such holding overaccruing therefrom, (a) Tenant shall pay 150% of protect, defend, indemnify and hold the Rent payable during the last month of the TermLandlord Parties harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable lost profits to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Lease Agreement (Allied Esports Entertainment, Inc.)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred twenty-five percent (125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy 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 accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender (including such tenant's lost profits) and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Holding Over. If Tenant Lessee fails to vacate the Premises at the end of the Term, then Tenant Lessee shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonwill and, then in addition to all other damages and remedies to which Landlord Lessor may be entitled for such holding hold over, Lessee shall pay, in addition to the other rent, a daily Basic Rent equal to the greater of (a) Tenant shall pay one hundred fifty percent (150% %) of the daily Basic Rent payable during the last month of the TermTern, and or (b) Tenant one hundred twenty-five percent (125%) of the prevailing rental rate in the Building for similar space. If Lessee fails to surrender the Premises upon Termination or Expiration of the Lease, in addition to any other liabilities to Lessor accruing therefrom, Lessee shall otherwise continue protect, defend, indemnify and hold Lessor harmless from all loss, costs, (including reasonable attorney's 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 be subject surrender, and any lost profits to all of Tenant’s obligations under this LeaseLessor resulting therefrom. The provisions of this Section 22 above conditions shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided to Lessor herein or at law. In addition to the payment If Lessee, with Lessor's consent, remains in possession of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease any part thereof after the Premisesexpiration of the term hereof, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant such occupancy shall be liable a tenancy from month to Landlord for month upon all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination Lease pertaining to the obligations of Lessee, but all options and rights of first refusal, if any, granted under the terms of this LeaseLease shall be deemed terminated and be of no further effect during said month to month tenancy.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end (directly or through any Transferee or other successor-in-interest of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant Tenant) remains in possession of the Premises following after the expiration or earlier termination of this Lease, Tenant’s continued possession shall be on the Termbasis of a tenancy at the sufferance of Landlord. If In such event, Tenant shall retain possession continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the monthly Base Rent during Tenant’s holding over shall be (i) during the initial sixty (60) days of such holdover, one hundred twenty-five percent (125%) of the Premises or any portion thereof without Landlord’s consent following Base Rent payable in the expiration of this Lease or sooner termination for any reason, then in addition last full month prior to all other damages and remedies to which Landlord may be entitled for such holding over, and (aii) Tenant shall pay thereafter, one hundred fifty percent (150% %) of the Base Rent payable during in the last full month prior to the termination hereof. Acceptance by Landlord of the Term, and (b) Tenant rent after such termination shall otherwise continue to be subject to all not constitute a renewal of Tenant’s obligations under this Lease. The provisions of ; and nothing contained in this Section 22 provision 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. In addition Tenant shall 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 payment Premises, including (i) any rent payable by or any loss, cost, or damages claimed by any prospective tenant of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to deliver possession, or perform improvements, due enter into the prospective lease of the Premises by reason of such failure to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from timely surrender the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeasePremises.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Demised Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following after the expiration of this the Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration Term or earlier termination of this Lease without having a new lease reduced to writing and duly executed, Landlord may, at its sole election, deem Tenant to be occupying the Demised Premises as a month-to-month tenant, subject to all the provisions of this Lease insofar as they are applicable to a month-to-month tenancy. There is no renewal of this Lease by operation of Law. During the period of any such holding over, all provisions of this Lease that are applicable to a month-to-month tenancy shall remain in effect except that the monthly base rental shall be two (2) times the Base Rent in effect immediately preceding the expiration of the Lease Term or earlier termination of this Lease and Tenant shall continue to pay all items of Additional Rent and other sums required to be paid hereunder. This Section 16.2 shall not be construed as Landlord's consent for Tenant to hold over. Tenant shall indemnify Landlord from and against any and all claims, actions, damages, liability and expenses (including reasonable attorneys' fees) arising or resulting from Tenant's failure to surrender possession upon the expiration (or earlier termination) of the Lease Term in strict accordance with Sections 16.1 and 16.2 of this Lease, including any claims made by any succeeding tenant.