Common use of SURRENDER AND HOLDOVER Clause in Contracts

SURRENDER AND HOLDOVER. Upon the expiration or earlier termination of this Sublease, Sublessee shall promptly quit and surrender to Sublessor the Sublease Premises broom clean, in the same condition as received, ordinary wear and tear and loss by fire and other casualty expected. Sublessee shall removal all of its movable furniture and other effects. If Sublessee fails to so vacate the Sublease Premises on a timely basis as required, Sublessee shall be responsible to Sublessor and to Master Lessor for all costs, expenses, attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) incurred by Sublessor and/or Master Lessor as a result of such failure to vacate, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed by law, on all amounts not paid by Sublessee within ten (10) days of demand. Should Sublessee hold over after the termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee shall be deemed a holdover tenant at will. During such holdover period, Sublessee shall be liable for all damages incurred by Sublessor and/or Master Lessor as a result of Sublessee's holding over in the Sublease Premises. During such holding over, Sublessee shall become a Sublessee from month to month upon each and all of the terms herein provided as are applicable to such month to month tenancy and during such holding over, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of the Base Rent and additional Rent payable by Sublessee for the last month of the Sublease Term. Such tenancy shall continue until terminated by Sublessor, as provided by law, or until either party shall have given to the other at least thirty (30) days written notice.

SURRENDER AND HOLDOVER. Upon At the expiration of the Sublease Term or earlier termination of this Sublease, Subtenant shall promptly yield up the Sublease Space in good and broom-clean condition removing all of its personal property, and all other items required to be removed by Subtenant under this Sublease. Subtenant shall have no right to occupy the Sublease Space or any portion thereof after the expiration of this Sublease or after termination of the Prime Lease or this Sublease or Subtenant’s right to possession is terminated hereunder. In the event Subtenant or any Subtenant Party holds over, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Sublease Space, and to recover any damages incurred by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of such holdover), plus any reasonable attorneys’ fees and costs incurred by Sublandlord in connection with Subtenant’s holdover). Subtenant shall indemnify and hold harmless Sublandlord for, from, and against any and all liabilities, losses, obligations, damages (direct or indirect), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys’ fees and other charges) that are paid, suffered or incurred by Sublandlord as a result of the failure of, or the delay by, Subtenant in so surrendering the Sublease Space including, without limitation, all sums payable by Sublandlord to Landlord, or other liabilities of Sublandlord to Landlord under the Prime Lease resulting from such delay. For the period that Subtenant or a Subtenant Party holds over, Subtenant shall pay to Sublandlord Rent equal to the greater of: (i) holdover rent for which Sublandlord is liable under the Prime Lease; or (ii) 200% of the Rent that Subtenant was paying at the end of Sublease Term. The acceptance by Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. The provisions of this Section 17 shall survive the expiration or earlier termination of this Sublease, Sublessee shall promptly quit and surrender to Sublessor the Sublease Premises broom clean, in the same condition as received, ordinary wear and tear and loss by fire and other casualty expected. Sublessee shall removal all of its movable furniture and other effects. If Sublessee fails to so vacate the Sublease Premises on a timely basis as required, Sublessee shall be responsible to Sublessor and to Master Lessor for all costs, expenses, attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) incurred by Sublessor and/or Master Lessor as a result of such failure to vacate, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed by law, on all amounts not paid by Sublessee within ten (10) days of demand. Should Sublessee hold over after the termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee shall be deemed a holdover tenant at will. During such holdover period, Sublessee shall be liable for all damages incurred by Sublessor and/or Master Lessor as a result of Sublessee's holding over in the Sublease Premises. During such holding over, Sublessee shall become a Sublessee from month to month upon each and all of the terms herein provided as are applicable to such month to month tenancy and during such holding over, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of the Base Rent and additional Rent payable by Sublessee for the last month of the Sublease Term. Such tenancy shall continue until terminated by Sublessor, as provided by law, or until either party shall have given to the other at least thirty (30) days written notice.

