Common use of INTERIM PREMISES Clause in Contracts

INTERIM PREMISES. If Tenant holds over in the Interim Premises after the expiration of Transition Period, with or without the express or implied consent of Landlord, such tenancy shall be such tenancy shall be from month-to-month only, and shall not, except as set forth below, constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a monthly rate equal to the product of (i) the rentable square footage contained in that portion (each "portion" being one of the following: (i) the NOC Room and NOC Storage on level one; or (ii) the Server Room on the second level as shown on EXHIBIT F ) of the Interim Premises which has not been timely vacated by Tenant, and (ii) $31.50 divided by twelve (12), prorated for the actual number of days in which Tenant holds over in such portion of the Interim Premises. Such month-to-month tenancy shall be subject to every other applicable TCCs contained herein. Nothing contained in this ARTICLE 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Interim Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this ARTICLE 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Interim Premises upon the expiration of the Transition Period, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from any claims made by any succeeding tenant founded upon such failure to surrender.

Appears in 1 contract

Sources: Office Lease (3com Corp)

INTERIM PREMISES. If Tenant holds over in the Interim Premises after the expiration of Transition Period, with or without the express or implied consent of Landlord, such tenancy shall be such tenancy shall be from month-to-month only, and shall not, except as set forth below, constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a monthly rate equal to the product of (i) the rentable square footage contained in that portion (each "portion" being one of the following: (i) the NOC Room and NOC Storage on level one; or (ii) the Server Room on the second level as shown on EXHIBIT F ) of the Interim Premises which has not been timely vacated by Tenant, and (ii) Thirty Three Dollars and Seventy Five Cents ($31.50 33.75) divided by twelve (12), prorated for the actual number of days in which Tenant holds over in such portion of the Interim Premises. Such month-to-month tenancy shall be subject to every other applicable TCCs contained herein. Nothing contained in this ARTICLE Article 16 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Interim Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this ARTICLE Article 16 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Interim Premises upon the expiration of the Transition Period, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from any claims made by any succeeding tenant founded upon such failure to surrender.

Appears in 1 contract

Sources: Office Lease (3com Corp)