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end (directly or through any Transferee or other successor-in-interest of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant Tenant) remains in possession of the Premises following after the expiration or earlier termination of this Lease, Tenant's continued possession shall be on the Termbasis of a tenancy at the sufferance of Landlord. If In such event, Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to comply with or perform all the terms and obligation of Tenant’s obligations Tenant under this Lease. The provisions of this Section 22 , except that the monthly Base Rent during Tenant's holding over shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition 1-1/2 (150%) the Base Rent payable in the last full month prior to the payment termination hereof, prorated for the number of the amounts provided abovedays held over, but only prorated if such holding over does not exceed (5) days. Tenant fails shall indemnify, defend and hold Landlord harmless from and against all claims arising or resulting directly or indirectly from Tenant's failure to vacate timely surrender the Premises within fifteen the grace period, including (15i) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises any rent payable by or has received a bona fide offer to lease any loss, cost, or damages claimed by any prospective tenant of the Premises, and that Landlord will be unable (ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to deliver possession, or perform improvements, due enter into the prospective lease of the Premises by reason of such failure to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from timely surrender the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeasePremises.
Appears in 1 contract
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following holds over after the expiration or earlier termination of the Termterm hereof without the express written consent of Landlord, Tenant shall become a Tenant at sufferance only, at a rental rate equal to the greater of one hundred fifty percent (150%) of Landlord’s scheduled rent for the Premises or one hundred fifty percent (150%) of the Base Monthly Rent in effect upon the date of such expiration (including adjustment to the Base Monthly Rent as provided in Article 3 hereof and prorated on a daily basis), 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 shall not result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord pursuant to this Lease or as otherwise provided by law. If Tenant shall retain possession of fails to surrender the Premises or any portion thereof without Landlord’s consent following upon the expiration of this Lease despite demand to do so by Landlord, Tenants shall indemnify and hold Landlord harmless from all loss or sooner termination for any reasonliability, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, including without limitation, consequential damages, that Landlord suffers any claim made by any succeeding tenant founded on or resulting from the holdover. The provisions of this Section 22 shall survive such failure to surrender and any expiration or earlier termination of this Leaseattorney fees and costs incurred by Landlord.
Appears in 1 contract
Sources: Office Lease (Active Network Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be of sufferance only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Term under this Lease (prorated for partial months). Such tenancy shall be subject to every other term and provision contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord in the condition required herein upon the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.
Appears in 1 contract
Sources: Lease Agreement (Ambarella Inc)
Holding Over. If Tenant fails Upon failure of the Grantee to vacate surrender possession of the Premises demised premises upon the termination of this lease, the Grantee’s possession of the demised premises shall continue on a month-to-month tenancy at the end yearly rental rate charged in the last year of the Termlast term of the agreement, then Tenant on a monthly pro-rata basis, plus eighteen percent (18%) of such monthly amount, for each month that the Grantee retains possession of the demised premises after termination and prior to execution of a subsequent or amended lease agreement. The Grantee shall acquire no additional rights to, or interest in the demised premises by holding over after termination of this lease, and shall be a tenant at sufferance whether or not Landlord accepts subject to legal action by the Grantor to require the surrender of the demised premises. All terms of this agreement shall apply during the hold-over period. The receipt by Grantor of any rent from Tenant or any other person while Tenant remains sum of money after the termination in possession any manner of the Premises following term demised, or after the expiration or earlier termination giving by Grantor of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonnotice hereunder to effect such termination, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit reinstate, continue or constitute a waiver extend the resultant term herein demised, or destroy or in any manner impair the efficacy of any such notice or termination as may have been given hereunder by Grantor to Grantee prior to receipt of any such money or other rights or remedies of Landlord provided herein or at law. In addition consideration, unless so agreed to in writing and signed by the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeaseGrantor.
