Common use of Holding Over Clause in Contracts

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 35 contracts

Samples: Lease Agreement (Millendo Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), License Agreement (Sigilon Therapeutics, Inc.)

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Holding Over. If, with Landlord’s express written consent, Tenant retains If Lessee shall for any reason remain in possession of the Premises a Property after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or as to such other amount Property (unless such Property is conveyed to Lessee), such possession shall be as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments a tenancy at sufferance during which time Lessee shall continue under to pay Supplemental Rent that would be payable by Lessee hereunder were the terms Lease then in full force and effect with respect to such Property and Lessee shall continue to pay Basic Rent at the lesser of the highest lawful rate and one hundred ten percent (110%) of the last payment of Basic Rent due with respect to such Property prior to such expiration or earlier termination of this Lease. If Tenant remains in possession Such Basic Rent shall be payable from time to time upon demand by Lessor and such additional amount of Basic Rent shall be applied by Lessor ratably to the Lenders and the Holders based on their relative amounts of the Premises then outstanding aggregate Property Cost for all Properties. During any period of tenancy at sufferance, Lessee shall, subject to the second preceding sentence, be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenants at sufferance, to continue their occupancy and use of such Property. Nothing contained in this Article XXIII shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental as to any Property (unless such Property is conveyed to Lessee) and nothing contained herein shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from read or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent preventing Lessor from maintaining a suit for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term such Property or earlier termination of this Lease shall not result exercising any other remedy available to Lessor at law or in a renewal or reinstatement of this Leaseequity.

Appears in 13 contracts

Samples: Lease Agreement (Healthsouth Corp), Lease Agreement (Acxiom Corp), Lease Agreement (Convergys Corp)

Holding Over. If, with Landlord’s express written consent, If Tenant retains holds possession of the Premises or any portion thereof after the termination term of the Term, (i) unless otherwise agreed in such this Lease with Landlord’s written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount then except as Landlord may indicate, in Landlord’s sole and absolute discretion, otherwise specified in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant from month to month at sufferance one hundred twenty-five percent (125%) of the minimum rental and otherwise upon the terms herein specified for the period immediately prior to such holding over and shall continue in such status until the tenancy is terminated by either party upon not less than thirty (30) days prior written notice. If Tenant holds possession of the Premises or any portion thereof after the term of this Lease except that the monthly rental shall be equal without Landlord’s written consent, then Landlord in its sole discretion may elect (by written notice to Tenant) to have Tenant become a tenant either from month to month or at will, at one hundred fifty percent (150% of Rent in effect during the last 30 days %) of the Termminimum rental (prorated on a daily basis for an at-will tenancy, if applicable) and (B) Tenant shall be responsible otherwise upon the terms herein specified for all damages suffered by Landlord resulting from or occasioned by Tenant’s the period immediately prior to such holding over, including consequential damages. No or may elect to pursue any and all legal remedies available to Landlord under applicable law with respect to such unconsented holding over by Tenant. Tenant shall indemnify and hold Landlord harmless from any loss, whether with damage, claim, liability, cost or without consent expense (including reasonable attorneys’ fees) resulting from any delay by Tenant in surrendering the Premises or any portion thereof, including but not limited to any claims made by a succeeding tenant by reason of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premisessuch delay. Acceptance of rent by Landlord of Rent after the following expiration of the Term or earlier termination of this Lease shall not result in constitute a renewal or reinstatement of this Lease.

Appears in 11 contracts

Samples: Office Lease (OncoMed Pharmaceuticals Inc), Animal Care Agreement (OncoMed Pharmaceuticals Inc), Lease Agreement

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of This Lease shall terminate without further notice upon the Premises after the termination expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (ior earlier termination) unless otherwise agreed in such of the Term without the prior written consentconsent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental Basic Rent shall be equal to 150% the greater of Rent in effect during the last 30 days (a) two hundred percent (200%) of the TermBasic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Building. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, and (B) Tenant shall be responsible for indemnify and hold Landlord harmless from all damages suffered by Landlord resulting from loss or occasioned by Tenant’s holding overliability, including consequential damages. No holding over without limitation, any claims made by Tenant, whether with or without consent of Landlord, shall operate any succeeding tenant relating to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant such failure to retain possession of the Premisessurrender. Acceptance by Landlord of Rent rent after the expiration of the Term or earlier termination of this Lease shall not constitute a consent to a holdover or result in a renewal or reinstatement of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 8 contracts

Samples: Industrial Lease (Buy Com Inc), Industrial Lease (Phoenix Technologies LTD), Industrial Lease (Broadcom Corp)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises after the termination of the Lease Term, (i) unless otherwise agreed in such written consentwriting, such possession shall be subject to immediate termination by Landlord at any time, (ii) and all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, (iii) except that Tenant shall continue pay Landlord from time to pay time, upon demand, as Base Rent for the holdover period, an amount equal to 150% of the Base Rent in effect on the amount payable upon the date of the expiration termination date, computed on a monthly basis for each month or earlier termination of this Lease or part thereof during such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all holding over. All other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of LandlordIn addition, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible liable for all damages suffered incurred by Landlord resulting from or occasioned by Tenant’s as a result of such holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 Paragraph 22 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord For purposes of Rent after the expiration this Paragraph 22, “possession of the Term or earlier Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon termination of this the Lease shall not result as set forth in a renewal or reinstatement of this Lease, including, without limitation, those concerning the condition and repair of the Premises.

