Common use of Surrender of Possession Clause in Contracts

Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all or a portion of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a month-to-month tenancy, terminable upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20. In the event that Tenant commits an Event of Default or remains in possession of the Premises or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created hereby, then Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and not a tenancy-at-will.

Appears in 2 contracts

Samples: Letter (Riverbed Technology, Inc.), Riverbed Technology, Inc.

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Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination to one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other Party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant’s occupancy Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability to the extent caused by Lessee's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (A-Mark Precious Metals, Inc.)

Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be as follows (i) for the first two (2) months of such holding over, the Base Rental shall be one hundred twenty-five percent (125%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease, and (ii) thereafter, the Base Rental shall be one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other Party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after expiration (and provided that Lessor has provided Lessee with at least thirty (30) days prior written notice that Lessor has a signed proposal or lease from a succeeding lessee to lease the expiration of any month-to-month tenancy or tenancy-at-will created herebyPremises), then Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee’s failure to surrender the Premises, including, but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and any related attorneys’ fees and brokerage commissions. Lessor’s (Landlord’s) initials Lessee’s (Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and not a tenancy-at-will.’s) initials

Appears in 1 contract

Samples: Lease Agreement (Fisker Inc./De)

Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination of this Lease to equal the greater of (a) one hundred fifty percent (150%) of the then prevailing monthly rental rate for similar commercial space, as determined by Lessor, or (b) one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then TenantLessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (Manhattan Bancorp)

Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Lease Term (and all options, if any, properly exercised under Article XXV) or earlier termination of this Lease. If Tenant surrenders possession of shall continue to occupy or possess the Premises to after such expiration or termination without the consent of Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession All the terms, provisions and conditions of all or a portion of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy this Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Lease Term, and except that the Minimum Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed Lease to be that equal one hundred twenty-five percent (125%) of a tenancy-at-will, terminable upon five (5) days’ written notice, and the Minimum Rent for the Premises in no event shall such occupancy be deemed from effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon fifteen (15) days’ prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant shall indemnify, defend and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.

Appears in 1 contract

Samples: Work Letter Agreement (First Look Studios Inc)

Surrender of Possession. Tenant Lessee shall surrender surrender, subject to the provisions of Section 22.2 below, possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that (a) if Lessee should not be vacating the Premises, then the Base Rental shall be immediately adjusted upward to equal one hundred twenty-five percent (125%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then TenantLessee shall, subject to the provisions of Section 22.2 below, indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (Peerless Systems Corp)

Surrender of Possession. Tenant shall surrender possession of the ----------------------- Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all or a portion of the Premises after the expiration or earlier termination of the TermLease. If Tenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, with Landlord’s express written consent, Tenant’s occupancy then Tenant shall be deemed a tenant at will, but if Landlord has consented to such holdover in writing, Tenant shall be that a tenant from month-to-month. All the terms, provisions and conditions of a the Lease shall apply to the month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the TermLease to equal the greater of (a) the then prevailing monthly rental rate for similar commercial space, without as determined by Landlord’s express written consent, Tenant’s occupancy shall be deemed or (b) one hundred twenty- five percent (125%) of the Base Rent for the Premises in effect under this Lease on the day immediately prior to be that the date of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from the expiration or earlier termination of the Lease. The month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon thirty (30) days prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20nonterminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such expiration or earlier termination, then Tenant shall indemnify and hold Landlord harmless against all losses or liability resulting from or arising out of Tenant's failure to surrender the Premises, including, but not limited to, any part thereof after amounts required to be paid to or damages incurred due to the expiration loss of any month-to-month tenancy tenant or tenancy-at-will created herebyprospective tenant who was to have occupied the Premises after said termination or expiration and any related attorneys' fees and brokerage commissions, then Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and not a tenancy-at-willprovided that Landlord notifies Tenant of such tenant or prospective tenant.

