Common use of Surrender Holding Over Clause in Contracts

Surrender Holding Over. Upon the expiration or earlier termination of this Sublease, Subtenant shall surrender possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 2 contracts

Samples: Sublease Agreement (Intrepid Potash, Inc.), Sublease Agreement (Intrepid Potash, Inc.)

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Surrender Holding Over. Upon the expiration or earlier termination of this SubleaseAgreement, Subtenant shall will surrender possession of the Sublease Premises (including any cabling installed by Subtenant) and Personal Property to Sublandlord, in the same condition as the Sublease Premises and Personal Property were in on the first day of the Sublease TermSublandlord delivered possession to Subtenant, ordinary reasonable wear and tear excepted. Provided however, if Subtenant has made any alterations or modification to the Sublease Space and has obtained all necessary consents thereto, then the space as altered or modified need not be surrendered in the same condition as existed on the day Sublandlord delivered possession to Subtenant, with an exception for reasonable wear and tear thereto. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then the Subtenant shall will be deemed to be a subtenant from month to month, at a monthly Rent rent equal to 150% Two Hundred percent (200%) of the monthly fixed annual Base Sublease Rent for at the time of the final month year of the Sublease Term, prorated monthly and subject to all of the other provisions and conditions of this SubleaseAgreement. Nothing in this provision shall will be deemed or construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises for any period after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall will be guilty of an unlawful detention of the Sublease Premises and shall will be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall will pay rent Rent equal to Two Hundred percent (200% %) of the fixed annual Base Sublease Rent for at the time of the final month year of the Sublease TermTerm prorated monthly, plus any and all consequential damages suffered by Sublandlord (Sublandlord, including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall will indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees fees, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall will be entitled to all other remedies and damages provided under this Sublease Agreement or at law or in equity.

Appears in 2 contracts

Samples: Sublease Agreement (AntriaBio, Inc.), Sublease Agreement (AntriaBio, Inc.)

Surrender Holding Over. Upon On the expiration last day of the term or earlier any ----------------------------------- renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of this SubleaseTenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, Subtenant shall surrender be deemed abandoned. In the event Tenant remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease without the execution of a new lease but with the acquiescence of Landlord, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant it shall be deemed to be occupying said premises as a subtenant Tenant from month to month-to-month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other conditions, provisions and conditions obligations of this SubleaseLease insofar as the same can be applicable to a month-to-month tenancy. Nothing in this provision The period of such month-to-month tenancy shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end considered a renewal term of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any monththis Lease. If Subtenant holds over Tenant desires to lease the leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease, without Sublandlord’s written consent, Subtenant shall be guilty Tenant will notify Landlord of an unlawful detention Tenant's desire to enter into a lease of the Sublease Premises and shall be liable leased premises at least six (6) months prior to Sublandlord for damages for use the expiration of the Sublease Premises during term or the period of such unlawful detention and shall pay rent equal to 200% of renewal term, as the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equitycase may be.

Appears in 2 contracts

Samples: Keystone Automotive Industries Inc, Keystone Automotive Industries Inc

Surrender Holding Over. Upon On the expiration last day of the term or earlier any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of this SubleaseTenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, Subtenant shall surrender be deemed abandoned. In the event Tenant remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease without the execution of a new lease but with the acquiescence of Landlord, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant it shall be deemed to be occupying said premises as a subtenant Tenant from month to month-to-month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other conditions, provisions and conditions obligations of this SubleaseLease insofar as the same can be applicable to a month-to-month tenancy. Nothing in this provision The period of such month-to-month tenancy shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end considered a renewal term of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any monththis Lease. If Subtenant holds over Tenant desires to lease the leased premises after the expiration of the Sublease Term by lapse term and any renewal term of timethis Lease, without Sublandlord’s written consent, Subtenant shall be guilty Tenant will notify Landlord of an unlawful detention Tenant's desire to enter into a lease of the Sublease Premises and shall be liable leased premises at least six (6) months prior to Sublandlord for damages for use the expiration of the Sublease Premises during term or the period of such unlawful detention and shall pay rent equal to 200% of renewal term, as the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equitycase may be.