SURRENDER AND HOLDOVER. Upon the expiration or earlier termination of this Sublease, Sublessee Subtenant shall promptly quit and surrender to Sublessor Sublandlord the Sublease Premises broom clean, in the same condition as received, ordinary wear and tear and loss by fire casualty (not arising from the actions or inactions of Subtenant or its agents, employees or contractors), acts of God, alterations, additions or improvements with respect to which Master Landlord has not reserved the right to require removal, Hazardous Materials (as defined below) not arising out of Hazardous Materials Activities conducted by Subtenant, its agents, employees, contractors, sublessees, assignees and other casualty expectedinvitees and condemnation excepted. Sublessee Subtenant shall removal remove all of its movable furniture and other effectseffects but shall leave the Furniture (as defined in Section 19 below) in the Sublease Premises. In no event shall Subtenant be obligated to remove any alterations, additions or improvements installed in the Sublease Premises by any person, including, without limitation, Sublandlord, prior to the earlier of the commencement of the Early Entry Period or the Sublease Commencement Date. If Sublessee Subtenant fails to so vacate the Sublease Premises on a timely basis as required, Sublessee in addition to the amounts for which Subtenant is responsible under the provisions of the Master Lease for such failure to vacate, Subtenant shall be responsible to Sublessor reimburse each of Sublandlord and to Master Lessor Landlord for all costs, expenses, reasonable attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) incurred by Sublessor Sublandlord and/or Master Lessor Landlord as a result of such failure to vacate, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed by law, on all amounts not paid by Sublessee Subtenant within ten (10) days of demand. Should Sublessee hold over after the termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee shall be deemed a holdover tenant at will. During such holdover period, Sublessee shall be liable for all damages incurred by Sublessor and/or Master Lessor as a result of Sublessee's holding over in the Sublease Premises. During such holding over, Sublessee shall become a Sublessee from month to month upon each and all of the terms herein provided as are applicable to such month to month tenancy and during such holding over, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of the Base Rent and additional Rent payable by Sublessee for the last month of the Sublease Term. Such tenancy shall continue until terminated by Sublessor, as provided by law, or until either party shall have given to the other at least thirty (30) days written notice.

SURRENDER AND HOLDOVER. Upon the expiration or earlier termination of this Sublease, Sublessee Subtenant shall promptly quit and surrender to Sublessor Sublandlord the Sublease Premises broom clean, in the same condition as received, ordinary wear and tear and loss by fire casualty (not arising from the actions or inactions of Subtenant or its agents, employees or contractors), acts of God, alterations, additions or improvements with respect to which Master Landlord has not reserved the right to require removal, Hazardous Materials (as defined below) not arising out of Hazardous Materials Activities conducted by Subtenant, its agents, employees, contractors, sublessees, assignees and other casualty expectedinvitees and condemnation excepted. Sublessee Subtenant shall removal remove all of its movable furniture and other effectseffects but shall leave the Furniture (as defined in Section 19 below) in the Sublease Premises. In no event shall Subtenant be obligated to remove any alterations, additions or improvements installed in the Sublease Premises by any person, including without limitation Sublandlord, prior to the earlier of the commencement of the Early Occupancy Period or the Sublease Commencement Date (or at any other time, if not constructed by or for the benefit of Subtenant). If Sublessee Subtenant fails to so vacate the Sublease Premises on a timely basis as required, Sublessee in addition to the amounts for which Subtenant is responsible under the provisions of the Master Lease for such failure to vacate Subtenant shall be responsible to Sublessor reimburse each of Sublandlord and to Master Lessor Landlord for all costs, expenses, reasonable attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) incurred by Sublessor Sublandlord and/or Master Lessor Landlord as a result of such failure to vacate, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed by law, on all amounts not paid by Sublessee Subtenant within ten (10) days of demand. Should Sublessee hold over after the termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee shall be deemed a holdover tenant at will. During such holdover period, Sublessee shall be liable for all damages incurred by Sublessor and/or Master Lessor as a result of Sublessee's holding over in the Sublease Premises. During such holding over, Sublessee shall become a Sublessee from month to month upon each and all of the terms herein provided as are applicable to such month to month tenancy and during such holding over, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of the Base Rent and additional Rent payable by Sublessee for the last month of the Sublease Term. Such tenancy shall continue until terminated by Sublessor, as provided by law, or until either party shall have given to the other at least thirty (30) days written notice.

