Common use of Holding Over Clause in Contracts

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 4 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

AutoNDA by SimpleDocs

Holding Over. Should Tenant, or any of its successors in interest, hold Any holding over the Premises or any part thereof after the expiration or earlier other termination of this Lease with the written consent of Landlord delivered to Tenant shall be construed to be a tenancy from month to month at the Base Rent in effect on the date of such expiration or termination on the terms, covenants and conditions herein specified so far as applicable. Any holding over after the expiration or other termination of this Lease without Landlord’s prior the written consent, such holding over consent of Landlord shall constitute and be construed as to be a tenancy at sufferance onlyon all the terms set forth herein, at a monthly rent except that Base Rent shall be an amount equal to two one hundred fifty percent (200150%) of the Base Rent payable for the final month by Tenant immediately prior to such holding over. Acceptance by Landlord of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof Rent after the expiration or earlier termination of this Lease with 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 term hereof. Tenant acknowledges that if Tenant holds over without Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and may compromise or otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawability to enter into new leases with prospective tenants regarding the Premises. If Therefore, if Tenant fails to surrender the Premises on upon the expiration or other termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless forfrom all Losses resulting from such failure, from and against all claimsincluding, damages, including consequential damages, loss and liability, including without limitationlimiting the generality of the foregoing, any claim claims made by any succeeding tenant resulting from founded upon such failure to surrender by Tenant and any attorneys’ fees lost profits to Landlord resulting therefrom. The provisions of this Paragraph are in addition to, and costs incurred do not affect, Landlord’s right to reentry or other rights hereunder or provided by Landlord with respect to any such claimlaw.

Appears in 3 contracts

Samples: Tenant Improvement Agreement (SVMK Inc.), Tenant Improvement Agreement (SVMK Inc.), Sublease (Zuora Inc)

Holding Over. Should TenantTenant will, or any of its successors in interest, hold over the Premises or any part thereof after at the expiration or earlier termination of this Lease without Agreement, whether by lapse of time or termination, give up immediate possession to Landlord’s prior . Unless otherwise agreed by Landlord, if Tenant fails to give up possession the Landlord may, at its option, serve written consentnotice upon Tenant that such holdover constitutes any one of (i) creation of a month-to-month tenancy, such holding over shall constitute and be construed as or (ii) creation of a tenancy at sufferance onlysufferance. If Landlord does not give said notice, Tenant’s holdover shall create a tenancy at a monthly rent equal to two hundred percent (200%) of sufferance. In any such event the Base Rent payable for the final month of the Term of this Lease and otherwise tenancy shall be upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentAgreement, such holding over except that the Minimum Rental shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable Minimum Rental Tenant was obligated to pay Landlord under this Lease Agreement immediately prior to termination (in the case of tenancy at sufferance such Minimum Rental shall be prorated on the basis of a 365 day year for each day Tenant remains in possession); excepting further that in the final month case of a tenancy at sufferance, no notices shall be required prior to commencement of any legal action to gain repossession of the Term Premises. In the case of this Lease and otherwise upon the terms and conditions in the Leasea tenancy at sufferance, except that Tenant shall also pay to Landlord may terminate the tenancy on 10 days prior written notice to all damages sustained by Landlord resulting from retention of possession by Tenant. The acceptance provisions of this Article shall not constitute a waiver by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s any right of re-entry as otherwise available to Landlord; nor shall receipt of any rent or any other rights act in apparent affirmance of Landlord hereunder or the tenancy operate as otherwise provided by law. If Tenant fails a waiver of the right to surrender the Premises on the expiration of terminate this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender Agreement for a breach by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimhereof.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Virtual Radiologic CORP), Lease Agreement (Virtual Radiologic CORP)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to two Basic Rent shall be the greater of (a) one hundred seventy-five percent (200175%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in Landlord’s industrial lease portfolio in the vicinity of the Term Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease and otherwise upon the terms and conditions despite demand to do so by Landlord, Tenant shall be liable in the Leasedamages for all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 3 contracts

Samples: Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp), Industrial Lease (Intralase Corp)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to rental shall be two hundred percent (200%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Leasetermination, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with subject to Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month right to month only, at a monthly rent equal to two hundred percent modify same upon thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 3 contracts

Samples: Office Space Lease (United Business Holdings, Inc), Office Space Lease (United Business Holdings, Inc), Office Space Lease (Gardenburger Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold 26.1 Any holding over the Premises or any part thereof after the expiration or earlier other termination of this the Lease Term without Landlord’s prior the express written consent, such consent of Landlord delivered to Tenant shall be construed to be a tenancy at sufferance. Any holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier other termination of this the Lease Term with Landlord’s prior the express written consent, such holding over consent of Landlord delivered to Tenant shall constitute and be construed as to be a tenancy from month to month only, at a and shall be on all the terms set forth herein, except that the monthly rent Base Rent shall be an amount equal to two the greater of: (a) one hundred fifty percent (200150%) of the then current fair market monthly rental value for the Premises as reasonably determined by Landlord, or (b) one hundred fifty percent (150%) of the monthly Base Rent payable for the final last full month of the Term 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 and otherwise upon 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 terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantterm hereof. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 section are in addition to to, and do not affect Landlordaffect, Xxxxxxxx’s right of to re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify indemnify, defend and hold Landlord harmless for, 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 timely surrender the Premises, including but not limited to (i) any rent payable by or any loss, cost, or damages, including consequential damageslost profits, loss and liability, including without limitation, any claim made claimed by any succeeding prospective tenant resulting from 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 by reason of such failure to timely surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Premises.

Appears in 3 contracts

Samples: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)

Holding Over. Should TenantIf, or any of its successors in interestwith Landlord’s express written consent, hold Tenant holds over the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over shall constitute a month-to-month tenancy on all the other terms and conditions of this Lease, except that Base Rent shall be equal to 125% of the Base Rent payable under this Lease for the last full month before the date of expiration or termination. This section 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 remains in possession of the Premises after expiration or other termination of this Lease without Landlord’s prior express written consent, such holding over Tenant’s continued possession shall constitute and be construed as on the basis of a tenancy at sufferance only, at a monthly rent and Tenant shall pay as Base Rent during the holdover period an amount equal to two one hundred fifty percent (200150%) of the Base Rent payable under this Lease for the final last full month before the date of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawtermination. If Tenant fails to surrender the Premises on the upon expiration or other termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant or liability resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 other termination of this Lease and any related attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant holds the Premises or any part thereof after the expiration or earlier termination of this Lease without the term hereof with the consent of Landlord’s prior written consent, such holding over shall constitute and shall, in the absence of a' written agreement on the subject, be construed as deemed to have created a tenancy at sufferance onlyfrom month to month, terminable on thirty (30) days' written notice by either Party to the other, at a minimum monthly rent equal to two hundred percent (200%) of the Base Rent payable for total rent (including minimum and additional rent) paid by Tenant to Landlord under this Lease during the final immediately preceding twelve (12) month of the Term period, and otherwise subject to all terms of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicableincluding the payment of all other charges payable by Tenant hereunder. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this the Lease with term without the consent of Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as become a tenancy from month to month only, tenant of sufferance only at a monthly rent rental rate equal to two hundred percent (200%) of the Base Rent rent (including minimum and additional rent) payable for the final month of the Term of this Lease just prior to expiration or termination, and otherwise upon the terms terms, covenants and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early earlier termination shall not constitute a consent to a holdover hereunder or result in a renewal or extension of this Leaserenewal. The foregoing provisions of this Section 17.14 are in b addition to and do not affect Landlord’s 's right of re-entry reentry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless forfrom loss or liability resulting from such failure, from and against all claimsincluding, damages, including consequential damages, loss and liability, including without limitationlimiting the generality of the foregoing, any claim claims made by any succeeding tenant resulting from arising out of such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimfailure.

Appears in 2 contracts

Samples: Shop Lease (Wasatch Food Services Inc), Shop Lease (Wasatch Food Services Inc)

Holding Over. Should Tenant, or any Tenant shall have no right to remain in possession of its successors in interest, hold over the Premises all or any part thereof of the Premises after the expiration or earlier termination of this Lease without the Term. If Tenant remains in possession of all or any part of the Premises after the expiration of the Term, with the express or implied consent of Landlord’s prior written consent, : (a) such holding over tenancy shall constitute and be construed as deemed to be a tenancy at sufferance only, at a monthly rent equal to two hundred percent ; (200%b) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in constitute a renewal or extension of this Lease for any further Term; and (c) such tenancy may be terminated by Landlord upon the earlier of five (5) days’ prior written notice or the earliest date permitted by law. In the event Tenant remains in possession after the expiration of the Term, Monthly Base Rent shall be increased to an amount equal to one hundred fifty percent (150%) of the Monthly Base Rent payable during the last month of the Term as it may have been extended, and any other sums due under this Lease shall be payable in the amount and at the times specified in this Lease. Such tenancy at sufferance shall be subject to every other term, condition, and covenant contained in this Lease. The foregoing provisions of this Section 17.14 Article 34.11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration or termination of this Lease and/or despite demand to remove all Tenant’s fixture and/or personal property pursuant to this Leasedo so by Landlord, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including including, without limitation, any claim made by any succeeding tenant founded on or resulting from such failure to surrender by Tenant and any attorneys’ attorney’s fees and costs incurred by Landlord with respect to any such claimcosts.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Zillow Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 2 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination for the initial two (2) months of holdover, and two hundred percent (200%) of the Base Basic Rent payable for month immediately preceding the final date of termination for each month of holdover thereafter, or (b) the Term then currently scheduled Basic Rent for comparable space in the Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 2 contracts

Samples: Industrial Lease (Cryocor Inc), Industrial Lease (Cryocor Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without Landlord’s the prior written consentconsent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be construed as tenancy at sufferance onlysubject to all of the terms of this Lease, at a except that the monthly rent equal to two Basic Rent shall be one hundred fifty percent (200150%) of the Base Basic Rent payable for the final month immediately preceding the date of termination, which amount shall be subject to increase by Landlord during the Term holdover period upon thirty (30) days written notice from Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 2 contracts

Samples: Lease (Endwave Corp), Lease (Endwave Corp)

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding the Term. If Tenant holds over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as a tenancy from month to month tenant at sufferance only, at a monthly rent and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any such holdover period shall be equal to two one hundred fifty percent (200150%) of the Monthly Base Rent payable for the final month of the Term of in effect under this Lease and otherwise upon the terms and conditions in the Leaseimmediately prior to such holdover, except that Landlord may terminate the tenancy prorated on 10 days prior written notice to Tenanta daily basis. The acceptance Acceptance by Landlord of Rent rent after such expiration or early earlier termination shall will not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 Paragraph 11 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration of this Lease and/or in accordance with the terms of this Paragraph 11 despite demand to remove all Tenant’s fixture and/or personal property pursuant to this Leasedo so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless for, from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including consequential damagesattorneys' fees and costs), loss and liabilityincluding, including without limitation, any claim costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from such Tenant's failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Industrial Lease (Cutter & Buck Inc), Industrial Lease (Cutter & Buck Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to two rental shall be one hundred fifty percent (200150%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Leasetermination, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with subject to Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month right to month only, at a monthly rent equal to two hundred percent modify same upon thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 2 contracts

Samples: Office Space Lease, Office Space Lease (Infosonics Corp)

Holding Over. Should 31.1 In the event Tenant, or any party claiming under Tenant, retains possession of its successors in interest, hold over the Premises after the Expiration Date or Termination Date, such possession shall be that of a tenant at sufferance and an unlawful detainer. No tenancy or interest shall result from such possession, and such parties shall be subject to immediate eviction and removal. Tenant or any part thereof after such party shall pay Landlord, as Base Rent for the expiration or earlier period of such holdover, a monthly amount equal to one hundred fifty percent (150%) of (a) the Base Rent for the last period prior to the date of such termination plus (b) Additional Rent attributable to Operating Expenses and Taxes as provided in Article 5 of this Lease without Landlord’s prior written consentduring the time of holdover, such holding over together with all other Additional Rent and other amounts payable pursuant to the terms of this Lease. Notwithstanding the foregoing, Tenant shall constitute and not be construed as required to pay during any holdover period any amounts attributable to the Additional Allowance or the Amortization Rate. Such tenancy at sufferance onlyshall be subject to every other applicable term, at covenant and agreement contained herein. Tenant shall also be liable for any and all damages sustained by Landlord as a monthly rent equal to two hundred percent (200%) result of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicablesuch holdover. Should Tenant, or any of its successors in interest, hold over Tenant shall vacate the Premises or any part thereof after the expiration or earlier termination and deliver same to Landlord immediately upon Tenant’s receipt of this Lease with notice from Landlord to so vacate. The Rent during such holdover period shall be payable to Landlord on demand. Landlord’s prior written consent, such holding acceptance of Rent if and after Tenant holds over shall constitute and be construed as a not convert Tenant’s tenancy from month at sufferance to month only, at a monthly rent equal to two hundred percent (200%) any other form of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions the Term of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold unless otherwise specified by notice from Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimTenant.