Appears in 2 contracts

Samples: Keystone Automotive Industries Inc, Keystone Automotive Industries Inc

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any so, quit and surrender possession of the Sublease Demised Premises to SublandlordLANDLORD in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as LANDLORD is required to repair or restore under the terms of this Lease, and TENANT shall remove all of TENANT’s property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and Surrender the Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (1) all damages that LANDLORD may suffer on account of TENANT’s failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding Tenant of the Demised Premises against LANDLORD based on delay of LANDLORD in delivering possession of the Demised Premises to said succeeding Tenant to the extent such delay is occasioned by the failure of TENANT to so quit and surrender said Premises, and (2) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waiver any of the LANDLORD’s right of re-entry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after TENANT shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant TENANT shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of binding on the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered LANDLORD unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or LANDLORD in equitywriting.

Appears in 2 contracts

Samples: Industrial Lease (Provide Commerce Inc), Lease Agreement (Provide Commerce Inc)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by Landlord upon the Demised Premises, Tenant shall peaceably and without notice of any sort, quit and surrender possession of the Sublease Demised Premises to SublandlordLandlord in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as Landlord is required to repair or restore under the terms of this Lease, and Tenant shall remove all of Tenant’s property therefrom. Tenant specifically agrees that in the event Tenant retains possession and does not so quit and Surrender the Demised Premises to Landlord, then Tenant shall pay Landlord (i) all damages that Landlord may suffer on account of Tenant’s failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Demised Premises against Landlord based on delay of Landlord in delivering possession of the Demised Premises to said succeeding tenant to the extent such delay is occasioned by the failure of Tenant to so quit and surrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of the Lease, during the time Tenant thus remains in possession. The provisions of this paragraph do not waive any of Landlord’s rights of reentry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after Tenant shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant Tenant shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered binding on Landlord unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equitywriting.

Appears in 1 contract

Samples: Industrial Lease Agreement (Pc Universe Inc)

Surrender Holding Over. Upon Tenant shall deliver up and surrender to the expiration or earlier termination of this Sublease, Subtenant shall surrender Landlord possession of the Sublease Premises to Sublandlordupon the expiration of the lease term, or its earlier termination for any reason, in as good condition and repair as the same condition as shall be at the Sublease Premises were in on the first day commencement of the Sublease Term, Term (ordinary wear and tear excepted), shall deliver the keys to the Property manager, and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. If Subtenant holds over Upon such surrender by Tenant, should the Premises require any repairs which are the responsibility of the Tenant hereunder, Landlord shall have the right to make such repairs at Tenant's sole cost. In the event Tenant or any party claiming under Tenant remain in possession of the Premises or any part thereof after the expiration of this Lease without Landlord's consent, no tenancy or interest in the Sublease Premises will result, and such action shall result in unlawful detainer and that party shall be subject to immediate eviction and removal (provided that, during any such period of occupancy by Tenant after the date the Lease Term by lapse expires or terminates, Tenant shall be obligated to pay an occupancy charge to Landlord at a per diem rate equal to two hundred percent (200%) of time, the per diem Base Rent and Additional Rent which was in effect during the last month of the Lease Term). In the event Tenant remains in possession of the Premises after the expiration of this Lease with Sublandlord’s Landlord's written consent but without any written agreement providing otherwisethe execution of a new lease, then Subtenant it shall be deemed to be occupying the Premises as a subtenant tenant from month to month, month at a monthly Rent rental equal to 150% one hundred percent (100%) of the monthly Base Rent for the final month of the Sublease Term, herein provided and otherwise subject to all the conditions, provisions and obligations of this Lease, including, but not limited to, Tenant's obligation to pay its Proportionate Share of increases in Taxes, Insurance Costs and Common Area Costs, and other obligations constituting "Additional Rent" as set forth herein, adjusted as necessary or appropriate to make the same applicable to a month to month tenancy. Tenant hereby agrees that Tenant shall give to Landlord at least thirty (30) days written notice to quit the Premises. The foregoing shall not constitute Landlord's consent for Tenant to holdover. In the event Tenant remains in possession of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, this Lease without Sublandlord’s written Landlord's consent, Subtenant Tenant shall be guilty also pay to Landlord all damages sustained by Landlord resulting from retention of an unlawful detention possession by Tenant, including without limitation the loss of any proposed subsequent tenant for any portion of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityPremises.

