Holdover Costs means the difference between: (x) the monthly base rent payable by Tenant to Current Landlord (as hereinafter defined) under the Current Lease (as hereinafter defined) during the Holdover Delay Period (as hereinafter defined), exclusive of any pass-throughs or other additional rent, but inclusive of any escalations of base rent and any increased rent due under the Current Lease attributable to Tenant’s holding over under the Current Lease or otherwise (but not including any consequential damages of Tenant or Current Landlord); and (y) the monthly base rent payable by Tenant to the Current Landlord under the Current Lease, exclusive of any pass-throughs or other additional rent, for the month of June, 2008. The foregoing amounts in clauses (x) and (y) shall be pro-rated for any partial month.
Holdover Costs means (i) any monthly holdover rent during any holdover or agreement of holdover payable by Tenant with respect to the space leased by Tenant at Suite 700 of the Lenox Building, at 3399 Peachtree Road, Atlanta, Georgia 30326 (the "Existing Space") xx xxxxxx xx xxx xxxxxxx xxxxx xxxxxx xxx xxe Existing Space under that certain lease by and between Tenant and Property Georgia OBJLW Two Corporation, dated March 3, 1997 (the " Existing Lease"), on October 31, 2007; (ii) monthly gross rent payable by Tenant for all temporary leased premises during the term of all leases of such temporary space in excess of the monthly rental payable by Tenant under the Existing Lease, on October 31, 2007; (iii) reasonable moving expenses, communications installation expenses (such as phones, satellite cabling and computer wiring) together with any reasonable tenant improvement costs, if
Holdover Costs means any (A) rental costs (including base rent and additional rent, such as Tenant’s share of taxes and expenses) for holdover under Tenant’s Existing Leases (hereinafter defined) in excess of the rental costs due or which would have otherwise been due hereunder (without taking into account any rent abatement) accruing from and after the later of (1) the Holdover Date, or (2) the date of early cancellation elected by Tenant under the applicable Existing Leases, through the Commencement Date, plus (B) any rental costs (including base rent and additional rent) for temporary space leased by Tenant (not to exceed 120,000 rentable square feet in the aggregate) in excess of the base rent and additional rent due or which would otherwise have been due hereunder for rentable square footage within the Office Premises equal to the lesser of 120,000 rentable square feet or the rentable square footage of the temporary space (without taking into account any rent abatement from the Holdover Date until the Commencement Date) and continuing through the Commencement Date (the “HOLDOVER COSTS PERIOD”), all subject to Section 27.D below plus (C) reasonable storage costs incurred by Tenant during the Holdover Costs Period as a result of the delay in Substantial Completion. Tenant will use good faith efforts to prevent or minimize Holdover Costs, including, without limitation, consultation and cooperation with Landlord in its negotiations with Tenant’s existing landlords. Tenant shall also notify Landlord of its exercise of cancellation rights under the Existing Leases, concurrently with or prior to the exercise of such rights. In addition, as and when floors are Substantially Completed, Tenant shall utilize best efforts to move out of the space covered by any Existing Leases and interim leases, so as to minimize Holdover Costs.
Examples of Holdover Costs in a sentence
In the event Minimum Base Building Completion is not achieved on or before July 1, 2008, and neither party terminates this Lease pursuant to this Subsection 2.2(e), then Landlord shall not be obligated to grant any further abatements or other remedies with respect to Holdover Costs or Completion Delay accruing from and after July 1, 2008, and this Lease shall continue in full force and effect.
One hundred ten percent (110%) of Tenant’s Holdover Costs incurred during the portion of the Holdover Delay Period that corresponds to the portion of the Completion Delay Period that occurs from April 1, 2008 until the earlier to occur of (x) Minimum Base Building Completion, or (y) April 30, 2008.
Tenant agrees to use all reasonable efforts to minimize and mitigate the Holdover Costs.
One hundred twenty percent (120%) of Tenant’s Holdover Costs incurred during the portion of the Holdover Delay Period that corresponds to the portion of the Reston South of Market ComScore, Inc.
If possession of the Premises has not been delivered to Tenant in the Turnkey Condition by the Estimated Delivery Date plus any applicable extensions for any reason whatsoever other than a Tenant Delay, then (a) Landlord shall, promptly after demand therefor, reimburse Tenant for its Holdover Costs, and (b) Tenant shall receive one (1) day of free Rent for each day after the Estimated Delivery Date plus any applicable extensions that Landlord has not delivered possession in the Turnkey Condition.