Appears in 2 contracts

Samples: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)

Holding Over. Should Tenant, or any Tenant shall pay Landlord for each day Tenant retains possession of its successors in interest, hold over the Leased Premises or any part thereof of them after the expiration or earlier termination of this Lease without by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be one Hundred fifty Percent (150%) of the Minimum Monthly Rent for the last period prior to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance then required to be paid hereunder, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s prior written consentelection to such effect, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term renewal of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as for a tenancy period from month to month onlythe Holdover Rate, at a monthly rent equal to two hundred percent (200%) of but if the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the LeaseLandlord does not so elect, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The no such renewal shall result notwithstanding acceptance by Landlord of Rent any sums due hereunder after such expiration or early termination termination; and instead, a tenancy at sufferance at the Holdover Rate shall not result in a renewal or extension of this Leasebe deemed to have been created. The foregoing provisions In any event, no provision of this Section 17.14 are in addition 33.2 shall be deemed to and do not affect waive Landlord’s right of re-entry reentry or any other rights of Landlord hereunder right under this Lease or as otherwise provided by at law. If Additionally, in the event that upon termination of the Lease, Tenant fails has not fulfilled its obligation with respect to surrender repairs and cleanup of the Leased Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to or any other Tenant obligations as set forth in this Lease, Tenant then Landlord shall indemnify have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and hold Landlord harmless forexpense, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred time required by Landlord with respect to any complete such claimobligations shall be considered a period of holding over and the terms of this section shall apply.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Puma Biotechnology, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant does not vacate the Premises or any part thereof after upon the expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and Tenant will be construed as tenancy a tenant at sufferance onlyfor the holdover period and all of the terms and provisions of this Lease will be applicable during that period, at a monthly rent except that Tenant will pay Landlord (in addition to Additional Rent and any other sums payable under this Lease) as Base Rent for the period of such holdover an amount equal to two hundred percent (200%) of times the Base Rent which would have been payable for by Tenant had the final month holdover period been a part of the Term original term of this Lease and otherwise upon the terms and conditions in the Lease, so far (without waiver of Landlord's right to recover damages as applicablepermitted by law). Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after Upon the expiration or earlier termination of this Lease with Landlord’s prior written consentLease, such Tenant agrees to vacate and deliver the Premises, and all keys thereto, to Landlord upon delivery to Tenant of notice from Landlord to vacate. The rental payable during the holdover period will be payable to Landlord on demand. No holding over shall constitute and be construed as a tenancy from month by Tenant, whether with or without the consent of Landlord will operate to month only, at a monthly rent equal to two hundred percent (200%) of extend the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension term of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Tenant indemnifies Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant due to Tenant's failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimtimely vacate the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Paragon Financial Corp), Lease Agreement (Sagemark Companies LTD)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant does not vacate the Leased Premises or any part thereof after upon the expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute constitute, and be construed as as, a tenancy at sufferance only, will at a monthly rent daily rental equal to two hundred percent one-thirtieth (200%1/30th of an amount equal to, in addition to Additional Rent, one and one-half (11/2) of times the Base Rent payable for being paid by Tenant immediately prior to the final month expiration or termination of the Term Lease, and all other terms and provisions of this Lease shall apply during such holdover period (with the exclusion of any expansion or renewal options). During such holdover period, Tenant agrees to vacate and otherwise upon deliver the terms and conditions in Leased Premises to Landlord within thirty (30) days of Tenant’s receipt of notice from Landlord to vacate. Landlord may give such notice pursuant to the Lease, so far as applicablenotice provisions of Section 14.07 herein or by e-mail or facsimile transmission. Should Tenant agrees to pay the rental payable during the holdover period to Landlord on demand. No holding over by Tenant, whether with or any without the consent of its successors in interestLandlord and notwithstanding receipt by Tenant of an invoice from Landlord for holdover rent, hold over will operate to extend the Premises or any part thereof after the expiration or earlier termination Term. Additionally, Tenant shall pay to Landlord all damages sustained by Landlord as a result of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Tenant without Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawconsent. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseFor purposes hereof, Tenant shall indemnify and hold considered to have vacated the Leased Premises only at such time as it has delivered the Leased Premises to Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made in the condition required by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimSection 5.05.

Appears in 2 contracts

Samples: Lease Agreement (Oxford Immunotec Global PLC), Lease Agreement (Oxford Immunotec Global PLC)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises If Tenant fails to surrender all or any part thereof of the Premises at the termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 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 expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) extend the Term or prevent Landlord from immediate recovery of possession of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, Premises by summary proceedings or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawotherwise. If Tenant fails to surrender vacate the Premises on within 30 days after Landlord notifies Tenant that Landlord has entered into a lease for the expiration of this Lease and/or Premises or has received a bona fide offer to remove all lease the Premises and that Landlord will be unable to deliver possession or perform improvements due to Tenant’s fixture and/or personal property pursuant holdover, and if Landlord is unable to this Leasedeliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, then Tenant shall indemnify and hold Landlord harmless for, from and against be liable for all claims, damages, including but not limited to consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting that Landlord suffers from such failure the holdover as a result of Landlord’s inability to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimso deliver possession of the Premises or perform improvements.

Appears in 2 contracts

Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to two rental shall be one hundred fifty percent (200150%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Leasetermination, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with subject to Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month right to month only, at a monthly rent equal to two hundred percent modify same upon thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 2 contracts

Samples: Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (Intercept Pharmaceuticals Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant continues to occupy the Original Premises or any part thereof after the expiration or earlier termination Original Premises Vacation Date (as defined in Section 1 above), occupancy of this Lease without Landlord’s prior written consent, such holding over the Original Premises subsequent to the Original Premises Vacation Date shall constitute and be construed as that of a tenancy at sufferance onlyand in no event for month-to-month or year-to-year, at but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of the Lease and shall pay for its use and occupancy an amount (on a monthly rent per month basis without reduction for any partial months during any such holdover) equal to two hundred percent (200%) twice the sum of the Base Rent payable and Additional Rent due for the final month period immediately preceding such holding over, provided that in no event shall Base Rent and Additional Rent during the holdover period be less than the fair market rental for the Original Premises. No holding over by Tenant in the Original Premises or payments of money by Tenant to Landlord after the Original Premises Vacation Date shall be construed to prevent Landlord from recovery of immediate possession of the Term Original Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of this Lease and otherwise upon the terms and conditions any holding over by Tenant in the LeaseOriginal Premises, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify Landlord against any and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding other tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred or prospective tenant against Landlord for delay by Landlord with respect in delivering possession of the Original Premises to any such claimother tenant or prospective tenant.

Appears in 2 contracts

Samples: Office Lease Agreement (Opta Corp), Utix Group Inc

Holding Over. Should Tenant, or any Provided that Tenant gives Landlord written notice of its successors intention to hold over, and gives such notice at least sixty (60) days prior to the expiration of this Lease and provided further that Tenant continues to pay Rent and fulfill all of its obligations under this Lease, and Landlord consents in interestwriting to such holding over, hold over the same shall be a month to month tenancy. If Tenant shall remain in possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term with Landlord's consent, Tenant agrees to pay to Landlord for each month of such retention a Minimum Rent of 150% of the Minimum Rent required to be paid by Tenant under this Lease for the last full month period prior to the date of such expiration, and such continuing tenancy shall otherwise upon be under the terms and conditions in the Lease, herein specified so far as applicable, including the payment of Additional Rent as herein provided. Should TenantIn such event, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right the payment of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leaseforegoing increased rentals, Tenant shall indemnify agrees to indemnify, defend and hold Landlord harmless for, from and against all losses, costs, claims, damagesliabilities and expenses (including without limitation attorneys' fees and expenses) sustained by Landlord by reason of such continuing tenancy (including, including consequential damages, loss and liability, including without limitation, any claim made claims for damages by any succeeding tenant resulting from other person to whom Landlord may have leased or have proposed to lease or sold or have proposed to sell all or any part of the Premises). This provision is in addition to, and does not affect or waive, Landlord's right of reentry or any other right or remedy available to Landlord on account of conflicts of such failure holding over. Any holding over without Landlord's written consent shall entitle Landlord to surrender recover possession of the Premises and exercise any and all rights provided Landlord by Tenant this Lease and any attorneys’ fees and costs incurred by Landlord with respect to any such claimapplicable law.

Appears in 2 contracts

Samples: Lease (Daily Journal Corp), Lease (Daily Journal Corp)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture 's fixtures and/or personal property pursuant to this LeaseSection 9.1 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 2 contracts

Samples: Lease Agreement (Schnitzer Steel Industries Inc), Lease Agreement (Schnitzer Steel Industries Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant does not vacate the Premises or any part thereof after upon the expiration or earlier termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and Tenant will be construed as tenancy a tenant at sufferance onlyfor the holdover period and all of the terms and provisions of this Lease will be applicable during that period, at a monthly rent except that Tenant will pay Landlord (in addition to Additional Rent and any other sums payable under this Lease) as Base Rent for the period of such holdover an amount equal to two hundred percent one and one-half (200%1.5) of times the Base Rent which would have been payable for by Tenant had the final month holdover period been a part of the Term original term of this Lease and otherwise upon the terms and conditions in the Lease, so far (without waiver of Landlord's right to recover damages as applicablepermitted by law). Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after Upon the expiration or earlier termination of this Lease with Landlord’s prior written consentLease, such Tenant agrees to vacate and deliver the Premises, and all keys thereto, to Landlord upon delivery to Tenant of notice from Landlord to vacate. No holding over shall constitute and be construed as a tenancy from month by Tenant, whether with or without the consent of Landlord will operate to month only, at a monthly rent equal to two hundred percent (200%) of extend the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension term of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Tenant indemnifies Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant due to Tenant's failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimtimely vacate the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Orthodontic Centers of America Inc /De/), Lease Agreement (Orthodontic Centers of America Inc /De/)

Holding Over. Should Tenant, If Subtenant occupies (or any of its successors in interest, hold over claims the right to occupy) the Subleased Premises or any part thereof portion of the Subleased Premises after the expiration or earlier termination of this Lease Sublease without Landlord’s prior written consenthaving entered into a new sublease of the Subleased Premises with Sublandlord, such holding over Subtenant shall constitute and be construed as tenancy at a tenant-at-sufferance only, at a monthly rent shall be subject to all of the terms and provisions of this Sublease, and shall pay, as use and occupation each month, an amount equal to two one hundred fifty percent (200150%) of the monthly Base Rent payable payments and one hundred percent (100%) of the Additional Rent payments in effect for the final last full calendar month preceding the date of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease Sublease. Such a holding over, even if with Landlord’s prior written consentthe consent of Sublandlord, such holding over shall not constitute and be construed as a tenancy from month at will or an extension or renewal of this Sublease, and shall not diminish or affect Sublandlord’s right to month only, at a monthly rent equal to two hundred percent (200%) recover possession of the Base Rent payable for Subleased Premises by self help, re-entry by summary proceedings or otherwise, the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to Sublease, judicial process or otherwise. Subtenant shall save Sublandlord harmless and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasewill exonerate, Tenant shall defend, indemnify and hold Landlord harmless for, Sublandlord from and against any and all claims, damages, including consequential damages, loss damages and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimexpenses that Sublandlord suffers on account of Subtenant’s holding over in the Subleased Premises after the expiration or sooner termination of the term of this Sublease.

Appears in 2 contracts

Samples: Sublease Agreement (Biofrontera AG), Sublease Agreement (Biofrontera AG)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant does not vacate the Leased Premises or any part thereof after upon the expiration or earlier termination of this Lease without LandlordLease, as may be extended by Tenant pursuant to Tenant’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) exercise of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions option to extend set forth in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant Rider “1” attached to this Lease, Tenant shall be deemed to be holding over, and all of the terms and provisions of this Lease shall be applicable during the holdover period, except that (i) the term of Tenant’s tenancy shall be terminable at any time by either party and (ii) Tenant shall pay Landlord (in addition to additional rent and any other sums payable under this Lease) as base rental for the period of such holdover an amount equal to two (2) times the greater of (a) the Base Rent which was payable by Tenant during the last month of the initial Lease Term or (b) the then current market rent for the Leased Premises (without waiver of Landlord’s right to recover damages as permitted by law). Upon the expiration of this Lease, Tenant agrees to vacate and deliver the Leased Premises (and all keys thereto) in good condition, to Landlord upon delivery to Tenant of notice from Landlord to vacate. The Rent payable during the holdover period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without the consent of Landlord, shall operate to extend the Lease Term. Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant or prospective tenant against Landlord resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred delay by Landlord with respect in delivering possession of the Leased Premises to any such claimother tenant or prospective tenant.