Appears in 1 contract

Samples: Article Xiv Non (Creditrust Corp)

Surrender Holding Over. This Lease shall terminate at 11:59 p.m. on the day of the expiration of the Lease Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease (or such other time as Tenant may vacate the Premises, Subtenant notwithstanding that so vacating may constitute a default), Tenant shall surrender possession peacefully surrender, quit and vacate the Premises and deliver up same to Landlord in accordance with the terms of this Lease and in good order, condition and repair, as the Sublease Premises to Sublandlord, same shall be on the date Tenant opens for business in the same condition as Premises, or the Sublease date any subsequent improvements to the Premises were in on the first day of the Sublease Termare completed, ordinary wear and tear and damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted, broom clean, with all trash removed. If Subtenant holds Tenant shall also deliver to Landlord all keys to the Premises and shall inform Landlord of all combinations and codes on any locks, alarms, safes and vaults in the Premises. In the event of holding over by Tenant after expiration or other termination of this Lease, or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Paragraph 24(b) hereof, Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant after the expiration of the Sublease Lease Term by lapse shall be construed to extend the term of timethis Lease, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant and Tenant shall be deemed to be a subtenant from month tenant-at-sufferance during such holdover period. If, as a direct result of Tenant's holding over in the Premises after expiration or other termination of this Lease, Landlord suffers damages or incurs additional obligations to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to any third party who has leased part or all of the other provisions and conditions of this Sublease. Nothing in this provision Premises, Tenant shall be construed indemnify Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period extent of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Termdamages or additional obligations, plus any and all consequential damages suffered by Sublandlord (including, including without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable limitation Landlord's attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity' fees.

Appears in 1 contract

Samples: Lease Agreement (Legal Club of America Corp)

Surrender Holding Over. This Lease shall terminate at 11:59 p.m. on the day of the expiration of the Lease Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease (or such other time as Tenant may vacate the Premises, Subtenant notwithstanding that so vacating may constitute a default), Tenant shall surrender possession peacefully surrender, quit and vacate the Premises and deliver up same to Landlord in accordance with the terms of this Lease and in good order, condition and repair, as the Sublease Premises to Sublandlord, same shall be on the date Tenant opens for business in the same condition as Premises, or the Sublease date any subsequent improvements to the Premises were are completed, damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted, broom clean, with all trash removed. Tenant shall also deliver to Landlord all keys to the Premises and shall inform Landlord of all combinations and codes on any locks, alarms, safes and vaults in on the first day Premises. In the event of holding over by Tenant after expiration or other termination of this Lease, or in the Sublease Termevent Tenant continues to occupy the Premises after the termination of Tenant's right of possession, ordinary wear Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and tear exceptedAdditional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. If Subtenant holds No holding over by Tenant after the expiration of the Sublease Lease Term by lapse shall be construed to extend the term of timethis Lease, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant and Tenant shall be deemed to be a subtenant from month to monthtenant-at-sufferance during such holdover period. If, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of Tenant's holding over in the Premises after expiration or other termination of this Lease, Landlord suffers damages or incurs additional obligations to any third party who has leased part or all of the Premises, Tenant shall indemnify Landlord to the extent of such unapproved holding over. Notwithstanding the foregoingdamages or additional obligations, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityincluding without limitation Landlord's attorneys' fees.

Appears in 1 contract

Samples: Lease Agreement (Car Charging Group, Inc.)