SURRENDER AND HOLDOVER. Upon At the termination of this Lease by lapse of time or otherwise, Tenant will deliver immediate possession to Landlord. In the event Tenant or any party under Tenant claiming rights to this Lease, retains possession of the Premises after the expiration or earlier termination of this SubleaseLease, Sublessee shall promptly quit and surrender to Sublessor the Sublease Premises broom clean, in the same condition as received, ordinary wear and tear and loss by fire and Tenant (or such other casualty expected. Sublessee shall removal all of its movable furniture and other effects. If Sublessee fails to so vacate the Sublease Premises on a timely basis as required, Sublessee party) shall be responsible a tenant at sufferance and not a tenant at will and shall be entitled to Sublessor and to Master Lessor for all costs, expenses, attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) incurred by Sublessor and/or Master Lessor as a result receive no notice of such failure to vacate, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed by law, on all amounts not paid by Sublessee within ten (10) days of demand. Should Sublessee hold over after the termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee its tenancy pursuant to OFFICIAL CODE OF GEORGIA ANNOTATED Section 44-7-7; such parties shall be deemed a holdover tenant at will. During subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover period, Sublessee shall be liable for all damages incurred by Sublessor and/or Master Lessor as a result of Sublessee's holding over in the Sublease Premises. During such holding over, Sublessee shall become a Sublessee from month an amount equal to month upon each and all of the terms herein provided as are applicable to such month to month tenancy and during such holding over, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of 1.5 times the Base Rent and additional Rent payable by Sublessee for the last month in effect immediately preceding expiration or termination, as applicable, prorated on a daily basis, plus Tenant's Proportionate Share of the Sublease TermOperating Expenses. Such tenancy In such event, Tenant shall also be liable to Landlord for its actual, direct or consequential damages suffered or incurred by Landlord, including any claim made by any succeeding tenant of the Premises on account of such holdover by Tenant. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of Paragraphs 2 and 4 above. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend the Term of this Lease; no payments of money by Tenant to Landlord after the expiration or earlier termination of this Lease shall reinstate, continue or extend the Term of this Lease; and no extension of this Lease after the expiration or earlier termination thereof shall be valid unless and until terminated the same shall be reduced to writing and signed by Sublessorboth Landlord and Tenant. If Landlord elects to cause Tenant to be ejected from the Premises through judicial process, as provided by lawTenant agrees that Landlord will not be required to deliver Tenant more than one (1) days' notice to vacate prior to Landlord's filing of a "dispossessory proceeding" suit. In addition, or until either party Tenant agrees that Landlord shall have given be entitled to the other at least thirty (30) days written noticepayment of its reasonable legal fees in the event that Landlord prevails in a dispossessory proceeding action brought by Landlord.

SURRENDER AND HOLDOVER. Upon At the expiration of the Term or earlier termination of this Sublease, Subtenant shall promptly yield up the Sublease Space in the condition required under the Lease and this Sublease. Subtenant shall have no right to occupy the Sublease Space or any portion thereof after the expiration of this Sublease or after termination of the Lease or this Sublease or Subtenant’s right to possession in consequence of an Event of Default hereunder. In the event Subtenant or any Subtenant Party holds over, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Sublease Space, and to recover actual, direct damages incurred by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of such holdover, plus the reasonable attorneys’ fees and costs incurred by Sublandlord in connection with Subtenant’s holdover). Subtenant shall indemnify and hold harmless Sublandlord for, from, and against any and all liabilities, losses, obligations, damages (direct or indirect), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys’ fees and other charges) that are paid, suffered or incurred by Sublandlord as a result of the failure of, or the delay by, Subtenant in so surrendering the Sublease Space including, without limitation, all sums payable by Sublandlord to Landlord, or other liabilities of Sublandlord to Landlord under the Lease resulting from such delay. For the period that Subtenant or a Subtenant Party holds over, Subtenant shall pay to Sublandlord rent equal to the greater of: (i) holdover rent for which Sublandlord is liable under the Lease; or (ii) 175% of the rent payable under this Sublease. The acceptance by Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. The provisions of this Section 15 shall survive the expiration or earlier termination of this Sublease, Sublessee shall promptly quit and surrender to Sublessor the Sublease Premises broom clean, in the same condition as received, ordinary wear and tear and loss by fire and other casualty expected. Sublessee shall removal all of its movable furniture and other effects. If Sublessee fails to so vacate the Sublease Premises on a timely basis as required, Sublessee shall be responsible to Sublessor and to Master Lessor for all costs, expenses, attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) incurred by Sublessor and/or Master Lessor as a result of such failure to vacate, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed by law, on all amounts not paid by Sublessee within ten (10) days of demand. Should Sublessee hold over after the termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee shall be deemed a holdover tenant at will. During such holdover period, Sublessee shall be liable for all damages incurred by Sublessor and/or Master Lessor as a result of Sublessee's holding over in the Sublease Premises. During such holding over, Sublessee shall become a Sublessee from month to month upon each and all of the terms herein provided as are applicable to such month to month tenancy and during such holding over, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of the Base Rent and additional Rent payable by Sublessee for the last month of the Sublease Term. Such tenancy shall continue until terminated by Sublessor, as provided by law, or until either party shall have given to the other at least thirty (30) days written notice.