Appears in 1 contract
Sources: Lease Agreement
Holding Over. If Tenant fails to vacate Lessee holds over after the Premises at the end expiration of the TermLease Term or earlier termination thereof, then Tenant with or without the express or implied consent of Lessor, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not Landlord accepts 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 shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Lease shall be construed as consent by Lessor to any rent from Tenant or any other person while Tenant remains in holding over by Lessee, and Lessor expressly reserves the right to require Lessee to surrender possession of the Premises following to Lessor as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 Lease shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord Lessor provided herein or at law. In If Lessee fails to surrender the Premises upon the termination or expiration of this Lease, in addition to the payment of the amounts provided aboveany other liabilities to Lessor accruing therefrom, if Tenant fails to vacate the Premises within fifteen Lessee shall protect, defend, indemnify and hold Lessor harmless from all loss, costs (15including reasonable attorneys' fees) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damagesliability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding or prospective tenant founded upon such failure to surrender, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive and any expiration or earlier termination of this Leaselost profits to Lessor resulting therefrom.
Appears in 1 contract
Sources: Office Lease (Plumtree Software Inc)
Holding Over. If Tenant fails holds over after the expiration of the Lease Term hereof, 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, and in such case Base Rent shall be payable at a monthly rate equal to vacate the greater of (i) one hundred seventy five percent (175%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease or (ii) one hundred twenty five percent of the fair market rental value of the Premises at the end as of the Term, then Tenant commencement of such holdover period. Such month-to-month tenancy shall be a tenant at sufferance whether or not subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.
Appears in 1 contract
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or ▇▇▇▇▇▇t the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to twice the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy 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 accepts to any rent from holding over by Tenant, and Landlord exp▇▇▇▇▇▇ reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In If Tenant falls to surrender the Premises upon the termination or expiration ▇▇ ▇▇is Lease, in addition to the payment of the amounts provided aboveany other liabilities to Landlord accruing therefrom, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender (including such tenant's lost profits) and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Holding Over. If Tenant holds over the Premises or any part thereof after expiration of the Term, such holding over shall constitute a month-to-month tenancy, at a rent equal to one hundred fifty percent (150%) of the Base Rent in effect immediately prior to such holding over and shall otherwise be on all the other terms and conditions of this Lease. This paragraph shall not be construed as Landlord's permission for Tenant to hold over. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease or extension of the Term except as specifically set forth above. If Tenant fails to vacate surrender the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any upon expiration or earlier termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant's failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after the expiration or earlier termination of this Lease and any related attorneys' fees and brokerage commissions; provided, however, that such indemnification by Tenant shall be conditional on Landlord notifying Tenant at least thirty (30) days in advance of the date on which such damages will begin to accrue and the approximate amount of such damages.
Appears in 1 contract
Sources: Sublease Agreement
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the after expiration or earlier termination of the Term. If , or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall retain be deemed to be a month-to-month tenancy terminable on written thirty (30) day notice at any time, by either party. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to one hundred fifty percent (150%) of the fair market gross rental for the Premises as reasonably determined by Landlord (which in no event shall be less than one hundred fifty percent (150%) of the sum of the Base Rent and Additional Rent due for the period immediately preceding the holdover). No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or any portion thereof without Landlord’s consent following otherwise. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease or sooner termination for any reasonLease, then in addition to all any other damages and remedies liabilities to which Landlord may be entitled for such holding overaccruing therefrom, (a) Tenant shall pay 150% of the Rent payable during the last month of the Termprotect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable lost profits to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Holding Over. If The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant fails to vacate timely surrender the Premises at Real Property upon expiration or other earlier termination of this Lease will be substantial, will exceed the end amount of the Termmonthly installments of Rent (as defined below) theretofore payable hereunder, then and will be impossible to accurately measure. Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in therefore agrees that if possession of the Premises following Real Property is not surrendered to Landlord upon the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonLease, then in addition to all other then, as liquidated damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver in lieu of any other rights or remedies of Landlord provided herein may have hereunder or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable pay to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from each month (and for each portion of any month) during which Tenant holds over in the holdover. The provisions Real Property after the expiration of earlier termination of this Section 22 Lease, a sum equal to two times the Rent payable under this Lease, plus any other additional rent payable by Tenant pursuant to the terms of this Lease. Nothing herein contained shall survive any be deemed to permit Tenant to retain possession of the Real Property after the expiration or earlier termination of this Lease. The acceptance by Landlord of any payments from Tenant after the expiration or earlier termination of this Lease shall not preclude Landlord from commencing and prosecuting a holdover, summary eviction or similar proceeding, nor shall any such acceptance be deemed anything other than on acceptance of payment on account of the amounts to be paid by Tenant in accordance with the provisions of this Section 2.3.