Appears in 2 contracts

Samples: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to two Basic Rent shall be the greater of (a) one hundred fifty percent (200150%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 2 contracts

Samples: Industrial Lease (Mai Systems Corp), Industrial Lease (Immersion Corp)

Holding Over. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration Expiration Date or earlier other termination of this Lease without Landlord’s prior written consentLease, such holding over shall constitute and not be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term renewal of this Lease and otherwise upon but shall create a tenancy-at-sufferance. Tenant shall continue to be bound by all of the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that during such tenancy-at-sufferance Tenant shall pay to Landlord may terminate (i) Base Rent at the tenancy rate equal to one hundred and ten percent (110%) of that provided for as of the expiration or termination date, and (ii) any and all Operating Expenses and other forms of Additional Rent payable under this Lease. The increased Rent during such holding over is intended to compensate Landlord partially for losses, damages and expenses, including frustrating and delaying Landlord’s ability to secure a replacement tenant. If Landlord loses a prospective tenant because Tenant fails to vacate the Premises on 10 the Expiration Date or any termination of the Lease after notice to do so, then Tenant will be liable for such damages as Landlord can prove because of Tenant’s wrongful failure to vacate. In the case that the Tenant has given Landlord 60 days prior written notice of a Hold Over and the Landlord agrees to Tenant. The acceptance by Landlord such Hold Over then the damages and increased Rent of Rent after such expiration or early termination this section shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimapply.

Appears in 2 contracts

Samples: Office Lease (Active Network Inc), Ground Sublease Agreement (Spherix Inc)

Holding Over. Should TenantAny holding over after the expiration or termination of this lease with the written consent of Landlord shall be construed to be a tenancy from month to month at double the monthly rent as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month to month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord’s right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord’s consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) retention double the amount of the Base Rent payable for daily rental an effect during the final last month prior to the date of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Leasetermination. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall also indemnify and hold Landlord harmless forfrom any loss, liability and expense (including, but not limited to, attorneys fees) resulting from and against all claims, damages, including consequential damages, loss and liabilitydelay by Tenant in surrendering the Premises, including without limitation, limitation any claim claims made by any succeeding tenant resulting from founded on such failure to surrender by Tenant and any attorneys’ fees and costs incurred delay. Acceptance of rent by Landlord with respect following expiration or termination shall not constitute a renewal of this lease, and nothing contained in this paragraph shall waive Landlord’s right to re entry or any such claimother right. Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s written consent.

Appears in 2 contracts

Samples: Entire Agreement (Southwall Technologies Inc /De/), Entire Agreement (Southwall Technologies Inc /De/)

Holding Over. Should Tenant, or any If Tenant retains possession of its successors in interest, hold over the Premises or any part thereof after the expiration end of the Term or earlier termination of Tenant’s right to possession of the Premises (it being agreed that Tenant’s failure to timely remove all Tenant’s Property and all the Required Removables from the Premises shall also be considered a retention of the Premises by Tenant), then such retention of possession shall be considered a tenancy “at will” or “sufferance” (and not a month-to-month tenancy), and Tenant shall pay Rent for such holding over in an amount equal to 150% of the monthly Rent in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Tenant remains in possession. In addition to the payment of the amounts provided above, if Landlord is unable to timely deliver possession of the Premises to a new tenant as a result of Tenant’s holdover then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages that Landlord suffers from the holdover. In addition, at any time while Tenant remains in possession, Landlord may elect instead, by written notice to Tenant and not otherwise, to have such retention of possession constitute a renewal of this Lease without for a month-to-month tenancy at the fair market rent for the Premises as reasonably determined by Landlord’s , but in no event less than the Rent payable immediately prior written consent, to such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantover. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect waive Landlord’s right of re-entry or right to regain possession by actions at Law or in equity or any other rights hereunder, and any receipt of payment by Landlord hereunder or as otherwise provided shall not be deemed a consent by law. If Tenant fails Landlord to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimTenant.

Appears in 1 contract

Samples: Industrial Lease Agreement (Ufp Technologies Inc)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises all or any part thereof of the Premises after the expiration or earlier termination of this Lease without Landlord’s prior written consentExpiration Date, then such holding over shall constitute and be construed as a tenancy at sufferance onlysufferance, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon entire Premises, subject to the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall pay monthly installments of Rent (determined on a per month basis without reduction for partial months during the tenancy on 10 days holdover) equal to 150% of the monthly installment of Rent in effect immediately prior written notice to Tenantsuch holding over. The acceptance This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of Rent by Landlord of Rent after such following expiration or early termination shall not result in a renewal or constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease. The foregoing provisions Lease to the contrary, any holdover by Tenant shall constitute an Event of Default on the part of Tenant under this Section 17.14 are Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in addition to and do not affect Landlord’s right the case of re-entry or any other rights an Event of Landlord hereunder or as otherwise provided Default by lawTenant. If Tenant fails to surrender remains in possession of all or any part of the Premises on after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, then Tenant shall indemnify and hold Landlord harmless for, from and against all claimsLosses (including, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant consequential damages) resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 Lease Expiration Date and any related attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 1 contract

Samples: Lease (Repro Med Systems Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant occupies the Premises or any part thereof after the expiration Lease Expiration Date (or earlier termination of this Lease Lease) without having entered into a new lease of the Premises with Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as tenancy at a tenant-at-sufferance only, at a monthly rent equal shall be subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and provisions of this Lease, and shall pay as use and occupation each month an amount equal to 150% of the monthly Basic Rent payments in effect for the last full calendar month preceding the Lease Expiration Date (or the date of earlier termination). Such a holding over, even if with the consent of Landlord, and regardless of any conditions or restrictions set forth on checks or payments made to Landlord (whether or not Landlord places restrictive endorsements on such checks or payments), shall not constitute a tenancy at will or an extension or renewal of this Lease, and shall not diminish or affect Landlord’s right to recover possession of the Premises by self help, re-entry by summary proceedings, the provisions of this Lease, judicial process, or otherwise. Tenant shall save Landlord harmless and will exonerate, defend, and indemnify Landlord from and against any and all damages that Landlord suffers on account of Tenant’s holding over in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier sooner termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall not be liable for any consequential damages during the tenancy on 10 first 60 days prior written notice of such holdover. Tenant will be obligated to Tenant. The acceptance by Landlord of Rent comply with Section 9.24.1 even if Tenant holds over after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are Tenant hereby indemnifies Landlord against any liability resulting from delay by Tenant in addition to surrendering and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender yielding up the Premises on upon the termination or expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damagesas provided herein, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant resulting from or prospective tenant founded upon such delay or failure to surrender by yield up the Premises in the condition specified in Section 9.24.1, except that Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any shall not incur such claimliability during the first 60 days of such holdover.

Appears in 1 contract

Samples: Lease (Wave Life Sciences Pte LTD)

Holding Over. Should Tenant12.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, or any of because Landlord will (a) require an extensive period to locate a replacement tenant, and (b) plan its successors entire leasing and renovation program for the Building in interest, hold over reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises or any part thereof after at the expiration or earlier termination of this the Lease without Landlord’s prior written consentTerm, such holding over shall constitute then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be construed suffered by Landlord as tenancy at sufferance onlya result thereof, at a monthly rent equal to two hundred percent (200%) of far exceed the Base Rent and additional rent that would have been payable for had the final month of the Lease Term of this Lease and otherwise upon the terms and conditions in the Leasecontinued during such holdover period. Therefore, so far as applicable. Should Tenant, or any of its successors in interest, hold over if Tenant does not immediately surrender the Premises or any part thereof after upon the expiration or earlier termination of this the Lease with Landlord’s prior written consentTerm, such holding over then the rent shall constitute be increased to equal the greater of (1) fair market rent for the Premises, or (2) one and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent one-half (200%1.5) of times the Base Rent Rent, additional rent and other sums that would have been payable for pursuant to the final month of the Term provisions of this Lease if the Lease Term had continued during such holdover period. Such rent shall be computed on a monthly basis and otherwise shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Landlord's acceptance of such rent shall not in any manner adversely affect Landlord's other rights and remedies, including Landlord's right to evict Tenant and to recover damages. Notwithstanding the foregoing, if Landlord consents in writing to Tenant holding over at the expiration or earlier termination of the Lease Term (which consent may be withdrawn by Landlord upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 giving of thirty (30) days prior written notice to Tenant. The acceptance by Landlord ), then the rent during such holdover period shall be the greater of Rent after such expiration (1) fair market rent for the Premises, or early termination shall not result in a renewal or extension of this Lease. The foregoing (2) the Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender Lease if the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from Term had continued during such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimholdover period.

Appears in 1 contract

Samples: Lease Agreement (Markland Technologies Inc)

Holding Over. Should Tenant, or If Tenant holds over for any of its successors in interest, hold over the Premises or any part thereof period after the expiration Expiration Date (or earlier termination of this Lease the Term) without Landlord’s the prior written consentconsent of Landlord, such tenancy shall constitute a tenancy at sufferance only and a Default by Tenant; such holding over with the prior written consent of Landlord shall constitute and be construed as a month-to-month tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of commencing on the Base Rent payable for 1st day following the final month of the Term termination of this Lease and otherwise upon terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 monthly rental shall be 150% of the total monthly rental for the month immediately preceding the date of termination, subject to Landlord’s right to modify same upon 30 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant that Landlord 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, and 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 in a renewal of Tenant’s holdover, then Tenant shall be liable for all damages that Landlord suffers from the holdover. Tenant shall also indemnify and hold Landlord harmless from all loss or extension of this Leaseliability. including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 15.1 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Lease (Axonics Modulation Technologies, Inc.)

Holding Over. Should TenantIf Tenant shall holdover after the expiration of the Term, or any of its successors in interestrenewal or extensions hereof, hold over with the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consentconsent of Landlord, such holding over tenancy shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, and not a renewal hereof; and Tenant agrees to pay monthly installments of Base Rent at a monthly rent equal to two hundred percent (200%) 120% the rate of the monthly installments of Base Rent payable due for the final last full month of the Term, and also to comply with all covenants of this Lease for the time Tenant holds over. Tenant shall be entitled to possession until Landlord has given Tenant seven (7) days notice that such month to month tenancy shall be terminated, so long as Tenant is not in default. In the event Tenant remains in possession of the Premises after the expiration of the Term, or any renewal or extensions hereof without the express written consent of Landlord, (a) Tenant shall become a tenant at sufferance upon the terms of this Lease except that Tenant shall then be obligated to pay monthly installments of Base Rent at 120% the rate of the monthly installments of Base Rent due for the last full month of the Term for so long as Landlord is kept out of this Lease possession of the Premises and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance (b) Tenant shall be responsible for all damages suffered by Landlord of Rent after such expiration resulting from or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided occasioned by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damagesholding over, including consequential damages. No such payment of Rent, loss nor the acceptance thereof after expiration of the Term or earlier termination of the Lease shall result in a renewal, extension or reinstatement of this Lease, or shall in any way constitute a waiver of the rights of Landlord to re-enter the Premises or to dispossess Tenant and liability, including without limitation, recover possession of the Premises and the just and former estate of Landlord and to bring any claim made action for damages suffered by any succeeding tenant resulting from such Landlord on account of Tenant’s failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimvacate the Premises.

Appears in 1 contract

Samples: Lease Agreement (Spacedev, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant continues to occupy the Original Premises or any part thereof after the expiration or earlier termination Original Premises Vacation Date (as defined in Section I above), occupancy of this Lease without Landlord’s prior written consent, such holding over the Original Premises subsequent to the Original Premises Vacation Date shall constitute and be construed as that of a tenancy at sufferance onlyand in no event for month-to-month or year-to-year, at but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of the Lease and shall pay for its use and occupancy an amount (on a monthly rent per month basis without reduction for any partial months during any such holdover) equal to two hundred percent (200%) three times the sum of the Base Rent payable and Additional Rent due for the final month period immediately preceding such holding over, provided that in no event shall Base Rent and Additional Rent during the holdover period be less than the fair market rental for the Original Premises. No holding over by Tenant in the Original Premises or payments of money by Tenant to Landlord after the Original Premises Vacation Date shall be construed to prevent Landlord from recovery of immediate possession of the Term Original Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of this Lease and otherwise upon the terms and conditions any holding over by Tenant in the LeaseOriginal Premises, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify Landlord against any and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding other tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred or prospective tenant against Landlord for delay by Landlord with respect in delivering possession of the Original Premises to any such claimother tenant or prospective tenant.