Surrender Holding Over. Upon Tenant will vacate and deliver up the Premises and all improvements, additions and alterations thereto, except and only to the extent Landlord requests removal of such improvements, additions and alterations pursuant to Section 13 (except Tenant signs, equipment and trade fixtures installed by Tenant at its expense which may be removed by Tenant), at the expiration or earlier termination of this Sublease, Subtenant shall surrender possession of the Sublease Premises to SublandlordLease, in the same a good, clean and tenantable condition as the Sublease Premises same were in on at the first day beginning of Tenant's occupancy, excepting reasonable wear, damage by fire and other casualty or appropriation by eminent domain. Tenant expressly agrees to perform and complete any and all of its repair or maintenance obligations specified under Section 9 prior to its vacating the Sublease Term, ordinary wear Premises. Tenant may remove its trade fixtures and tear excepted. If Subtenant holds over equipment within ten (10) days after the expiration or sooner termination of this Lease, provided (a) removal of the Sublease Term by lapse Tenant item can be accomplished without major damage to the Premises; and (b) Tenant immediately repairs (or reimburses Landlord for the cost of time, with Sublandlord’s consent but without repairing any written agreement providing resulting damage or defacements)." (c) Tenant is not in default hereunder (otherwise, then Subtenant all such items shall become Landlord's property. Upon its surrender of the Premises, Tenant agrees to provide that all entrance and exit doors are repaired and in good order, all lighting and ballast are repaired and in good working order and all lights are replaced, as necessary and burning, in addition to any other Tenant obligation in connection with the condition of the Premises upon surrender. During any such holdover period, Tenant shall be deemed a tenant from month-to- month only, and shall be subject to be a subtenant from month and bound by all terms and conditions hereunder, except those as to monthterm hereof and except that during such holdover tenancy, Tenant shall pay to Landlord (a) rent at a monthly Rent the rate equal to 150% one hundred thirty percent (130%) at the rate of the monthly Rent for the final month of the Sublease Term, and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after rent then existing at the end of the Sublease TermLease, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus (b) any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any operating expenses and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityadditional rent payable hereunder.

Appears in 1 contract

Samples: Inspire Pharmaceuticals Inc

Surrender Holding Over. Upon the expiration or earlier other termination of this Subleasethe Term, Subtenant Tenant shall promptly quit the Premises and surrender possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were to Landlord in on the first day of the Sublease Termgood order and condition, ordinary wear and tear and loss by fire or other casualty excepted, unless due to the negligence of Tenant, and Tenant shall remove all of its movable furniture, trade fixtures and other personal property. The parties agree that their respective rights and obligations regarding goods, furniture, furnishings, trade fixtures and any other personal property belonging to Tenant which is left in the Premises at the end of the Term will be governed by the provisions of Section 52 of Title 41 of the Oklahoma Statutes, as the same may be amended from time to time. If Subtenant holds over Tenant remains in possession of the Premises after the expiration of the Sublease Term by lapse of timeand continues to pay Rent, with Sublandlord’s consent but and Landlord accepts such Rent, without any express written agreement providing otherwiseas to such holding over, then Subtenant such holding over shall be deemed to be a subtenant tenancy from month to month-to-month, subject to all the terms and conditions hereof on the part of Tenant to be observed and performed and at a monthly Base Rent equal equivalent to 150% two hundred percent (200%) of the monthly Base Rent for payable by Tenant immediately prior to such expiration, plus all other Additional Rent payable hereunder. All such Rent shall be payable in advance on the final month same day of the Sublease Term, and subject to all of the other provisions and conditions of this Subleaseeach calendar month. Nothing in this provision contained herein shall be construed as obligating Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for accept any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over rental tendered by Tenant after the expiration of the Sublease Term by lapse or to relieve Tenant of time, its obligation as set forth above to surrender the Premises at the end of the Term and any holdover without SublandlordLandlord’s written consent, Subtenant consent shall be guilty deemed a default hereunder entitling Landlord to all of an unlawful detention of the Sublease Premises its rights and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expensesremedies set forth in Article 15 below, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled its right to all other remedies and recover consequential damages provided under this Sublease or at law or in equityresulting from said holdover.

Appears in 1 contract

Samples: Founders Tower Office Lease (Amerivision Communications Inc)