Appears in 1 contract
Sources: Master Lease (MTR Gaming Group Inc)
Holding Over. If Tenant fails to vacate the Premises at the end (directly or through any Transferee or other successor-in-interest of the Term, then Tenant shall be a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant Tenant) remains in possession of the Premises following after the expiration or earlier termination of this Lease, Tenant’s continued possession shall be on the Termbasis of a tenancy at the sufferance of Landlord. If In such event, Tenant shall retain possession continue to comply with or perform all of the Premises or any portion thereof without Landlordterms and obligations of Tenant under this Lease, expect that the monthly Base Rent during Tenant’s consent holding over shall be one hundred thirty-five percent (135%) of the Base Rent payable in the last full month prior to the termination hereof for the first four months following the expiration of this Lease or sooner termination for any reasonthe Term and thereafter, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, one hundred fifty percent (a150%) Tenant shall pay 150% of the Base Rent payable during in the last full month prior to the termination hereof. Acceptance by Landlord of the Term, and (b) Tenant rent after such termination shall otherwise continue to be subject to all not constitute a renewal of Tenant’s obligations under this Lease. The provisions of ; and nothing contained in this Section 22 provision 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. In addition Tenant shall 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 payment Premises, including (i) any rent payable by or any loss, cost, or damages claimed by any prospective tenant of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable (ii) Landlord’s damages as a result of such prospective tenant rescinding or refusing to deliver possession, or perform improvements, due enter into the prospective lease of the Premises by reason of such failure to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from timely surrender the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this LeasePremises.
Appears in 1 contract
Sources: Sub Sublease Agreement (Enernoc Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Term under this Lease. Such month-to-month tenancy shall be subject to every other term and provision contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord in the condition required herein upon the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom, provided that Tenant has received thirty (30) days prior written notice from Landlord that any portion of the Premises have been leased to another person or entity, and Tenant does not vacate the Premises within such thirty (30) day period.
Appears in 1 contract
Sources: Lease Agreement (Spansion Inc.)
Holding Over. If Tenant fails to vacate retains possession of the Premises at after the end termination or expiration of the TermLease Term without prior written approval of Landlord, then Tenant shall be shall, at Landlord’s election, become a tenant at sufferance whether or (and not a tenant at will), such possession shall be subject to immediate termination by Landlord accepts at any rent from Tenant or any other person while Tenant remains in possession time, and all of the Premises following other terms and provisions of this Lease (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, except that Tenant shall pay Landlord from time to time, upon demand, as Basic Annual Rent for the expiration or earlier termination holdover period, an amount equal to one hundred fifty percent (150%) of the TermBasic Annual Rent in effect on the termination date, computed on a monthly basis for each month or part thereof during such holding over. If All other payments (including payments of Additional Rent) shall continue under the terms of this Lease. In addition, Tenant shall be liable for all damages incurred by Landlord as a result of such holding over, including, without limitation, any claim made by any succeeding tenant based thereon. 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 Paragraph shall not be construed as consent for Tenant to retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this LeasePremises. The provisions of this Section 22 Paragraph 19(f) shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease.