Appears in 1 contract

Samples: Lease (Access Integrated Technologies Inc)

Holding Over. Should Tenant, or any of its successors in interestwithout Landlord's written consent, hold over after termination of this Lease, Tenant shall become a tenant from month to month, only upon each and all of the terms herein provided as may be applicable to a month to month tenancy and any such holding over shall not constitute an extension of this Lease. During such holding over, Tenant shall pay in advance, monthly, rent at one hundred fifty percent (150%) of 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 to any holding over of the Premises or any part thereof after 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 this the Term. If Landlord notifies Tenant in writing at least thirty (30) days prior to the Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except Expiration Date that Landlord may terminate has signed proposal from a succeeding tenant to lease the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to Premises, and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If if Tenant fails to surrender the Premises on upon the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify agrees to indemnify, defend and hold Landlord harmless forfrom all costs, from and against all claimsloss, damages, including consequential damages, loss and expense or liability, including without limitation, any claim claims made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees real estate brokers claims and costs incurred by Landlord with respect to any such claimattorney's fees.

Appears in 1 contract

Samples: Kushner Locke Co

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at a monthly rent equal to two hundred percent commencing on the first (200%1st) of day following the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentLease. However, such holding should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall constitute be deemed effected and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of neither party shall terminate this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rental shall be one hundred fifty percent (150%) of the total monthly rental for the month immediately preceding the date of termination, subject to Landlord's right to modify same upon thirty (30) days notice to Tenant. The acceptance If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender, provided that Tenant was notified of the existence of such succeeding tenant. Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Acacia Research Corp

Holding Over. Should Tenant, or any In the event of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier termination of this Lease without Landlord’s the prior written consentconsent of Landlord, Tenant shall pay as liquidated damages one and one-half times the monthly amount of Base Rental and Forecast Additional Rental which was payable by Tenant immediately prior to such expiration or termination. Landlord and Tenant agree that because of the difficulty or impossibility of determining Landlord's actual damages as a result of Tenant's holding over shall constitute in the Leased Premises, the difficulties of proof of loss, and the inconvenience or nonfeasibility of Landlord otherwise having a remedy for such breach, the liquidated damages calculated according to the foregoing formula is a reasonable amount to be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of paid for such breach. No holding over by Tenant after the Base Rent payable for the final month of the Term term of this Lease and otherwise upon shall be construed to extend this Lease. If Landlord shall have given Tenant not less than sixty (60) days prior written notice of the terms and conditions in the Lease, so far as applicable. Should Tenant, date that Tenant must surrender possession of all or any portion of its successors the Leased Premises due to a reletting thereof, and Tenant shall holdover in interest, hold over the Premises or any part thereof such space after the expiration date specified in such notice, then in addition to the liquidated damages stipulated above, Tenant shall also indemnify Landlord against all actual and consequential damages, losses and liabilities (including reasonable attorneys' fees and costs of suit) arising out of or earlier termination relating to any such unauthorized holdover, resulting from claims for damages by the other tenant to whom Landlord has leased such space. Any holding over with the prior consent of Landlord in writing shall thereafter constitute this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy lease from month to month only, and shall create a tenancy at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease sufferance relationship between Landlord and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Lease Agreement (Howell Corp /De/)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without Landlord’s the prior written consentcontent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be construed as tenancy at sufferance onlysubject to all of the terms of this Lease, at a except that the monthly rent equal to two Basic Rent shall be one hundred fifty percent (200150%) of the Base greater of (a) the Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Lease (Micrus Corp)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseSection 9.1 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

Holding Over. Should TenantTenant will, or any of its successors in interest, hold over the Premises or any part thereof after at the expiration or earlier termination of this Lease without Agreement, whether by lapse of time or termination, give up immediate possession to Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only. If Tenant fails to give up possession the Landlord may, at a monthly rent equal to two hundred percent its option, serve written notice upon Tenant that such holdover constitutes any one of (200%i) of the Base Rent payable for the final month of the Term renewal of this Lease Agreement for one year, and otherwise from year to year thereafter, or (ii) creation of a month-to-month tenancy, or (iii) creation of a tenancy at sufferance. If Landlord does not give said notice, Tenant's holdover shall create a tenancy at sufferance. In any such event the tenancy shall be upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the LeaseAgreement, except that the Minimum Rental shall be double the Minimum Rental Tenant was obligated to pay Landlord may terminate under this Lease Agreement immediately prior to termination (in the case of tenancy at sufferance such Minimum Rental shall be prorated on 10 days the basis of a 365 day year for each day Tenant remains in possession); excepting further that in the case of a tenancy at sufferance, no notices shall be required prior written notice to commencement of any legal action to gain repossession of the Premises. In the case of a tenancy at sufferance, Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The acceptance provisions of this paragraph shall not constitute a waiver by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s any right of re-entry otherwise available to Landlord; nor shall receipt of any rent or any other rights act in apparent affirmance of Landlord hereunder or the tenancy operate as otherwise provided by law. If Tenant fails a waiver of the right to surrender the Premises on the expiration of terminate this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender Agreement for a breach by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimhereof.

Appears in 1 contract

Samples: Lease Agreement (Health Fitness Physical Therapy Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold Tenant shall have no legal right to holdover. If Tenant holds over the Premises or any part thereof after expiration of the expiration or earlier termination term of this Lease without Landlord’s prior written consentLease, such holding over shall shall, at Landlord’s option, constitute and be construed as tenancy at sufferance onlya month-to-month tenancy, at a monthly rent equal to two one hundred twenty-five percent (200125%) of the Base Minimum Monthly Rent payable for in effect immediately prior to such holding over and shall otherwise be on all the final month of the Term of this Lease and otherwise upon the other terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions Landlord’s acceptance of any payment provided hereunder 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 49 32730.018 - 276230.10 4836-3652-8809v15/100382-1012 renewal of this Section 17.14 are in addition to and do not affect Landlord’s right Lease or extension of re-entry or any other rights of Landlord hereunder or the Lease term except as otherwise provided by lawspecifically set forth above. If Tenant fails to surrender the Premises on the upon expiration or earlier termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant or liability resulting from such or arising out of Tenant’s failure to surrender by 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 about whom Tenant is notified) and any attorneys’ related attorney’s fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 1 contract

Samples: Industrial Lease (Appfolio Inc)

Holding Over. Should Any holding over after the expiration or ------------ termination of this lease (with the written consent of Landlord delivered to Tenant) shall be construed to be a tenancy from month to month at the monthly rent, as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month to month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord's right of re-entry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two retention one hundred fifty percent (200150%) of the Base Rent payable for the final month amount of the Term of this Lease and otherwise upon daily rental in effect during the terms and conditions in last month prior to the Lease, so far as applicable. Should Tenant, date or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination. Tenant shall also indemnify and hold Landlord harmless from any loss or liability resulting from delay by Tenant in surrendering the Premises including without limitation, any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of lease, and nothing contained in this Section 17.14 are in addition to and do not affect paragraph shall waive Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawright. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold be only a Tenant at sufferance, whether or not Landlord harmless foraccepts any rent from Tenant, from and against all claims, damages, including consequential damages, loss and liability, including while Tenant is holding over without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord's written consent.

Appears in 1 contract

Samples: Work Letter Agreement (Ebay Inc)

Holding Over. Should Tenant, or If Tenant holds over for any of its successors in interest, hold over the Premises or any part thereof period after the expiration Expiration Date (or earlier termination of this Lease the Term) without Landlord’s the prior written consentconsent of Landlord, such tenancy shall constitute a tenancy at sufferance only and an Event of Default by Tenant; such holding over with the prior written consent of Landlord shall constitute and be construed as a month-to-month tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of commencing on the Base Rent payable for 1st day following the final month of the Term termination of this Lease and otherwise upon terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate for the tenancy on 10 first 60 days prior written of such holdover, the monthly rental shall be 150% of the total monthly rental for the month immediately preceding the date of termination. Thereafter, such monthly rental rate shall be subject to Landlord’s right to modify same upon 30 days’ notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises following the expiration of this LeaseLease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 15.1 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Lease (Masimo Corp)

Holding Over. Should Tenant, or any In the event of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier other termination of this Lease without Landlord’s prior written consentor in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Articles XXII and XXIII hereof, occupancy of the Premises subsequent to such holding over termination or expiration shall constitute and be construed as that of a tenancy at sufferance onlyand in no event for month-to-month or year-to-year, at a monthly rent equal but Tenant shall, throughout the entire holdover period, be subject to two hundred percent (200%) of all the Base Rent payable for the final month of the Term terms and provisions of this Lease and otherwise upon shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to twice the terms sum of the Base Rental and conditions Additional Base Rental due for the period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the Lease, so far as applicableholdover period be less than the fair market rental for the Premises. Should Tenant, No holding over by Tenant or any payments of its successors in interest, hold over the Premises or any part thereof money by Tenant to Landlord after the expiration or earlier termination of the term of this Lease with Landlord’s prior written consentshall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. In addition to the obligation to `pay the amounts set forth above during any such holdover period, such Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over shall constitute by Tenant, and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify Landlord against any and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding other tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred or prospective tenant against Landlord for delay by Landlord with respect in delivering possession of the Premises to any such claimother tenant or prospective tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Symbion Inc/Tn)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to two Basic Rent shall be the greater of (a) one hundred seventy-five percent (200175%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Sublease Agreement (Artest Corp)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without Landlord’s the prior written consentconsent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be construed as tenancy at sufferance onlysubject to all of the terms of this Lease, at a except that the monthly rent equal to two Basic Rent shall be one hundred fifty percent (200150%) of the Base greater of (a) the Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term fair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Lease (Molecular Devices Corp)

Holding Over. Should TenantTenant will, at the termination of this lease by lapse of time or any of its successors otherwise, yield up immediate possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. If Landlord agrees in interest, writing that Tenant may hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the hold over tenancy shall be subject to termination by Landlord at any time upon not less than fifteen (15) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of this lease shall be applicable during that period, except that Tenant shall pay Landlord from time to time upon demand, as rental for the period of any hold over, an amount equal to double the rent in effect on the termination date, computed on a daily basis for each day of the hold over period. Should Tenant provide nine (9) months prior written consentnotice of its intent to hold over beyond the term, such Tenant shall pay one hundred fifty (150%) percent of the rent in effect on the termination date for the first two (2) months beyond the expiration date, and double rent thereafter. Provided Landlord gives written notice to Tenant that Landlord has entered into a Lease Agreement with a new tenant, Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the premises. No holding over by Tenant, whether with or without consent of Landlord, shall constitute and operate to extend this lease except as otherwise expressly provided. The preceding provisions of this paragraph shall not be construed as tenancy at sufferance only, at a monthly rent equal consent for Tenant to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimover.

Appears in 1 contract

Samples: Lease Agreement (Daleen Technologies Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to two Basic Rent shall be the greater of(a) one hundred fifty, percent (200150%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Industrial Lease (Silicon Storage Technology Inc)

Holding Over. Should Tenant, In the event of holding over by Tenant or any of its successors in interest, hold over the Premises person or any part thereof entity claiming under Tenant after the expiration or earlier other termination of this Lease without LandlordLease, or in the event Tenant continues to occupy the Premises after the termination of Tenant’s prior written consentright of possession pursuant to Section 14.2(b)(ii) hereof, such holding over or possession shall constitute and be construed as a tenancy at sufferance onlysufferance, subject to all of the terms and provisions of this Lease. Tenant shall, throughout the entire holdover period, pay rent at the times and in the manner required by this Lease but at a monthly rent rate equal to two hundred percent (200%) 150% the Base Rental and Additional Rental which would have been applicable had the term of this Lease continued through the period of such holding over by Tenant. No holding over by Tenant after the expiration of the Base Rent payable for the final month of the Term term of this Lease and otherwise upon no acceptance of rent by Landlord during a holdover period, whether with or without the terms and conditions in consent of Landlord, shall be construed to extend the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination term of this Lease with Landlord’s prior written consent, such or prevent Landlord from recovering immediate possession of the Premises by summary proceedings or otherwise unless Landlord has sent notice to Tenant that Landlord has elected to extend the term of the Lease as hereinabove provided. Tenant shall be liable to Landlord for all damage which Landlord may suffer by reason of any holding over shall constitute by Tenant and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify Landlord against any and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding other tenant resulting or prospective tenant against Landlord from such failure to surrender by Tenant and any attorneys’ fees and costs incurred delay by Landlord with respect in delivering possession of the Premises to any such claimother tenant or prospective tenant.