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Surrender Holding Over. Upon the Expiration Date or earlier termination of this Lease, or upon any re-entry of the Premises by Landlord without terminating this Lease pursuant to Section 13.2, Tenant, at Tenant’s sole cost and expense, shall peacefully vacate and surrender the Premises to Landlord in good order, broom clean and in the same condition as at the beginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Tenant’s improvements were made with Landlord’s consent), reasonable use and wear thereof and repairs which are Landlord’s obligations under Article 9, Article 15 and Article 16 only excepted, and Tenant shall, pursuant to Section 10.3 hereof, remove all of Tenant’s Premises Property and turn over all keys for the Premises to Landlord. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to require Tenant to remove, at Tenant’s sole cost and expense, all phone and data cabling used by the Tenant, and Tenant shall repair any damage caused to the Premises or the Building as a result of such removal. Should Tenant continue to hold the Premises after the expiration or earlier termination of this SubleaseLease, Subtenant such holding over, unless otherwise agreed to by Landlord in writing, shall surrender possession constitute and be construed as a tenancy at sufferance at monthly installments of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant shall be deemed to be a subtenant from month to month, at a monthly Rent equal to (i) one hundred fifty percent (150% %) of the Base Rent in effect as of the date of expiration or earlier termination for the first sixty (60) days of any such holdover, and (ii) two hundred percent (200%) of the monthly portion of Rent for the final month in effect as of the Sublease Termdate of expiration or earlier termination after the first sixty (60) days of any such holdover, and subject to all of the other provisions terms, charges and conditions of expenses set forth herein except any right to renew this SubleaseLease or to expand the Premises or any right to additional services. Nothing in this provision Tenant shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall also be liable to Sublandlord Landlord for damages for use all consequential and other damage which Landlord suffers because of any holding over by Tenant, and, after the first thirty (30) days of any such holdover, 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 Sublease Premises during to such other tenant or prospective tenant. The provisions of this Article 19 shall survive the period expiration or earlier termination of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityLease.

Appears in 1 contract

Samples: Lease Agreement (Calamos Asset Management, Inc. /DE/)

Surrender Holding Over. Upon On the expiration last day of the term of this Lease, or upon any earlier termination of this SubleaseLease, Subtenant or upon any re-entry by LANDLORD upon the Demised Premises, TENANT shall peaceably and without notice of any sort, quit and surrender possession of the Sublease Demised Premises to SublandlordLANDLORD in good order, in the same condition as the Sublease Premises were in on the first day of the Sublease Termcondition, and repair, except for ordinary wear and tear exceptedand such damage or destruction as LANDLORD is required to repair or restore under the terms of this Lease, and TENANT shall remove all of TENANT's property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and Surrender the Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (i) all damages that LANDLORD may suffer on account of TENANT's failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding tenant of the Demised Premises against LANDLORD based on delay of LANDLORD in delivering possession of the Demised Premises to said succeeding tenant to the extent such delay is occasioned by the failure of TENANT to so quit and surrender said Premises, and (ii) rent for each month or any applicable portion of a month of such holding over at 175% the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waive any of the LANDLORD's rights of re-entry or any other right under the terms of this lease or the laws of Florida. If Subtenant holds over after TENANT shall fail to surrender the expiration of the Sublease Term by lapse of timePremises as herein provided, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant no new tenancy shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, created and subject to all of the other provisions and conditions of this Sublease. Nothing in this provision shall be construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant TENANT shall be guilty of an unlawful detention detainer. No surrender of this Lease or of the Sublease Premises and shall be liable to Sublandlord for damages for use of binding on the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered LANDLORD unless acknowledged by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or LANDLORD in equitywriting.

Appears in 1 contract

Samples: Industrial Lease Agreement (Rexall Sundown Inc)

Surrender Holding Over. Upon the expiration of this Lease or the earlier termination of this SubleaseTenant's right to possession, Subtenant Tenant shall surrender possession immediately vacate the Premises, remove all of its personal property therefrom and leave the Sublease Premises to Sublandlord, in the same condition as required by this Lease. Any property required to be removed pursuant to the Sublease Premises were in on the first day terms of the Sublease Termthis Lease and not removed shall be deemed abandoned, ordinary wear and tear exceptedTenant shall be liable for all costs of removal and disposal. If Subtenant holds over Tenant continues to occupy the Premises or any part thereof, after the expiration or termination of the Sublease Term by lapse Term, whether with or without the consent of timethe Landlord, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant such tenancy shall be deemed at will (except that Landlord shall have the right, by giving written notice thereof to Tenant at time while Tenant remains in possession of any portion of the Premises, to convert such holdover to a month-to month tenancy) and Tenant shall continue to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to bound by all of the other provisions terms and conditions of this SubleaseLease except that the monthly rent shall be one and one-half (1-1/2) times the Base Rent and Tenant's Additional Rent payable immediately prior to such expiration or termination. Nothing in this provision No holding over by Tenant after the Term shall be construed to require Sublandlord extend this Lease. The entitlement to permit Subtenant the holdover rental amount will be Landlord's exclusive right and remedy against Tenant for any holdover not in excess of sixty (60) days and will be deemed to occupy cover all liabilities, obligations or charges which may be incurred by Landlord because of a holdover by Tenant which does not exceed sixty (60) days, but neither this Section 30 nor the Sublease Premises after the end acceptance of any rent shall prevent Landlord from exercising any remedy to regain immediate possession of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any monthPremises. If Subtenant Tenant holds over after the expiration for a period in excess of the Sublease Term by lapse of timesixty (60) days, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and Tenant shall be liable to Sublandlord Landlord for all damages which Landlord sustains because of such hold over including all claims for damages for use by any tenant to whom Landlord may have leased all or any part of the Sublease Premises during effective upon the period termination of such unlawful detention this Lease and shall pay rent equal to 200% for any other liability, loss, cost, damage or expense (including attorneys' fees, disbursements of the Rent for the final month counsel and any costs of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or suit) incurred by Sublandlord Landlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Confidentiality Agreement (Capella Education Co)