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Holding Over. If Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be be, at Landlord’s option without Tenant’s execution of any document or receipt of any notice, a tenant at sufferance whether or not Landlord accepts any rent from Tenant or any other person while Tenant remains in possession of the Premises following the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reasonwill and, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay pay, in addition to the other Rent, a daily Gross Full Service Rent equal to 150% of the daily Gross Full Service Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all other terms and conditions of this Lease, including the payment of Tenant’s obligations Operating Costs Reimbursements and all other sums due under this Lease. The provisions of this Section 22 21 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLaw or in equity. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease Agreement (Cray Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the Term, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Term under this Lease. Such month-to-month tenancy shall be subject to every other term and provision contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord in the condition required herein upon the expiration or earlier termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any non-speculative lost profits to Landlord resulting therefrom.
Appears in 1 contract
Sources: Lease Agreement (Meru Networks Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and shall not constitute a tenant renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a monthly rate equal to one hundred twenty-five percent (125%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Section 19.7 shall be construed as consent by Landlord accepts to any rent from holding over by Tenant, and Landlord expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 19.7 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition to the payment of the amounts provided above, if If Tenant fails to vacate surrender the Premises within fifteen (15) days after upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for the Premises or has received a bona fide offer to lease the Premisesaccruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damages, that any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease (Health Net Inc)
Holding Over. If Tenant fails to vacate holds over after the Premises at the end expiration of the TermLease Term hereof, then Tenant with or without the express or implied consent of Landlord, such tenancy shall be deemed a tenant per diem tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at sufferance whether or not a per diem rate equal to 1/30th of one hundred fifty percent (150%) of the Base Rent applicable during the last rental month of the Lease Term under this Lease. Such tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 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. In addition to the payment of the amounts provided above, if Tenant fails to vacate the Premises within fifteen (15) days after Landlord notifies Tenant that L▇If ▇▇▇▇▇▇ has entered into a lease for fails to surrender the Premises upon the termination or has received a bona fide offer expiration of this Lease, in addition to lease the Premisesany other liabilities to Landlord accruing therefrom, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to protect, defend, indemnify and hold Landlord for harmless from all damagesloss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, consequential damagesany claims made by any succeeding tenant founded upon such failure to surrender, that and any lost profits to Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Leaseresulting therefrom.
Appears in 1 contract
Sources: Office Lease (Pc Mall Inc)
Holding Over. If Tenant fails holds over after the expiration of the Lease Term hereof, 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, and in such case Base Rent shall be payable at a monthly rate equal to vacate 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 or (ii) the fair market rental rate for the Premises at the end as of the Term, then Tenant commencement of such holdover period. Such month-to-month tenancy shall be a tenant at sufferance whether or not subject to every other term, covenant and agreement contained herein. Landlord accepts any rent from hereby expressly reserves the right to require Tenant or any other person while Tenant remains in to surrender possession of the Premises following to Landlord as provided in this Lease upon the expiration or earlier other termination of the Term. If Tenant shall retain possession of the Premises or any portion thereof without Landlord’s consent following the expiration of this Lease or sooner termination for any reason, then in addition to all other damages and remedies to which Landlord may be entitled for such holding over, (a) Tenant shall pay 150% of the Rent payable during the last month of the Term, and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. In addition If Tenant falls to the payment of the amounts provided above, if Tenant fails to vacate surrender the Premises within fifteen (15) days after Landlord notifies Tenant that L▇▇▇▇▇▇▇ has entered into a lease for upon the Premises termination or has received a bona fide offer to lease the Premises, and that Landlord will be unable to deliver possession, or perform improvements, due to Tenant’s holdover, then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover. The provisions of this Section 22 shall survive any expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all Claims resulting from such failure, including but not limited to, any Claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.
Appears in 1 contract