Appears in 1 contract

Samples: Lease Agreement (Ace Cash Express Inc/Tx)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, [except that the monthly rent equal to two Basic Rent shall be the greater of (a) one hundred fifty percent (200150%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder under this or as otherwise provided by at law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Industrial Lease (Oculex Pharmaceuticals Inc /)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at commencing on the first (1st) day following the termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to two rental shall be one hundred fifty percent (200150%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise termination, subject to Landlord's right to modify same upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in a renewal or extension writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this LeaseLease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Diedrich Coffee Inc

Holding Over. Should Tenant, If Tenant occupies (or any of its successors in interest, hold over claims the right to -------------------------- occupy) the Premises or any part thereof after the expiration Lease Expiration Date (or earlier termination of this Lease Lease) without having entered into a new lease of the Premises with Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as tenancy at a tenant-at-sufferance only, at a monthly rent shall be subject to all of the terms and provisions of this Lease, and shall pay as use and occupation each month an amount equal to two hundred percent (200%) of the Base same Basic Rent as was payable for the final last month of the Term Lease for the first two (2) months of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, such hold over period and twice the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable payments in effect for the final last full calendar month preceding the Lease Expiration Date (or the date of earlier termination) thereafter for each month of the Term remainder of this Lease and otherwise upon the terms and conditions in holdover period. Such a holding over, even if with the Leaseconsent of Landlord, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in constitute a tenancy at will or an extension or renewal or extension of this Lease. The foregoing , and shall not diminish or affect Landlord's right to recover possession of the Premises by self help, re-entry by summary proceedings or otherwise, the provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, judicial process, or otherwise. Tenant shall indemnify and hold harmless Landlord harmless for, from and against all claimsloss, damagescost, including consequential damages, loss and liability, including damages and claims incurred by Landlord as a result of any holding over by Tenant, including, without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant all court and arbitration costs, attorneys' fees and expenses and any attorneys’ fees and costs incurred by Landlord with respect other expenses of litigation or arbitration plus any damages on account of inability to deliver possession of the Premises to any such claimsuccessor tenant.

Appears in 1 contract

Samples: Minimum Liability (Yurie Systems Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over If Tenant continues to occupy the Original Premises or any part thereof after the expiration or earlier termination Original Premises Vacation Date (as defined in Section I above), occupancy of this Lease without Landlord’s prior written consent, such holding over the Original Premises subsequent to the Original Premises Vacation Date shall constitute and be construed as that of a tenancy at sufferance onlyand in no event for month-to-month or year-to-year, at but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of the Lease and shall pay for its use and occupancy an amount (on a monthly rent per month basis without reduction for any partial months during any such holdover) equal to two one hundred fifty percent (200150%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) sum of the Base Rent payable and Additional Rent due for the final month period immediately preceding such holding over, provided that in no event shall Base Rent and Additional Rent during the holdover period be less than the fair market rental for the Original Premises. No holding over by Tenant in the Original Premises or payments of money by Tenant to Landlord after the Original Premises Vacation Date shall be construed to prevent Landlord from recovery of immediate possession of the Term Original Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of this Lease and otherwise upon the terms and conditions any holding over by Tenant in the LeaseOriginal Premises, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify Landlord against any and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding other tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred or prospective tenant against Landlord for delay by Landlord with respect in delivering possession of the Original Premises to any such claimother tenant or prospective tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Jamdat Mobile Inc)

Holding Over. Should Tenant, or If Tenant holds over for any of its successors in interest, hold over the Premises or any part thereof period after the expiration Expiration Date (or earlier termination of this Lease without Landlord’s prior written consentthe Term), such holding over tenancy shall constitute and be construed as a tenancy at sufferance only, at a monthly rent equal only and possession shall be subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term terms of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 monthly rental shall be 200% of the total monthly rental for the month immediately preceding the date of termination, except that during the first 60 days prior written notice of such holdover, the monthly rental shall be 150% of Rent for the month immediately preceding the date of termination. After the initial 60 days of such holdover, the monthly rental shall be increased to Tenant200% of the total monthly Rent for the month immediately preceding the date of termination. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant that Landlord 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, and 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 in a renewal of Tenant’s holdover, then Tenant shall be liable for all damages that Landlord suffers from the holdover. Tenant shall also indemnify and hold Landlord harmless from all loss or extension of this Leaseliability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 15.1 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Lease (Connect Biopharma Holdings LTD)

Holding Over. Should TenantAny holding over after the expiration or termination of ------------ this lease with the written consent of Landlord shall be construed to be a tenancy from month to month at the monthly rent, as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month to month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two retention one hundred fifty percent (200150%) of the Base Rent payable for the final month amount of the Term daily rental in effect during the last month prior to the date of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination. Tenant shall also indemnify and hold Landlord harmless from any loss, liability and expense (including, but not limited to, reasonable, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of lease, and nothing contained in this Section 17.14 are in addition to and do not affect paragraph shall waive Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawright. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold be only a tenant at sufferance, whether or not Landlord harmless foraccepts any rent from Tenant, from and against all claims, damages, including consequential damages, loss and liability, including while Tenant is holding over without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord's written consent.

Appears in 1 contract

Samples: Lease (Atmi Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over 36.1. This Lease shall terminate on the Premises or any part thereof after Lease Expiration Date pursuant to the expiration or earlier termination terms of this Lease without the necessity of notice from either Landlord or Tenant. Any holding over by Tenant after the Lease Expiration Date without Landlord’s prior written consentconsent as provided in Section 36.2 shall be an unlawful detainer and Tenant shall be subject to immediate eviction. During such hold over, such holding over all the terms and conditions set forth in this Lease shall constitute and be construed as tenancy at sufferance onlyapply, at a monthly rent except that Tenant shall pay to Landlord Fixed Minimum Rent equal to two one hundred percent and fifty (200150%) percent of Fixed Minimum Rent in effect during the Base Rent payable for the final last month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable(“Hold Over Fee”). Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in In addition to and do not affect Landlord’s right of re-entry or any other rights of paying to Landlord hereunder or as otherwise provided by law. If the Hold Over Fee, if Tenant fails to surrender and vacate the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, Tenant shall indemnify and hold Landlord harmless for, from and against any and all claimsloss, damages, including consequential damages, loss and liability, damages and expenses (including without limitation, attorneys’ fees, the costs of investigation and settlement of any claim claims) sustained or incurred by Landlord on account of or resulting from such failure, including, without limitation, claims made by any succeeding tenant resulting from such failure to surrender by Tenant and of all or any attorneys’ fees and costs incurred part of the Premises or the loss by Landlord with respect of the rent from any succeeding tenant of all or any part of the Premises Landlord may simultaneously collect the Hold Over Fee and pursue any and all remedies against Tenant to any such claimregain possession of the Premises and without prejudice to Landlord’s right to recover possession of the Premises, and Tenant’s payment of the Holdover Fee shall not be deemed to permit Tenant to retain possession of the Premises after the Lease Expiration Date or other termination of the Lease.

Appears in 1 contract

Samples: Carroll Bancorp, Inc.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without Landlord’s the prior written consentconsent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be construed as tenancy at sufferance onlysubject to all of the terms of this Lease, at a except that the monthly rent equal to Basic Rent shall be two hundred percent (200%) of the Base greater of (a) the Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term of this Lease and otherwise upon the terms and conditions then currently scheduled Basic Rent for comparable space in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantProject. The acceptance by Landlord of Rent after such expiration or early termination monthly holdover rental in a lesser amount shall not result constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect writing by Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration of this Lease and/or despite demand to remove all Tenant’s fixture and/or personal property pursuant to this Leasedo so by Landlord, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim claims made by any succeeding tenant resulting from relating to such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.to

Appears in 1 contract

Samples: Lease (Ydi Wireless Inc)

Holding Over. Should TenantAny holding over after the expiration or termination of this lease with the written consent of Landlord shall be construed to be a tenancy from month to month at 150% of the monthly rent as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month-to-month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord’s right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord’s consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a retention 1/30th of 150% of the monthly rent equal monthly rental in effect during the last month prior to two hundred percent (200%) the date of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination. Tenant shall also indemnify and hold Landlord harmless from any loss, liability and expense (including, but not limited to, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including without limitation any claims California Industrial Lease Form made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of lease, and nothing contained in this Section 17.14 are in addition to and do not affect paragraph shall waive Landlord’s right of to re-entry or any other rights of Landlord hereunder or as otherwise provided by lawright. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold be only a Tenant at sufferance, whether or not Landlord harmless foraccepts any rent from Tenant, from and against all claims, damages, including consequential damages, loss and liability, including while Tenant is holding over without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord’s written consent.

Appears in 1 contract

Samples: Entire Agreement (Airxpanders Inc)

Holding Over. Should Tenant, or any In the event of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier other termination of this Lease without Landlord’s prior written consentor in the event Tenant continues to occupy the Premises after the termination of Tenant's right of EXHIBIT 10.7 possession pursuant to Paragraph 22(b) hereof, Tenant shall, throughout the entire holdover period, pay rent equal to 1.5 times the sum of the Base Rental plus the additional rent which would have been applicable had the term of this Lease continued through the period of such holding over by Tenant. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the term of this Lease shall constitute be construed to extend the term of this Lease or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the term of the Lease. Tenant shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. Nothing in this Paragraph or elsewhere in this Lease shall be construed as tenancy at sufferance onlyLandlord granting Tenant permission to holdover, at a monthly rent equal which permission is denied unless Landlord agrees otherwise in writing prior to two hundred percent (200%) the end of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimTerm.

Appears in 1 contract

Samples: Office Lease Agreement (Objectspace Inc)

AutoNDA by SimpleDocs

Holding Over. Should Tenant, or any Tenant shall pay Landlord for each day Tenant retains possession of its successors in interest, hold over the Leased Premises or any part thereof of them after the expiration or earlier termination of this Lease without by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be One Hundred Fifty Percent (150%) of the amount of the Minimum Monthly Rent for the last period prior to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s prior written consentelection to such effect, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term renewal of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as for a tenancy period from month to month onlyat the Holdover Rate, at a monthly rent equal to two hundred percent (200%) of but if the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the LeaseLandlord does not so elect, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The no such renewal shall result notwithstanding acceptance by Landlord of Rent any sums due hereunder after such expiration or early termination termination; and instead, a tenancy at sufferance at the Holdover Rate shall not result in a renewal or extension of this Leasebe deemed to have been created. The foregoing provisions In any event, no provision of this Section 17.14 are in addition 33.2 shall be deemed to and do not affect waive Landlord’s right of re-entry reentry or any other rights of Landlord hereunder right under this Lease or as otherwise provided by at law. If Additionally, in the event that upon termination of the Lease, Tenant fails has not fulfilled its obligation with respect to surrender repairs and cleanup of the Leased Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to or any other Tenant obligations as set forth in this Lease, Tenant then Landlord shall indemnify have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and hold Landlord harmless forexpense, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred time required by Landlord with respect to any complete such claimobligations shall be considered a period of holding over and the terms of this section shall apply.

Appears in 1 contract

Samples: Office Lease (Terns Pharmaceuticals, Inc.)

Holding Over. Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. Should Tenant, or any of its successors in interest, Tenant continue to hold over the Premises or any part thereof after the expiration or earlier termination of this Lease Lease, or after reentry by Landlord without Landlord’s prior written consentterminating this Lease, such holding over shall constitute and be construed as tenancy at sufferance onlyover, at a monthly rent equal unless otherwise agreed to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions by Landlord in the Leasewriting, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month onlyat sufferance and not a tenancy at will, at a monthly rent installments of Rent equal to two to: (a) one hundred twenty-five percent (200125%) of the Base monthly portion of Rent payable in effect as of the date of expiration or earlier termination for the final month first thirty (30) days of any such holding over; and (b) one hundred fifty percent (150%) of the Term monthly portion of Rent in effect as of the date of expiration or earlier termination for any holdover period beyond said thirty (30) day period, and subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any right to additional services. Tenant shall have no right to notice under Official Code of Georgia Annotated Section 44-7-7 of the termination of its tenancy. Tenant shall also be liable to Landlord for all damage which Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify Landlord against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the Term except as otherwise upon the terms expressly provided in a written agreement executed by both Landlord and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord provisions of Rent after such this Paragraph 16 shall survive the expiration or early earlier termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Lease Agreement (Inhibitex Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding ------- over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written ---- consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 16.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss or liability resulting directly and liabilityproximately therefrom, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Lease (Data Critical Corp)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises all or any part thereof of the Premises after the expiration or earlier termination of this Lease without Landlord’s prior written consentExpiration Date, then such holding over shall constitute and be construed as a tenancy at sufferance onlysufferance, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon entire Premises, subject to the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate Tenant shall pay monthly installments of Rent (determined on a per month basis without reduction for partial months during the tenancy on 10 days holdover) equal to 150% of the monthly installment of Rent in effect immediately prior written notice to Tenantsuch holding over. The acceptance This Section shall not be construed as Landlord’s permission for Tenant to holdover. Acceptance of Rent by Landlord of Rent after such following expiration or early termination shall not result in a renewal or constitute an extension of the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Notwithstanding any provision in this Lease. The foregoing provisions Lease to the contrary, any holdover by Tenant, unless first consented to by Landlord, shall constitute an Event of Default on the part of Tenant under this Section 17.14 are Lease entitling Landlord to exercise, without obligation to provide Tenant any notice or cure period, all of the remedies available to Landlord in addition to and do not affect Landlord’s right the case of re-entry or any other rights an Event of Landlord hereunder or as otherwise provided Default by lawTenant. If Tenant fails to surrender remains in possession of all or any part of the Premises on after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this LeaseExpiration Date, then Tenant shall indemnify and hold Landlord harmless for, from and against all claimsLosses (including, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant consequential damages) resulting from such or arising out of Tenant’s failure to surrender by Tenant 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 Lease Expiration Date and any related reasonable attorneys’ fees and costs incurred by Landlord with respect to any such claimbrokerage commissions incurred.