Surrender Holding Over. Upon the expiration or earlier At termination of this SubleaseLease, Subtenant Lessee shall surrender the Premises and keys thereof to Lessor in same condition as at commencement of Term, broom clean, normal wear and tear only excepted, and shall promptly remove from the Premises all signs, trash, debris and property of Lessee. If upon any termination of this Lease herein, Lessee shall be liable in any amount to Lessor, Lessor shall have a lien upon the personal property and effects of Lessee at the Premises and Lessor may, at its option without notice, sell at public or private sale all or part of said property and effects for such price as Lessor may deem best and apply the proceeds of such sale upon any amount due under this Lease from Lessee to Lessor, including the expenses of removal and sale. If Lessee remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day after expiration of the Sublease Lease Term, ordinary wear with Lessor’s knowledge and tear exceptedwithout any distinct agreement of the parties, Lessee shall be a tenant from month to month and such tenancy shall be subject to all the provisions hereof, except that the Monthly Rental shall be as negotiated for such holdover period, but not less than the Monthly Rental payable during the last month prior to the expiration of the Lease Term or any renewal or extension thereof, and there shall be no renewal of this Lease by operation of law. If Subtenant holds over In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the Demised Premises after the expiration of the Sublease Term by lapse Lease Term, it shall so remain as a tenant from month-to-month and all provisions of timethis Lease applicable to such tenancy shall remain if full force and effect, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant except that the monthly rental shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent rental payable for the final last month of the Sublease Term, and subject to all term of the other provisions and conditions Lease plus one hundred percent (100%) of this Subleasesuch amount. Nothing in this provision The inclusion of the proceeding sentence shall not be construed as Lessor’s permission for Lessee to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding hold over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Agreement (Ebank Financial Services Inc)

Surrender Holding Over. Upon the expiration or earlier At termination of this SubleaseLease, Subtenant Lessee shall surrender the Premises and keys thereof to Lessor in same condition as at commencement of Term, broom clean, normal wear and tear only excepted, and shall promptly remove from the Premises all signs, trash, debris and property of Lessee. If upon any termination of this Lease herein, Lessee shall be liable in any amount to Lessor, Lessor shall have a lien upon the personal property and effects of Lessee at the Premises and Lessor may, at its option without notice, sell at public or private sale all or part of said property and effects for such price as Lessor may deem best and apply the proceeds of such sale upon any amount due under this Lease from Lessee to Lessor, including the expenses of removal and sale. If Lessee remains in possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day after expiration of the Sublease Lease Term, ordinary wear with Lessor’s knowledge and tear exceptedwithout any distinct agreement of the parties, Lessee shall be a tenant from month to month and such tenancy shall be subject to all the provisions hereof, except that the Monthly Rental shall be as negotiated for such holdover period, but not less than the Monthly Rental payable during the last month prior to the expiration of the Lease Term or any renewal or extension thereof, and there shall be no renewal of this Lease by operation of law. If Subtenant holds over In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the Demised Premises after the expiration of the Sublease Term by lapse Lease Term, it shall so remain as a tenant from month-to-month and all provisions of timethis Lease applicable to such tenancy shall remain if full force and effect, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant except that the monthly rental shall be deemed to be a subtenant from month to month, at a monthly Rent equal to 150% of the monthly Rent rental payable for the final last month of the Sublease Term, and subject to all term of the other provisions and conditions Lease plus one hundred per cent (100%) of this Subleasesuch amount. Nothing in this provision The inclusion of the proceeding sentence shall not be construed as Lessor’s permission for Lessee to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding hold over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Centre Office (Ebank Financial Services Inc)