More Definitions of Holdover Costs
Holdover Costs means (1) with respect to each Existing Lease and any Additional Lease entered into in accordance with the provisions of this Agreement, the Total Rent (including, without limitation, any holdover or other penalty or premium, increase to fair market rental value or “use and occupancy”, but expressly excluding any Excluded Lease Costs) actually paid or actually required to be paid in respect of the Covered Period by the applicable Existing Lease Tenant or Additional Lease Tenant under such Existing Lease or Additional Lease; and (2) in the event any Existing Lease Tenant or Additional Lease Tenant (or any Affiliate of PE Member) vacates any Existing Space or Additional Space with respect to one or more Existing Leases or Additional Leases and moves into PE Temporary Space, (a) the Total Rent actually paid or actually required to be paid by the applicable Existing Lease Tenant or Additional Lease Tenant (or any Affiliate of PE Member) (“Temporary Space Tenant”) under the occupancy agreement for such PE Temporary Space (“Temporary Space Agreement”) for the Covered Period (to the extent that (x) such Total Rent is at fair market rental rates and terms, taking into account all relevant factors, including the short-term nature of such occupancy agreement and available space in the market and (y) the holdover provisions in such Temporary Space Agreement are reasonably approved by Developer), plus (b) reasonable out-of-pocket moving expenses to relocate to the Temporary Space, plus (c) commercially reasonable third party transaction costs incurred in good faith by the Temporary Space Tenant (or any of its Affiliates) in connection with entering into such Temporary Space Agreement for such PE Temporary Space (including, without limitation, brokerage commissions, attorneys’ fees, alterations costs and amounts paid to telecommunications providers for relocation and temporary service), but expressly excluding any Excluded Lease Costs. “Holdover Costs” also includes (x) damages and indemnity payments (including indemnity payments to the landlord from claims, losses, damages, liabilities, costs and expenses such as attorney’s fees and disbursements and claims made by any succeeding tenant) actually paid or actually required to be paid by the applicable Existing Lease Tenant, Additional Lease Tenant or Temporary Space Tenant in respect of the Covered Period on account of such Holdover, but only to the extent the same are (1) provided for in the Existing Lease as in effec...
Holdover Costs means those amounts charged to Tenant by its prior landlord for holding over in their then existing leased premises (the “Prior Lease”) in excess of the rent and other charges payable by Tenant under the Prior Lease for the period immediately prior to the Holdover Date, as established by documentation reasonably acceptable to Landlord. Both parties wish to amend this Section to state the following:
Holdover Costs shall have the meaning set forth in Section 22.8 hereof.
Holdover Costs means the actual rent, penalties and damages that Tenant is required to pay
Holdover Costs means the sum of all costs and charges incurred by us for the retail delivery of energy, including, without limitation and as applicable, charges for transmission, capacity, ancillary service, congestion, renewable portfolio standards, collateral costs and any similar costs and charges that may be imposed on or borne by NewEnergy with respect to the Accounts (whether imposed by the ISO, the Utility, the Federal Energy Regulatory Commission or otherwise) from time to time. We will pass Holdover Costs through to you on your invoice without mark-up as part of your Holdover Rate. “Holdover Market Price” means the ISO-published Day Ahead Locational Based Marginal Price for the ISO zone applicable to each Account expressed in $/kWh, except for Account(s) in NYISO Zone J, where Holdover Market Price means the ISO-published Day Ahead Locational Based Marginal Price for such ISO residual zone expressed in $/kWh. Holdover Market Prices are published hourly or sub-hourly depending on the ISO.
Holdover Costs means the sum of all costs and charges incurred by us for the retail delivery of energy, including, without limitation and as applicable, charges related to capacity, ancillary services, transmission, metering, the Federal Energy Regulatory Commission, renewable portfolio standards, and any similar charges that may be imposed on us with respect to the Accounts (whether by the ISO or the Utility) from time to time. We will pass Holdover Costs through to you on your invoice without xxxx-up.
Holdover Costs shall not include (and in no event shall Developer be liable for) any of the following items (or any holdover penalty or premium that is based on any of the following) (collectively, the “Excluded Lease Costs”): (i) any damages or additional rents or charges to the extent arising from a default or breach by the applicable Existing Lease Tenant, or those claiming by, through or under such Existing Lease Tenant, of the Existing Lease (or such Additional Lease Tenant of such Additional Lease or such Temporary Space Tenant of such Temporary Space Agreement) (other than the Holdover, subject to clause (ii) below), including, without limitation, any failure to make repairs, maintenance or improvements, any failure to clean or restore the applicable Existing Space, Additional Space, Temporary Space or any portion thereof, to the condition required under such Existing Lease, Additional Lease or Temporary Space and any failure to turn over plans, security codes, software or similar items, (ii) any damages or additional rents or charges that arise out of any holding over by any subtenant, licensee, or other occupant (in each such instance, other than an Affiliate of PE Member) claiming by, through or under the Existing Lease Tenant, Additional Lease Tenant, or Temporary Space Tenant, (iii) any additional rents or liability attributable to repairs, maintenance, or restoration with respect to the Existing Space or any Additional Space or any PE Temporary Space, including capital expenditures (other than operating expense pass-throughs charged by the landlord), (iv) any reimbursements of the landlord’s legal, architectural or other professional fees, including fees for approval of assignments, subleases or alterations or other consents, other than fees resulting from a Holdover, (v) additional rents in respect of the Existing Lease Tenant’s or any Additional Lease Tenant’s indemnification obligations under the Existing Lease or any Additional Lease (other than additional rent or indemnification obligations with respect to a Holdover), (vi) additional rents for any services requested of the landlord under such Existing Lease or Additional Lease or Temporary Space Agreement which are in excess of the ordinary and customary services obtained by the Existing Lease Tenant or Additional Lease Tenant or Temporary Space Tenant consistent with its past practices, (vii) rents that accrue in respect of a period other than the Covered Period, and (viii) any of the foregoing amount...