Appears in 1 contract

Samples: Lease (AeroVironment Inc)

Holding Over. Should Tenant, or any In the event of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier other termination of this Lease without Landlord’s prior written consentor in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Section 23.A(3) hereof, occupancy of the Premises subsequent to such holding over termination or expiration shall constitute and be construed as that of a tenancy at sufferance onlyand in no event for month-to-month or year-to-year. Tenant shall, at a monthly rent equal throughout the entire holdover period, be subject to two hundred percent (200%) of all the Base Rent payable for the final month of the Term terms and provisions of this Lease and otherwise upon shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover) equal to ONE AND ONE HALF the terms and conditions in sum (or 150%) of (a) the Lease, so far as applicable. Should Tenantgreater of then current market rate, or any (b) the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of its successors in interest, hold such holding over the Premises by Tenant. No holding over by Tenant or any part thereof payments of money by Tenant to Landlord after the expiration or earlier termination of this the Lease with Landlord’s prior written consent, such holding over Term shall constitute and be construed as a tenancy to extend the Lease Term or prevent Landlord from month to month only, at a monthly rent equal to two hundred percent (200%) recovery of immediate possession of the Base Rent payable for the final month of the Term of this Lease and Premises by summary proceedings or otherwise upon the terms and conditions in the Lease, except that unless Landlord may terminate the tenancy on 10 days prior has sent written notice to TenantTenant that Landlord has elected to extend the Lease Term. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in In addition to and do not affect Landlord’s right of re-entry or the obligation to pay the amounts set forth above during any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasesuch holdover period, Tenant shall indemnify and hold also be liable to Landlord harmless for, from and against for all claims, damages, including consequential damagesincluding, loss and liability, including without limitation, any claim consequential damages, which Landlord may suffer by reason of any holding over by Tenant and Tenant shall also indemnify Landlord against any and all claims made by any succeeding other tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred or prospective tenant against Landlord for delay by Landlord with respect in delivering possession of the Premises to any such claimother tenant or prospective tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Integrated Information Systems Inc)

Holding Over. Should Tenant, or any If Tenant should remain in possession of its successors in interest, hold over the Leased Premises or any part thereof after the expiration or earlier termination of the Term without execution by Landlord and Tenant of a new lease, then Tenant shall be deemed to be occupying the Leased Premises as a tenant-at-sufferance, subject to all the covenants and obligations of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) daily rental of 150% of the per day Base Rent payable provided hereunder, computed on the basis of a thirty (30) day month. Additionally, Tenant shall pay Landlord for all damages, consequential as well as direct, sustained by Landlord by reason of Tenant's retention of possession longer than sixty (60) days after the final month scheduled expiration of the Term. If any property not belonging to Landlord remains at the Leased Premises after the expiration of the Term of this Lease and otherwise upon the terms and conditions Lease, Tenant hereby authorizes Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the Lease, so far as applicable. Should event that such property is the property of Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Leaseevent that such property is the property of someone other than Tenant, except that Tenant agrees to indemnify and hold Landlord may terminate the tenancy on 10 days prior written notice harmless from all suits, actions, liability, loss, damages, and expenses in connection with or incident to Tenantany removal, exercise or dominion over, and/or disposition of such property by Landlord. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and Paragraph do not affect exclude Landlord’s 's right of re-entry or any other rights right of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimhereunder.

Appears in 1 contract

Samples: Release and Settlement Agreement (North American Gaming & Entertainment Corp)

Holding Over. Should Tenant, or If Tenant holds possession of any portion of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of the term of this Lease with respect to that portion of the Premises without the written consent of Landlord’s prior written consent, then absent express agreement of Landlord such holding over shall constitute and be construed as a tenancy at sufferance onlyand not for any periodic or fixed term. Tenant shall pay monthly rental hereunder equal to one hundred fifty percent (150%) of the amount of Base Rent an Additional Rent payable immediately prior to expiration of such term with respect to such Premises during the first thirty (30) days of such holdover period, at a after which time Tenant shall pay monthly rent rental equal to two hundred percent (200%) of the amount of Base Rent and Additional Rent payable for the final month immediately prior to expiration of the Term of this Lease such term with respect to such Premise, together with such other amounts as may become due hereunder, and otherwise upon all of the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentshall continue to apply, such holding over excluding any options or rights of Tenant to renew or extend this Lease or expand the Premises hereunder. Nothing herein shall constitute and be construed as a tenancy consent in advance by Landlord to any holding over by Tenant or to any specific terms or conditions of any holding over, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord when and as required hereunder. Any holding over with the written consent of Landlord shall, except as otherwise specified in such consent, thereafter constitute a lease from month to month only, at a monthly rent equal but otherwise subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry , excluding any options or any other rights of Landlord hereunder Tenant to renew or as otherwise provided by law. If Tenant fails to surrender extend this Lease or expand the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimhereunder.

Appears in 1 contract

Samples: Lease (Intermune Pharmaceuticals Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term with or without the prior written consent of Landlord, such possession shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In such event, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be *** of the Basic Rent for the month immediately preceding the date of termination. Any such monthly hold-over rental shall be appropriately prorated for any partial calendar month so long as Tenant has provided the requisite thirty days prior notice of termination. If Tenant fails to surrender the Premises within forty-five (45) days following the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

Holding Over. Should Tenant, or If Tenant holds over for any of its successors in interest, hold over the Premises or any part thereof period after the expiration Expiration Date (or earlier termination of this Lease the Term) without Landlord’s the prior written consentconsent of Landlord, such tenancy shall constitute a tenancy at sufferance only and a Default by Tenant; such holding over with the prior written consent of Landlord shall constitute and be construed as a month-to-month tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of commencing on the Base Rent payable for 1st day following the final month of the Term termination of this Lease and otherwise upon terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that the monthly Basic Rent shall be 150% of the monthly Basic Rent for the month immediately preceding the date of termination unless Tenant gives Landlord may 90-day prior written notice ("Holdover Notice") of its intent to hold over in which event the monthly rental shall be 100% of the total monthly rental for the month immediately preceding the date of termination for the initial 3 months of holdover, and 150% of the total monthly rental for the month immediately preceding the date of termination for each month of holdover thereafter, subject to the right of either party to terminate the any such holdover tenancy on 10 by giving 30 days prior written notice to Tenantthe other party. The acceptance by Landlord of Rent after such expiration or early termination monthly hold-over rental in a lesser amount shall not result constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in a renewal or extension of this Leasewriting by Landlord. The foregoing provisions of this Section 17.14 15.1 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Lease (Upwork Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over Tenant shall constitute and be construed pay to Landlord an amount as tenancy at sufferance only, at a monthly rent Rent equal to two Two hundred percent (200%) of the Base Rent payable herein provided during each month or portion thereof for the final month which Tenant shall retain possession of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof thereof, after the expiration or earlier termination of this Lease with 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’s prior , whether direct or consequential, on account thereof. In the event Tenant shall hold over for a period in excess of sixty (60) days, then and in that event, at the option of Landlord expressed in a written consentnotice to Tenant and not otherwise, such holding over shall constitute and be construed as a tenancy from month to month only, renewal of this Lease for a period of one (1) year at a monthly rent equal to two hundred such Base Rent (increased by five percent (2005%) of over the Base Rent payable at the Lease termination date) and Additional Rent as would be applicable for such year, and for purposes of determining the final month of Additional Rent for any renewal period the Term of this Lease and otherwise upon original Base Year shall remain as the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantBase Year. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition Paragraph 18 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry or any other rights or remedies of Landlord hereunder provided herein or as otherwise provided by at law. If Tenant shall be deemed to have retained possession of the Premises if it fails to surrender remove its property from the. Premises as required in Paragraph 17 such that Landlord is reasonably prevented from delivering possession of all or any part of the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.a subsequent tenant,

Appears in 1 contract

Samples: Agreement of Lease (Acell Inc)

Holding Over. Should Tenant, or any of its successors in interest, Tenant shall have no right to hold over the Premises or any part thereof after beyond the expiration or earlier termination of this Lease without Landlord’s prior the express written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) consent of the Base Rent payable for Landlord, which consent Tenant shall obtain from Landlord no later than sixty (60) days prior to the final month expiration of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, Tenant or any of its successors in interestinterest continue to holdover the Premises after the termination of this Lease, whether such termination occurs by lapse of time or otherwise, with the express written consent of Landlord, Tenant shall be deemed to be occupying the Premises under a month-to-month periodic tenancy, and Tenant shall pay to Landlord monthly rental equal to one hundred fifty percent (150%) of the monthly rental (including Base Rent and all other rental amounts) as would be payable if the Lease had not been terminated or expired, and otherwise be subject to all the covenants and provisions of this Lease insofar as the same are applicable to a month-to-month periodic tenancy. Landlord and Tenant agree that any such periodic tenancy may be terminated by thirty (30) days prior written notice by either party to the other party. Should Tenant or any of its successors in interest continue to hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate whether such termination occurs by lapse of time or otherwise, without the tenancy on 10 days prior written notice consent of Landlord, Tenant shall be a Tenant at sufferance, subject to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or summary eviction as otherwise provided by law. If Tenant fails to surrender In the Premises on the expiration event of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leaseany unauthorized holding over, Tenant shall indemnify and hold the Landlord harmless for, from and against all claims, damages, including consequential damages, loss damages sustained by Landlord by reason of such holdover and liability, including without limitation, any claim made all claims for damages by any succeeding other tenant resulting from such failure to surrender by Tenant and whom Landlord shall have leased all or any attorneys’ fees and costs incurred by Landlord with respect to any such claimportion of the leased Premises effective upon the termination of this Lease.

Appears in 1 contract

Samples: Crown Pointe Office Lease (Learning Tree International Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the Terms of this Lease, except that the monthly rent equal to Basic Rent shall be the greater of (a) two hundred percent (200%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Industrial Lease (Sunpower Corp)

Holding Over. Should TenantIn the event that Tenant shall not immediately surrender the Premises to Landlord on the Expiration Date or earlier termination of this Lease, or Tenant shall be deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except the monthly Base Rent shall be 125% of the monthly Base Rent in effect during the last month of the Term during the first month thereof and 150% of the monthly Base Rent in effect during the last month of the Term for any of its successors in interestperiod thereafter. Notwithstanding the foregoing, if Tenant shall hold over after the Expiration Date or earlier termination of this Lease, and Landlord shall desire to regain possession of the Premises immediately, then Landlord may forthwith re-enter and take possession of the Premises. Tenant shall indemnify Landlord against all liabilities and damages sustained by Landlord by reason of such retention of possession, provided Tenant will not be responsible for losses or claims suffered by Landlord on account of any delay in delivery of the Premises or any part thereof to a successor tenant unless either (i) Landlord notifies Tenant prior to the Lease expiration date that Landlord has entered into a Lease or letter of intent with a prospective replacement Tenant which requires Landlord to perform construction within the Premises, or otherwise tender possession thereof to a new tenant, promptly after the Lease expiration date, and Tenant still fails to surrender possession of the Premises on or earlier before the Lease expiration date, or (ii) Tenant fails to vacate the Premises promptly after Landlord notifies Tenant that it requires possession of the Premises in order to deliver possession thereof to a replacement tenant to the extent such notice is given after the scheduled Lease expiration date or in connection with any other permitted termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Deed of Lease (National Information Group)

Holding Over. Should Tenant, or any Tenant shall pay Landlord for each day Tenant retains possession of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Lease, by lapse of time or otherwise, or of Tenant's right to possession of the Premises, an amount which is 150% of the amount of Base Rent and Rent Adjustments on a per diem basis based upon the annual rate of Base Rent set forth in Section 3.1 and on Rent Adjustments provided for in Article 4 for the period in which such possession occurs, calculated as though such period were within the Term (collectively "Holdover Rent"), and Tenant shall also pay all damages, consequential as well as direct, sustained by Landlord by reason of such retention. In the alternative, if Landlord gives written notice to Tenant of Landlord’s prior written consent's election thereof, such holding over shall shall, at Landlord's election, constitute and be construed as either (a) tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon under the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over except that Holdover Rent shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent apply or (200%b) of the Base Rent payable for the final month of the Term renewal of this Lease and otherwise upon for one year at the terms and conditions annual rate which would have been in effect for such additional year if the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to TenantTerm had included such additional year. The acceptance Acceptance by Landlord of Rent rent after such expiration or early termination shall not result of itself constitute either the creation of such a month-to-month tenancy or a renewal, and Tenant hereby waives the benefit of Section 1945 of the California Civil Code (pertaining to renewal of a lease by acceptance of rent). Nothing contained in this Article 9 shall be construed or shall operate as a renewal or extension waiver of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry reentry or any other rights right or remedy of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord.