Appears in 1 contract

Samples: Construction Agreement (Smart & Final Inc/De)

Surrender of Possession. Tenant shall surrender possession of the ------------------------ Premises immediately upon the expiration of the Term or termination of this the Lease. If the Tenant surrenders possession shall continue to occupy the Premises after such expiration or termination with the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, the Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Lease to two hundred percent (200%) of the then prevailing Basic Rent plus Tenant’s occupancy shall be deemed to be that 's Pro Rata Share of a tenancy-at-will, terminable upon five Taxes and Cost of Operation and Maintenance on the date of the expiration or termination of the Lease (5) days’ written notice, and in no event shall such occupancy be deemed from "Holdover Rent"). This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon fifteen (15) days' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20nonterminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after expiration or if Tenant occupies the expiration of any month-to-month tenancy or tenancy-at-will created herebyPremises without Landlord's written consent, then Tenant shall pay Landlord Basic Rent equal to the Holdover Rent and shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall 's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions, and any amounts permitted to be recovered pursuant to the California Civil Code and the California Code of Civil Procedure.

Appears in 1 contract

Samples: Office Lease (Anchor Pacific Underwriters Inc)

Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this the Lease. If Tenant surrenders possession shall continue to occupy or possess the Premises after such expiration or termination without the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Rental shall be immediately adjusted upward upon the expiration or termination of the Lease to equal CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION of the Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of the Lease. This month-to-month tenancy may be terminated by Landlord or Tenant upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall 's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related reasonable attorneys' fees and brokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (Brilliant Digital Entertainment Inc)

Surrender of Possession. Xxxxxx agrees at the Expiration Date to peacefully surrender and deliver the Leased Premises to Landlord. In the event Tenant shall surrender retains possession of the Leased Premises immediately upon beyond the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Expiration Date and continues to pay rent, and if Landlord in a condition other than that required under this Leaseaccepts such rent without any express written agreement as to such holding over, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all or a portion of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a month-to-month tenancytenant subject to the terms and conditions set forth in this Lease, terminable upon thirty as applicable. In the event of such a continuation on a month-to-month basis, this Lease may then be terminated by either party giving twenty-one (3021) days’ written notice. If Tenant retains possession notice prior to the end of the Premises or rental month, and Landlord may, at Xxxxxxxx’s option, increase the rent for any part thereof such holdover period by giving Tenant twenty-one (21) days’ written notice prior to the end of the rental month. The rental month shall begin with the due date of the monthly rent. Nothing contained herein shall be construed as requiring Landlord to accept any rent tendered by Tenant after the expiration Expiration Date, or earlier termination to permit Tenant to hold over. In the event Tenant holds over without the written consent of the TermLandlord, without Landlord’s express written consentthis Lease shall not be deemed renewed, Tenant’s occupancy Tenant shall be deemed to be that of a tenancy-at-willillegally retaining possession, terminable upon five (5) days’ written notice, Tenant and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy Tenant’s property shall be subject to all of eviction and removal by any means permitted by applicable law, and Tenant shall be liable to Landlord for an amount equal to three times the provisions rental rate in effect immediately prior to the expiration or termination of this Lease pertaining for the entire period of any such holdover. Such amount shall be considered liquidated damages for the loss of use of the Leased Premises during such holdover period. No such holding over and no acceptance by Landlord of payments of such liquidated damages shall be construed to extend the obligations Term of this Lease. Further, the above-described liquidated damages are solely for the loss of use of the Leased Premises during the holdover period, and Tenant shall be and remain liable to Landlord for all other harm arising as a result of such holdover, including, but not limited to, attorneys’ fees, court costs, and the rights loss of Landlord during the Term shall apply, except as expressly modified by this Section 20. In the event that Tenant commits an Event of Default a new tenant or remains in possession a prospective purchaser of the Premises Leased Premises, and Landlord may exercise all other rights and remedies available at law, in equity, or any part thereof after the expiration of any month-to-month tenancy by statute or tenancy-at-will created hereby, then Tenant’s occupancy shall be deemed to a tenancy-at-sufferance and not a tenancy-at-willotherwise.