SURRENDER AND HOLDOVER. Upon At the expiration of the Sublease Term or earlier termination of this Sublease, Subtenant shall promptly yield up the Premises in the condition required under the Lease and this Sublease; provided, however, Subtenant shall not be required to remove the existing telephone and data cabling located in the Premises upon the expiration or earlier termination of this Sublease. Subtenant shall have no right to occupy the Premises or any portion thereof after the expiration of this Sublease or after termination of the Lease or this Sublease or Subtenant's right to possession in consequence of an Event of Default hereunder. In the event Subtenant or any Subtenant Party holds over, Sublessee shall promptly quit Sublandlord may exercise any and surrender all remedies available to Sublessor it at law or in equity to recover possession of the Sublease Premises broom cleanPremises, in the same condition as received, ordinary wear and tear and loss by fire and other casualty expected. Sublessee shall removal all of its movable furniture and other effects. If Sublessee fails to so vacate the Sublease Premises on a timely basis as required, Sublessee shall be responsible to Sublessor and to Master Lessor for all costsrecover actual, expenses, attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) incurred by Sublessor and/or Master Lessor as a result of such failure to vacate, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed by law, on all amounts not paid by Sublessee within ten (10) days of demand. Should Sublessee hold over after the termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee shall be deemed a holdover tenant at will. During such holdover period, Sublessee shall be liable for all direct damages incurred by Sublessor and/or Master Lessor as a result Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Sublesseesuch holdover, plus the reasonable attorneys' fees and costs incurred by Sublandlord in connection with Subtenant's holding over in the Sublease Premisesholdover). During such holding overSubtenant shall indemnify and hold harmless Sublandlord for, Sublessee shall become a Sublessee from month to month upon each from, and against any and all of the terms herein provided as liabilities, losses, obligations, damages (direct or indirect), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys' fees and other charges) that are applicable to such month to month tenancy and during such holding overpaid, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of the Base Rent and additional Rent payable by Sublessee for the last month of the Sublease Term. Such tenancy shall continue until terminated by Sublessor, as provided by law, or until either party shall have given to the other at least thirty (30) days written notice.suffered or

SURRENDER AND HOLDOVER. Upon At the expiration of the Sublease Term or earlier termination of this Sublease, Subtenant shall promptly yield up the Premises in the condition required under the Lease and this Sublease; provided, however, Subtenant shall not be required to remove the existing telephone and data cabling located in the Premises upon the expiration or earlier termination of this Sublease. Subtenant shall have no right to occupy the Premises or any portion thereof after the expiration of this Sublease or after termination of the Lease or this Sublease or Subtenant’s right to possession in consequence of an Event of Default hereunder. In the event Subtenant or any Subtenant Party holds over, Sublessee Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Premises, and to recover actual, direct damages incurred by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of such holdover, plus the reasonable attorneys’ fees and costs incurred by Sublandlord in connection with Subtenant’s holdover). Subtenant shall promptly quit indemnify and surrender to Sublessor the Sublease Premises broom cleanhold harmless Sublandlord for, in the same condition as receivedfrom, ordinary wear and tear against any and loss by fire all liabilities, losses, obligations, damages (direct or indirect), penalties, claims, costs and expenses (including, without limitation, reasonable attorneys’ fees and other casualty expected. Sublessee shall removal all of its movable furniture and other effects. If Sublessee fails to so vacate the Sublease Premises on a timely basis as requiredcharges) that are paid, Sublessee shall be responsible to Sublessor and to Master Lessor for all costs, expenses, attorneys fees and damages (including but not limited to any amounts required to be paid to third parties who were to have occupied the Sublease Premises) suffered or incurred by Sublessor and/or Master Lessor Sublandlord as a result of such the failure to vacateof, plus interest thereon at the rate of the lesser of 18% per annum or the maximum rate allowed delay by, Subtenant in so surrendering the Premises including, without limitation, all sums payable by lawSublandlord to Landlord, or other liabilities of Sublandlord to Landlord under the Lease resulting from such delay. For the period that Subtenant or a Subtenant Party holds over, such tenancy shall be from month-to-month only, and not a renewal hereof or an extension for any further term, and Subtenant shall pay to Sublandlord rent equal to any holdover rent for which Sublandlord is liable under the Lease. The acceptance by Sublandlord of any lesser sum shall be construed as payment on all amounts account and not paid by Sublessee within ten (10) days in satisfaction of demanddamages for such holding over. Should Sublessee hold over after The provisions of this section shall survive the expiration or earlier termination of this Sublease, with Sublessor's and Master Lessor's express written consent, Sublessee shall be deemed a holdover tenant at will. During such holdover period, Sublessee shall be liable for all damages incurred by Sublessor and/or Master Lessor as a result of Sublessee's holding over in the Sublease Premises. During such holding over, Sublessee shall become a Sublessee from month to month upon each and all of the terms herein provided as are applicable to such month to month tenancy and during such holding over, Sublessee shall pay monthly Base Rent and additional Rent to Sublessor at the rate of two hundred percent (200%) of the Base Rent and additional Rent payable by Sublessee for the last month of the Sublease Term. Such tenancy shall continue until terminated by Sublessor, as provided by law, or until either party shall have given to the other at least thirty (30) days written notice.