Appears in 1 contract

Samples: Office Lease (AtheroNova Inc.)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease without Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as tenancy a tenant at sufferance only, at a commencing on the first (1st) day following the termination of this Lease. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly rent equal to two rental shall be one hundred fifty percent (200150%) of the Base Rent payable total monthly rental for the final month immediately preceding the date of the Term of this Lease and otherwise termination, subject to Landlord's right to modify same upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent thirty (200%30) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant that has a signed lease for all or a portion of the Premises relating to such failure to surrender. Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Quest Software Inc

Holding Over. Should Tenant, or any of its successors in interest, Tenant will not be permitted to hold over possession of the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term without the express written consent of this Lease Landlord, which consent Landlord may withhold in its sole and otherwise upon the terms and conditions in the Lease, so far as applicableabsolute discretion. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentthe Term, such holding over shall constitute and be construed Landlord may, at its option, treat Tenant as a tenancy from month to month tenant at sufferance only, at a monthly rent and such continued occupancy by Tenant shall be subject to all of the terms, covenants and conditions of this Lease, so far as applicable, except that the Monthly Base Rent for any such holdover period shall be equal to two one hundred fifty percent (200150%) of the Monthly Base Rent payable for the final month of the Term of in effect under this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days immediately prior written notice to Tenant. The acceptance such holdover.. Acceptance by Landlord of Rent rent after such expiration or early earlier termination shall will not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 Paragraph 11 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration of this Lease and/or in accordance with the terms of this Paragraph 11 despite demand to remove all Tenant’s fixture and/or personal property pursuant to this Leasedo so by Landlord, Tenant shall indemnify agrees to promptly indemnify, protect, defend and hold Landlord harmless for, from and against all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and TENANT’S INITIALS LANDLORD’S INITIALS costs (including consequential damagesattorneys’ fees and costs), loss and liabilityincluding, including without limitation, any claim costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded solely on or resulting solely from such Tenant’s failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Premises. The provisions of this Subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Office and Industrial/Commercial Lease (Input Output Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the temps of this Lease, except that the monthly rent equal to Basic Rent shall be the greater of (a) two hundred percent (200%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Industrial Lease (Sensar Corp /Nv/)

Holding Over. Should Tenant, or any Tenant shall pay Landlord for each day Tenant retains possession of its successors in interest, hold over the Premises or any part thereof of them after the expiration or earlier termination of this Lease without by lapse of time or otherwise at the rate (“Holdover Rate”) which shall be 200% of the greater of: (a) the amount of the Annual Rent for the last period prior to the date of such termination plus all Rent Adjustments under Article 4; and, (b) the then market rental value of the Premises as determined by Landlord assuming a new lease of the Premises of the then usual duration and other terms, in either case prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention, and shall indemnify and hold Landlord harmless from any loss or liability resulting from such holding over and/or failure to surrender the Premises when and in the condition required by Sections 6.4 and 27.2 of this Lease. If Landlord gives notice to Tenant of Landlord’s prior written consentelection to that effect, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term renewal of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as for a tenancy period from month to month onlyor one year, whichever shall be specified in such notice, in either case at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for Holdover Rate, but if the final month of the Term of this Lease and otherwise upon the terms and conditions in the LeaseLandlord does not so elect, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The no such renewal shall result notwithstanding acceptance by Landlord of Rent rent after such expiration or early termination termination; and instead, a tenancy at sufferance at the Holdover Rate shall not result in a renewal or extension be deemed to have been created. In any event, no provision of this Lease. The foregoing provisions of this Section 17.14 are in addition Article 15 shall be deemed to and do not affect Landlord’s waive Landlords right of re-entry reentry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of right under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Office Lease (Archipelago Holdings L L C)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination for the initial two (2) months of holdover, and two hundred percent (200%) of the Base Basic Rent payable for the final in the immediately preceding the date of termination for each month of holdover thereafter, or (b) the Term then currently scheduled Basic Rent for comparable space in the Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Industrial Lease (Discovery Partners International Inc)

Holding Over. Should In no event shall there be any renewal of this Lease by operation of law, and if Tenant remains in possession of the Premises after the termination of this Lease without written authorization executed by Landlord and Tenant, but with the acquiescence or any consent of its successors in interestLandlord, hold over Tenant shall be deemed to be occupying the Premises under a month-to-month periodic tenancy at a monthly rental equal to one hundred fifty percent (150%) (with respect to the first month of holdover) or two hundred percent (200%) (with respect to each subsequent month of holdover) of the Base Rental in effect during the last month of the Lease Term, plus all Additional Rental provided for in this Lease (the “Holdover Rent”), and otherwise subject to all the covenants and provisions of this Lease insofar as the same are applicable to a tenancy-at-will. Landlord and Tenant agree that any part thereof such tenancy-at-will may be terminated by thirty (30) days prior written notice by either party to the other party. If Tenant remains in possession after the expiration or earlier termination of this Lease without Landlord’s prior written acquiescence or consent, such holding over Tenant thereupon shall constitute and be construed deemed a tenant-at-sufferance subject to summary eviction as tenancy at sufferance only, at provided by law; provided that Tenant shall be responsible for the Holdover Rent on a monthly rent equal to two hundred percent (200%) per diem basis for each day that Tenant remains in possession of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in In addition to and do not affect Landlord’s right of re-entry or without limiting any other rights and remedies which Landlord may have on account of Landlord hereunder or as otherwise provided such holding over by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, if such holding over exceeds sixty (60) days, Tenant shall indemnify and hold Landlord harmless for, from and against any and all claims, damagesdirect and consequential damages suffered by Landlord on account of such holding over by Tenant, including consequential damages, loss any damages and liability, including without limitation, any claim made claims by any succeeding tenant resulting from such failure tenants entitled to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimfuture possession.

Appears in 1 contract

Samples: Office Lease (Connecture Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Schnitzer North Creek (Lumera Corp)

Holding Over. Should Tenant, or any If Tenant remains in possession of its successors in interest, hold over the Premises or any part thereof after the expiration Term expires or earlier termination of this Lease is otherwise terminated without executing a new lease but with Landlord’s 's prior written consent, then unless provided otherwise by Landlord in such holding over shall constitute written consent (a) Tenant is deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and be construed as tenancy at sufferance onlyobligations of this Lease applicable to a month-to-month tenancy, at a monthly rent (b) Basic Rent during the holdover period will equal to two hundred percent (200%) 125% of the Base greater of the Basic Rent payable for by Tenant in the final month last Lease Year of the Term or Landlord's then current basic rent for the Premises according to Landlord's rental rate schedule for prospective tenants, (c) Tenant will also pay Tenant's Share of Excess Property Expenses and all other Additional Rent applicable to such holdover period as described in this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, and (d) either Landlord or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord Tenant may terminate the month-to-month tenancy on 10 at any time upon 30 days prior written notice to Tenantthe other party. The acceptance by Landlord If Tenant remains in possession of Rent the Premises after such expiration the Term expires or early termination shall not result in is otherwise terminated without executing a renewal or extension new lease and without Landlord's prior written consent, then Tenant is deemed to be occupying the Premises without claim of right (but subject to all provisions, conditions and obligations of this Lease. The foregoing provisions of this Section 17.14 are ) and, in addition to Tenant's liability for failing to surrender possession of the Premises as provided in Section 16.1 and do not affect Landlord’s right of re-entry or any all other rights and remedies of Landlord hereunder or related to such holding over, Tenant will pay Landlord a charge for each day of occupancy after the Term in an amount equal to 200% of the Basic Rent payable by Tenant in the last Lease Year of the Term (on a daily basis), plus Tenant's Share of Excess Property Expenses and all other Additional Rent applicable to such holdover period as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to described in this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Lease Agreement (Brightpoint Inc)

Holding Over. Should Tenant, This Lease shall terminate without further notice at the expiration of the Term. Any holding over by Tenant after expiration of the Term shall not constitute a renewal or extension of the Lease or give Tenant any of its successors rights in interest, hold over or to the Premises or any part thereof except as expressly provided in this Lease. Any holding over after such expiration with the written consent of Landlord and Master Landlord shall be construed to be a tenancy from month to month on the same terms and conditions herein specified insofar as applicable except that rent payable hereunder shall be increased to an amount equal to 150% of the monthly rent payable during the last full calendar month of the Term. If Tenant holds over after the expiration or earlier termination of this the Lease term without the written consent of Landlord and Master Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as tenancy become a tenant at sufferance only, at a rental rate equal to 175% of the monthly rent equal to two hundred percent (200%) of payable during the Base Rent payable for the final last full calendar month of the Term of this Lease Term, and otherwise upon the terms terms, covenants and conditions in the of this Lease, so far as applicable. Should Tenant, or any Acceptance by Landlord of its successors in interest, hold over the Premises or any part thereof rent after the such expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not constitute a consent to a holdover hereunder or result in a renewal or extension of this Leaserenewal. The foregoing provisions of this Section 17.14 SECTION 28 are in addition to and do not affect Landlord’s 's or Master Landlord's right of re-entry reentry or any other rights of Landlord hereunder or of Master Landlord under the Master Lease or as otherwise provided by law. If Tenant fails to surrender the Premises on upon the expiration termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord and Master Landlord harmless forfrom any loss or liability resulting from such failure to surrender, from and against all claimsincluding, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant resulting from arising out of such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimfailure.

Appears in 1 contract

Samples: Adesso Healthcare Technology Services Inc

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to Basic Rent shall be the greater of (a) one hundred fifty percent (150%) for the first three (3) months of such holdover period, and thereafter two hundred percent (200%) ), of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Project. If Tenant fails to surrender the Premises upon the expiration of this Lease and otherwise upon the terms and conditions in the Lease, despite Landlord's written demand to do so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over (which demand shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written include notice to Tenant of a succeeding tenant and the need for Tenant's immediate surrender), Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Industrial Lease (Standard Pacific Corp /De/)

Holding Over. Should Tenant, or any of its successors in interest, hold Any holding over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination term of this Lease with Landlord’s prior the written consent, such holding over consent of Landlord shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms same terms, covenants and conditions herein, the monthly rental shall be determined by Landlord and contained in the Leasewritten consent, except that Landlord subject to adjustment as provided in paragraph 5 herein. Either party may thereafter terminate the such tenancy on 10 30 days prior written notice to Tenantnotice. The acceptance Acceptance by Landlord of Rent rent after such expiration or early termination shall not result in a any other tenancy or any renewal or extension of the term of this Lease. The foregoing , and the provisions of this Section 17.14 paragraph are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder provided under this Lease or as otherwise provided by applicable law. If Tenant fails to surrender shall retain possession of the Premises on or any part thereof without Landlord’s written consent following the expiration or sooner termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasefor any reason, then Tenant shall pay to Landlord for each day of such retention one hundred fifty percent (150%) of the amount of the daily rental for the last period prior to the date of such expiration or termination. Tenant shall also indemnify and hold Landlord harmless forfrom any loss or liability resulting from delay by Tenant in surrendering the Premises, from and against all claimsincluding, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant resulting founded on such delay. Alternatively, if Landlord gives notice to Tenant of Landlord’s election thereof, such holding over shall constitute renewal of this Lease for a period from such failure month to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimmonth.

Appears in 1 contract

Samples: Trulia, Inc.

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance onlyLessee agrees to surrender to Lessor, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month end of the Term of this Lease and otherwise Agreement and/or upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) cancellation of the Base Rent payable for Lease Agreement, said Leased Premises in as good condition as said Leased Premises was at the final month beginning of the Term of this Lease Agreement, ordinary wear and otherwise upon tear, and damage by fire or other casualty not caused by Lessee's negligence, excepted. Lessee agrees that if Lessee does not surrender said Leased Premises to Lessor at the terms and conditions in end of the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration Term of this Lease and/or Agreement, then Lessee will pay to remove Lessor double the amount of the current rental for each month or portion thereof that Lessee holds over plus all Tenant’s fixture and/or personal property pursuant damages the Lessor may Lessor suffer on account of Lessee's failure to this Leaseso surrender to Lessor possession of said Leased Premises, Tenant shall and will indemnify and hold Landlord save Lessor harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim claims made by any succeeding tenant resulting Lessee of said Leased Premises against Lessor on account of delay of Lessor in delivering possession of said Leased Premises to said succeeding Lessee so far as such delay is occasioned by failure of Lessee to so surrender said Leased Premises in accordance herewith or otherwise. No receipt of money by Lessor from such failure to surrender by Tenant and Lessee after termination of this Lease Agreement or the service of any attorneys’ fees and costs incurred by Landlord with respect to notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the Term of this Lease Agreement or affect any such claimnotice, demand, suit or judgment. No agreement to accept a surrender of the Leased Premises shall be valid unless made in writing and subscribed by a duly authorized officer or agent of Lessor.