Appears in 1 contract

Samples: Residential Lease

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Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration or earlier termination of the Term or termination of this Lease. If Tenant surrenders possession of shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then Tenant shall be a tenant at sufferance. If Landlord has consented to Landlord such holdover in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after Lease shall apply to the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the Base Rent shall be immediately adjusted upward upon the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy shall be deemed Lease to be that equal the greater of a month-to-month tenancy, terminable upon thirty (30i) days’ written notice. If Tenant retains possession one hundred fifty percent (150%) of the then prevailing monthly rental rate for similar commercial space, as determined by Landlord; or (ii) one hundred fifty percent (150%) of the Base Rent for the Premises or any part thereof after in effect under this Lease on the day immediately prior to the date of the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from Lease. The month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon thirty (30) days prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such expiration or earlier termination, then Tenant shall indemnify and hold Landlord harmless against all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys’ fees) resulting from or arising out of Tenant’s failure to surrender the Premises. This includes, but is not limited to any part thereof after amounts required to be paid or damages incurred due to the expiration loss of any month-to-month tenancy tenant or tenancy-at-will created hereby, then Tenant’s occupancy shall be deemed prospective tenant who was to a tenancy-at-sufferance have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys’ fees and brokerage commissions.

Appears in 1 contract

Samples: Lease (1st Pacific Bancorp)

Surrender of Possession. Tenant Lessee shall surrender possession of the Premises immediately upon the expiration of the Term or termination of this Lease. If Tenant surrenders possession of the Premises Lessee shall continue to Landlord in a condition other than that required under this Lease, Tenant shall be responsible for all costs incurred by Landlord arising from such failure. If Tenant retains possession of all occupy or a portion of possess the Premises after the such expiration or earlier termination without the consent of the TermLessor, with Landlord’s express written consentthen unless Lessor and Lessee have otherwise agreed in writing, Tenant’s occupancy Lessee shall be deemed a tenant from month-to-month. All the terms, provisions and conditions of this Lease shall apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rental shall be immediately adjusted upward upon the expiration or termination of this Lease to equal one hundred fifty percent (150%) of the Base Rental for the Premises in effect under this Lease during the month which includes the day immediately prior to the date of the expiration or termination of this Lease. This month-to-month tenancy may be terminated by Lessor or Lessee upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from month-to-month or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining ' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20other party. In the event that Tenant commits an Event of Default or remains in possession of Lessee fails to surrender the Premises upon such termination or any part thereof after the expiration of any month-to-month tenancy or tenancy-at-will created herebyexpiration, then Tenant’s occupancy Lessee shall indemnify, defend and hold Lessor harmless against all loss or liability resulting from or arising out of Lessee's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (Advanced Communications Technologies Inc)

Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration or earlier termination of the Term or termination of this Lease. If Tenant surrenders possession of shall continue to occupy or possess the Premises after such expiration or termination without the consent of Landlord, then Tenant shall be a tenant at will. If Landlord has consented to Landlord such holdover in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after Lease shall apply to the month-to-month tenancy except those terms, provisions and conditions pertaining to the Lease Term, and except that the rental shall be immediately adjusted upward upon the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy shall be deemed Lease to be that equal the greater of a month-to-month tenancy, terminable upon thirty (30i) days’ written notice. If Tenant retains possession one hundred fifty percent (150%) of the then prevailing monthly rental rate for similar commercial space, as determined by Landlord; or (ii) one hundred fifty percent (150%) of the Rental for the Premises or any part thereof after in effect under this Lease on the day immediately prior to the date of the expiration or earlier termination of the Term, without Landlord’s express written consent, Tenant’s occupancy shall be deemed to be that of a tenancy-at-will, terminable upon five (5) days’ written notice, and in no event shall such occupancy be deemed from Lease. The month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon thirty (30) days prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such expiration or earlier termination, then Tenant shall indemnify and hold Landlord harmless against all losses or liability resulting from or arising out of Tenant's failure to surrender the Premises. This includes, but is not limited to any part thereof after amounts required to be paid or damages incurred due to the expiration loss of any month-to-month tenancy tenant or tenancy-at-will created hereby, then Tenant’s occupancy shall be deemed prospective tenant who was to a tenancy-at-sufferance have occupied the Premises after said termination or expiration and not a tenancy-at-will.any related attorneys' fees and brokerage commissions. 20.14