Surrender Holding Over. Upon On the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall surrender possession of yield up the Sublease Premises to Sublandlord, Landlord in the same condition and repair in which the Premises were on the date Tenant took possession of the Premises, or as the Sublease same may have been improved during the Term, reasonable wear and tear, obsolescence, damage caused by the negligent acts (but not negligent omissions) or willful misconduct of Landlord, its agents, employees, invitees, contractors and others for whom Landlord is legally responsible, and damage caused by any breach of any of Landlord’s obligations under this Lease, excepted, and subject to fire and casualty and condemnation which shall be governed by the applicable provisions of this Lease. Except as set forth at Section 7(d) and at Exhibit H, Tenant shall not be required to remove any Tenant Improvements or permanent alterations or other permanent improvements to the Premises; however, Tenant shall have the right to remove any trade fixtures or equipment, provided it shall repair any damage to the Premises were resulting therefrom. If Tenant remains in on the first day possession of the Sublease Term, ordinary wear and tear excepted. If Subtenant holds over Premises after the expiration of the Sublease Term Term, or after any permitted termination of this Lease by lapse of timeLandlord, with SublandlordLandlord’s consent but acquiescence and without any written agreement providing otherwisebetween the parties, then Subtenant Tenant shall be deemed a tenant at sufferance and such tenancy shall be subject to all the provisions hereof, except that the Monthly Base Rental for said holdover period shall be a subtenant from month to month, at a monthly Rent equal to one hundred fifty percent (150% %) of the monthly amount of Rent for due in the final last full month of the Sublease Term, and subject to all of the other provisions and conditions . There shall be no renewal of this SubleaseLease by operation of law. Nothing in this provision Paragraph shall be construed as a consent by Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end possession of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over by Tenant after the expiration or earlier termination of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.

Appears in 1 contract

Samples: Lease Agreement (Diodes Inc /Del/)

Surrender Holding Over. This Lease shall terminate upon expiration of the Lease Term without the necessity of notice from either Landlord or Tenant. Upon the expiration or earlier termination of this SubleaseLease, Subtenant Tenant shall surrender possession peacefully surrender, quit and vacate the Premises and deliver the same to Landlord in good order, condition and repair, as the same shall be on the date of execution of this Lease or, at Landlord’s option, the Sublease Premises to Sublandlord, date Tenant opens for business in the same condition as Premises, or the Sublease date any subsequent improvements to the Premises were in on the first day of the Sublease Termare completed, ordinary wear and tear exceptedand damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted . If Subtenant holds The Premises shall be delivered broom clean, with all trash removed. Tenant shall also deliver to Landlord all keys to the Premises and shall inform Land lord of all combinations and codes on any locks, alarms, safes and vaults in the Premises. In the event of holding over by Tenant after expiration or other termination of this Lease, or in the event Tenant continues to occupy the Premises after the termination of Tenant’s right of possession pursuant to Section 24(b), Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and Additional Rent had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant after the expiration of the Sublease Lease Term by lapse shall be construed to extend the term of time, with Sublandlord’s consent but without any written agreement providing otherwise, then Subtenant this Lease. Tenant shall be deemed to be a subtenant from month tenant-at-sufferance during such holdover period. If, as a direct result of Tenant’s holding over in the Premises, Landlord suffers damages or incurs additional obligations to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to any third Party who has leased part or all of the other provisions and conditions of this Sublease. Nothing in this provision Premises, Tenant shall be construed indemnify Landlord to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of any month. If Subtenant holds over after the expiration of the Sublease Term by lapse of time, without Sublandlord’s written consent, Subtenant shall be guilty of an unlawful detention of the Sublease Premises and shall be liable to Sublandlord for damages for use of the Sublease Premises during the period extent of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Termdamages or additional obligations, plus any and all consequential damages suffered by Sublandlord (including, including without limitation, damages payable by Sublandlord to Landlord by reason of Subtenantlimitation Landlord’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the foregoing, Sublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equityfees.

Appears in 1 contract

Samples: Lease Agreement (Diversified Health & Fitness Inc)

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