Appears in 1 contract

Samples: Lease Agreement (Greenville First Bancshares Inc)

Holding Over. Should Tenant, or any If Tenant retains possession of its successors in interest, hold over the Premises or any part ------------ thereof after the termination of the lease by lapse of time or 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 double the Rent (based on the Base Rent plus the most current Additional Rent Estimate owed by Tenant during the most recent year for the entire Premises) or double the prevailing market rent (as determined by Landlord), if greater, on a per diem basis. In addition to and without limiting any other rights and remedies which Landlord may have on account of such holding over by Tenant, Tenant shall pay to Landlord all direct and consequential damages suffered by Landlord on account of such holding over by Tenant if it is wilful, including any damages and claims by tenants entitled to future possession. No occupancy by Tenant after the expiration or earlier other termination of this Lease without Landlord’s prior written consent, such shall be construed to extend the Term. Any holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) with the consent of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions Landlord in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over writing shall thereafter constitute and be construed as a tenancy lease from month to month only, at a monthly rent equal to two hundred percent (200%) of on the Base Rent payable for the final month of the Term of this Lease and otherwise upon the same terms and conditions in as the Leaselease, except that including payment of the Rent, or at such other rate of Rent as to which Landlord may terminate the tenancy on 10 days notifies Tenant prior written notice to Tenantor after such holding over. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition 11 shall not be deemed to and do not affect Landlord’s right limit or constitute a waiver of re-entry any rights or any other rights remedies of Landlord hereunder as provided herein or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimat law or equity.

Appears in 1 contract

Samples: Sublease Agreement (Inventa Technologies Inc)

Holding Over. Should TenantAny holding over after the expiration or termination of this lease with the written consent of Landlord shall be construed to be a tenancy from month to month at the monthly rent, as adjusted, in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month to month tenancy. The provisions of its successors this paragraph are in interestaddition to, hold over and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Lease without Landlord’s prior written consentlease for any reason, then Tenant shall pay to Landlord for each day of such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two retention one hundred twenty-five percent (200125%) of the Base Rent payable for the final month amount of the Term daily rental in effect during the last month prior to the date of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination. Tenant shall also indemnify and hold Landlord harmless from any loss, liability and expense (including, but not limited to, attorneys fees) resulting from delay by Tenant in surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay. Acceptance of rent by Landlord following expiration or termination shall not result in constitute a renewal or extension of this Lease. The foregoing provisions of lease, and nothing contained in this Section 17.14 are in addition to and do not affect paragraph shall waive Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawright. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold be only a tenant at sufferance, whether or not Landlord harmless foraccepts any rent from Tenant, from and against all claims, damages, including consequential damages, loss and liability, including while Tenant is holding over without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimLandlord's written consent.

Appears in 1 contract

Samples: Work Letter Agreement (Integrated Sensor Solutions Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.. Initials:

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Holding Over. Should Tenant, or any of its successors in interest, hold If Tenant holds over the Premises or any part thereof after the expiration or earlier termination of this Lease the Term hereof without the express written consent of Landlord’s prior written consent, such holding over Tenant shall constitute and be construed as tenancy at become a tenant-at-sufferance only, and Tenant shall be liable to Landlord for the payment of Base Rent hereunder at a monthly rent equal to two one hundred fifty percent (200150%) of the Landlord's then scheduled Base Rent payable for the final month of Premises, plus all additional rent payable by Tenant under this Lease, and such unpermitted holdover shall be subject to the Term of this Lease and otherwise upon the terms terms, covenants and conditions in the Leasespecified herein, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early earlier termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 Article 23 are in addition to and do not affect Landlord’s right any of re-entry or any other the rights of Landlord hereunder or to pursue Tenant for all of Landlord's damages, as otherwise provided by lawa result of Tenant's unpermitted holdover of the Premises. If In the event that Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leaseupon such termination or expiration, then Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant or liability resulting from such or arising out of Tenant's failure to surrender by Tenant the Premises, including, but not limited to, any actual and reasonable amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and any related attorneys' fees and costs incurred by Landlord with respect to any such claimbrokerage commissions.

Appears in 1 contract

Samples: Letter Agreement (Lightspan Partnership Inc)

Holding Over. Should Tenant, or If Tenant holds possession of any portion of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of the term of this Lease with respect to that portion of the Premises without the written consent of Landlord’s prior written consent, then absent express agreement of Landlord such holding over shall constitute and be construed as a tenancy at sufferance onlyand not for any periodic or fixed term. Tenant shall pay monthly rental hereunder equal to one hundred fifty percent (150%) of the amount of Base Rent and Additional Rent payable immediately prior to expiration of such term with respect to such Premises during the first thirty (30) days of such holdover period, at a after which time Tenant shall pay monthly rent rental equal to two hundred percent (200%) of the amount of Base Rent and Additional Rent payable for the final month immediately prior to expiration of the Term of this Lease such term with respect to such Premise, together with such other amounts as may become due hereunder, and otherwise upon all of the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consentshall continue to apply, such holding over excluding any options or rights of Tenant to renew or extend this Lease or expand the Premises hereunder. Nothing herein shall constitute and be construed as a tenancy consent in advance by Landlord to any holding over by Tenant or to any specific terms or conditions of any holding over, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord when and as required hereunder. Any holding over with the written consent of Landlord shall, except as otherwise specified in such consent, thereafter constitute a lease from month to month only, at a monthly rent equal but otherwise subject to two hundred percent (200%) all of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry , excluding any options or any other rights of Landlord hereunder Tenant to renew or as otherwise provided by law. If Tenant fails to surrender extend this Lease or expand the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimhereunder.

Appears in 1 contract

Samples: Lease (Snowball Com Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Lease (Microvision Inc)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either or such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to Basic Rent shall be the greater of (a) two hundred percent (200%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof Acceptance by Landlord to rent after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at Law.

Appears in 1 contract

Samples: Industrial Lease (Sionix Corp /Ut/)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall ant constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the terms of this Lease, except that the monthly rent equal to two Basic Rent shall be the greater of (a) one hundred seventy-five percent (200175%) of the Base Basic Rent payable for the final month immediately preceding the date of termination or (b) the Term then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, so far as applicableincluding without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Industrial Lease (Endwave Corp)

Holding Over. Should Tenant, or 19. In the event of any of its successors in interest, hold holding over the Premises or any part thereof by tenant after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors unless the parties hereto otherwise agree in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, writing such holding over shall constitute and be construed as a tenancy from month at will, subject to month onlytermination by Landlord at any time, or by Tenant at a monthly any time upon at least thirty (30) days' advance written notice, and all of the other terms and provisions of this Lease shall be applicable during that period, except that the daily rent payable by Tenant shall be equal to two hundred percent (200%) of the Base Rent payable daily rent in effect for the final last month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension term of this Lease, plus 50% of such amount. The foregoing provisions inclusion of this Section 17.14 are the preceding sentence herein shall not be construed as Landlord's consent for the Tenant to hold over. TAXES ON TENANT'S 20. Tenant shall be liable for all taxes levied or PROPERTY assessed against personal property, furniture, improvements, additions or fixtures placed by Tenant in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by lawthe Demised Premises. If any such taxes for which Tenant fails is liable are levied or assessed against Landlord or Landlord's property and if Landlord elects to surrender pay the Premises same or if the assessed value of Landlord's property is increased by inclusion of personal property, furniture or fixtures placed by Tenant in the Demised Premises, and Landlord elects to pay the taxes based on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Leasesuch increase, Tenant shall indemnify and hold pay to Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from upon demand that part of such failure taxes for which Tenant is primarily liable hereunder. EVENTS OF DEFAULT 21. The following events shall be deemed to surrender be events of default by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.under this Lease:

Appears in 1 contract

Samples: Lease (Wheels Sports Group Inc)

Holding Over. Should Tenant, or any of its successors in interest, hold over Tenant agrees that if Tenant does not surrender the Premises or any part thereof after to Landlord at the expiration or earlier termination end of the Term of this Lease without in the condition as required under the Lease, then Tenant will pay to Landlord’s prior written consent: (i) One Hundred Twenty Five percent (125%) of the Rent paid by Tenant for the last full month of the Term for the first month or portion thereof that Tenant holds over; (ii) One Hundred Fifty percent (150%) of the Rent paid by Tenant for the last full month of the Term for the second month or portion thereof that Tenant holds over; and (iii) beginning with the third month and continuing until Tenant surrenders to Landlord possession of the Premises, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred Two Hundred percent (200%) of the Base amount of the Rent payable paid by Tenant for the final last full month of the Term for each month or portion thereof that Tenant holds over. At all times, Tenant will indemnify and save Landlord harmless from and against all claims made by any succeeding tenant of the Premises against Landlord on account of delay of Landlord in delivering possession of the Premises to the succeeding tenant so far as such delay is occasioned by failure of Tenant to so surrender the Premises in accordance herewith or otherwise. No receipt of money by Landlord from Tenant after termination of this Lease or the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the Term of this Lease or affect any such notice, demand, suit or judgment. No act or thing done by Landlord or its agents during the Term hereby granted shall be deemed an acceptance of a surrender of the Premises, and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any no agreement to accept a surrender of its successors in interest, hold over the Premises shall be valid unless it be made in writing and signed by a duly authorized officer or any part thereof after the expiration or earlier termination agent of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Standard Lease (HeartWare International, Inc.)

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, or and any of its successors in interest, hold holding over the Premises or any part thereof by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination termination) of this Lease the Term without Landlord’s the prior written consentconsent of Landlord, such holding over possession shall constitute and be construed as a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, at a possession shall be subject to all of the term of this Lease, except that the monthly rent equal to two Basic Rent shall be the greater of (a) one hundred fifty percent (200150%) of the Base Basic Rent payable for the final month immediately preceding the date of termination for the initial month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two one hundred seventy-five percent (200175%) of the Base Basic Rent payable for the final month immediately preceding the date of termination for each month of hold over thereafter, or (b) the Term then currently scheduled Basic Rent for comparable space in the Project. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and otherwise upon the terms and conditions in the Leasehold Landlord harmless from all loss or liability, except that Landlord may terminate the tenancy on 10 days prior written notice including, without limitation, claims made by any succeeding tenant relating to Tenantsuch failure to surrender. The acceptance Acceptance by Landlord of Rent rent after such expiration or early the termination shall not constitute a consent to a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s 's right of re-entry reentry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of under this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimor at law.

Appears in 1 contract

Samples: Second Amendment to Lease (Alsius Corp)

Holding Over. Should Tenant, or any If Tenant shall remain in possession of its successors in interest, hold over the Premises or any part thereof Total Site after the expiration or earlier termination of this Lease without Landlord’s prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease without the express written consent of Landlord, Tenant will be deemed to be occupying the Total Site as a tenant-at-sufferance only subject to all covenants and otherwise upon obligations of this Lease and at a daily rental equal to $5.00 per acre that the terms Tenant has not surrendered per day, plus all other amounts of rent and conditions in all items of additional rent which are payable hereunder, during the Lease, so far as applicableperiod of any such holding over. Should Tenant, or any Acceptance by Landlord of its successors in interest, hold over the Premises or any part thereof rent after the such expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not constitute a holdover or result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to renewal, and do shall not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails any property not belonging to surrender Landlord remains at the Premises on Total Site after the expiration of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to the term of this Lease, Tenant hereby authorizes Landlord, without liability for compensation or damages to Tenant, to retain all or any portion thereof (and title thereto shall thereupon be vested in Landlord), or remove such property and make such disposition thereof as Landlord may desire. Tenant shall, upon demand by Landlord, pay Landlord for the expense of any such removal and disposition plus the cost of repair of any and all damages to the Total Site resulting from or caused by such removal. In the event that such property belongs to someone other than Tenant, Tenant agrees to indemnify and hold Landlord harmless from all Claims in connection with or incident to any removal, exercise of dominion over and/or disposition of such property by Landlord. Tenant shall indemnify and hold Landlord harmless for, from any and against all claims, damages, including consequential damages, loss and liability, including without limitation, any claim made by any succeeding tenant Claims resulting from such Tenant's failure to surrender by Tenant and any attorneys’ fees and costs incurred by Landlord with respect to any such claimthe Total Site upon the expiration or earlier termination of the Lease.

Appears in 1 contract

Samples: Master Ground Lease

Holding Over. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease without Landlord’s 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two one hundred fifty percent (200150%) of the Base Rent payable for owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of its successors in interest, hold over the Premises or any part thereof after the expiration or earlier termination of this Lease with Landlord’s 's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two one hundred and fifty percent (200150%) of the Base Rent payable for the final month of the Term of this Lease fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the terms and conditions in the of this Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenantso far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 16.16 are in addition to and do not affect Landlord’s 's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant’s 's fixture and/or personal property pursuant to this LeaseSection 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, including consequential damages, loss and or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 1 contract

Samples: Letter Agreement (Eden Bioscience Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!