Appears in 1 contract

Samples: Standard Lease Agreement (Intest Corp)

Surrender of Possession. Tenant shall surrender possession of the Premises immediately upon the expiration of the Term or earlier termination of this Lease. If Tenant surrenders possession shall continue to occupy or possess the Building after such expiration or termination without the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term and except that the monthly Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the TermLease to equal the greater of (a) one hundred fifty percent (150%) of the then fair market rent for similar commercial space, without as determined by Landlord’s express written consent, Tenant’s occupancy shall be deemed or (b) one hundred fifty percent (150%) of the monthly Base Rent for the Premises in effect unde r this Lease during the month which includes the day immediately prior to be that the date of a tenancy-at-will, terminable upon five the expiration or termination of the Lease (5) days’ written notice, and in no event shall such occupancy be deemed from “Base Term Rent”). This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon ten (10) days’ prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20non-terminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises or any part thereof after immediately upon the expiration of any month-to-month tenancy the Term or tenancy-at-will created herebyearlier termination of the Lease, then Tenant shall indemnify and hold Landlord harmless against all damages, loss or liability resulting from or arising out of Tenant’s occupancy shall failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration of any related attorneys’ fees and not a tenancy-at-willbrokerage commissions.

Appears in 1 contract

Samples: Lease Agreement (Ikos Systems Inc)

Surrender of Possession. Tenant shall surrender possession of the ----------------------- Premises immediately upon the expiration of the Term or termination of this the Lease. If the Tenant surrenders possession shall continue to occupy the Premises after such expiration or termination with the consent of the Premises to Landlord, then unless Landlord and Tenant have otherwise agreed in a condition other than that required under this Leasewriting, the Tenant shall be responsible for all costs incurred by Landlord arising a tenant from such failuremonth-to-month. If Tenant retains possession of all or a portion All the terms, provisions and conditions of the Premises after the expiration or earlier termination of the Term, with Landlord’s express written consent, Tenant’s occupancy Lease shall be deemed apply to be that of a this month-to-month tenancytenancy except those terms, terminable provisions and conditions pertaining to the Term, and except that the Base Rent shall be immediately adjusted upward upon thirty (30) days’ written notice. If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, without Landlord’s express written consent, Lease to two hundred percent (200%) of the then prevailing Basic Rent plus Tenant’s occupancy shall be deemed to be that 's Pro Rata Share of a tenancy-at-will, terminable upon five Taxes and Cost of Operation and Maintenance on the date of the expiration or termination of the Lease (5) days’ written notice, and in no event shall such occupancy be deemed from "Holdover Rent"). This month-to-month tenancy may be terminated by Landlord or from year-to-year; further such occupancy shall be subject to all of the provisions of this Lease pertaining Tenant upon fifteen (15) days' prior notice to the obligations of Tenant and the rights of Landlord during the Term shall apply, except as expressly modified by this Section 20nonterminating party. In the event that Tenant commits an Event of Default or remains in possession of fails to surrender the Premises upon such termination or any part thereof after expiration or if Tenant occupies the expiration of any month-to-month tenancy or tenancy-at-will created herebyPremises without Landlord's written consent, then Tenant shall pay Landlord Basic Rent equal to the Holdover Rent and shall indemnify and hold Landlord harmless against all loss or liability resulting from or arising out of Tenant’s occupancy shall 's failure to surrender the Premises, including, but not limited to, any amounts required to be deemed paid to a tenancy-at-sufferance any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and not a tenancy-at-willany related attorneys' fees and brokerage commissions, and any amounts permitted to be recovered pursuant to the California Civil Code and the California Code of Civil Procedure.

Appears in 1 contract

Samples: Office Lease (Anchor Pacific Underwriters Inc)

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