Appears in 8 contracts

Samples: Lease Agreement (Sphere 3D Corp), The Lease Agreement (Inogen Inc), Lease Agreement (Xfit Brands, Inc.)

Holding Over. IfExcept for any permitted occupancy by Tenant under Article VIII, with Landlord’s express written consent, if Tenant retains possession of fails to surrender the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicateLease, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession occupancy of the Premises after the termination or expiration or earlier termination shall be that of a tenancy at sufferance. Tenant's occupancy of the Term without Premises during the express written consent of Landlord, (A) Tenant holdover shall become a tenant at sufferance upon be subject to all the terms and provisions of this Lease except that and Tenant shall pay an amount (on a per month basis without reduction for partial months during the monthly rental shall be holdover) equal to 150% of Rent in effect during the last 30 days greater of: (1) the sum of the Term, Base Rent and Additional Rent due for the period immediately preceding the holdover; or (B2) Tenant shall be responsible the fair market gross rental for all damages suffered the Premises as reasonably determined by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesLandlord. No holding over holdover by Tenant, whether with Tenant or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for payment by Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier early termination of this Lease shall not be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result in a renewal of Tenant's holdover and Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord's inability to deliver possession, or reinstatement of this Leaseperform improvements, Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover.

Appears in 8 contracts

Samples: Lease Agreement (Aerogen Inc), Office Lease Agreement (Jamdat Mobile Inc), Office Lease Agreement (C Bridge Internet Solutions Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term for the first 90 days of such tenancy at sufferance and thereafter 200% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 5 contracts

Samples: Lease Agreement (BioCardia, Inc.), Lease Agreement (BioCardia, Inc.), Lease Agreement (Veracyte, Inc.)

Holding Over. IfExcept as provided in Sections 18.2 and 18.3, with Landlord’s express written consent, Tenant retains if Lessee shall for any reason remain in possession of the Premises any Leased Property after the termination expiration or earlier expiration of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject as a month-to-month tenant during which time Lessee shall pay as rental each month, two (2) times the aggregate of (i) one-twelfth (1/12th) of the aggregate Base Rent payable with respect to immediate termination by Landlord at any timethe affected portion of the Leased Property during the last Lease Year of the preceding Term, (ii) all Additional Charges related to the affected portion of the Leased Property accruing during the month, and (iii) all other terms and sums, if any, payable by Lessee pursuant to the provisions of this Master Lease (includingwith respect to the affected portion of the Leased Property. During such period of month-to-month tenancy, without limitationLessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Master Lease, but shall have no rights thereunder other than the adjustment right, to the extent given by law to month-to-month tenancies, to continue its occupancy and use of Base Rent pursuant such Leased Property until the month-to-month tenancy is terminated. Except as provided in Section 18.2, nothing contained herein shall constitute the consent, express or implied, of Lessor to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date holding over of Lessee after the expiration or earlier termination of this Lease or such other amount as Landlord may indicateMaster Lease. For purposes hereof, in Landlord’s sole the Base Rent to be allocated to the affected Leased Property(ies) shall be determined by multiplying a fraction, the numerator of which shall be the Minimum Purchase Price of the affected Leased Property(ies) and absolute discretion, in such written consent, and (iv) the denominator of which shall be the Minimum Purchase Price of all other payments shall continue under of the Leased Properties subject to the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Master Lease except that the monthly rental shall be equal to 150% of Rent in effect during on the last 30 days day of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession the Base Rent payable hereunder on the last day of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this LeaseTerm.

Appears in 5 contracts

Samples: Master Lease Agreement (Omega Healthcare Investors Inc), Master Lease (Sun Healthcare Group Inc), Master Lease Agreement (Sun Healthcare Group Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in holds possession of the Premises after the expiration or earlier termination of the Term without the express written consent of this Lease with Landlord's consent, (A) Tenant shall become a tenant from month-to-month upon the terms and provisions of this Lease, provided the monthly Base Rent during such hold over period shall be 150% of the Base Rent due on the last month of the Lease Term, payable in advance on or before the first day of each month. Acceptance by Landlord of the monthly Base Rent without the additional fifty percent (50%) increase of Base Rent shall not be deemed or construed as a waiver by Landlord of any of its rights to collect the increased amount of the Base Rent as provided herein at sufferance upon any time. Such month-to-month tenancy shall not constitute a renewal or extension for any further term. All options, if any, granted under the terms of this Lease except that the monthly rental shall be equal to 150% deemed automatically terminated and be of Rent in no force or effect during the last 30 days of the Term, and (B) said month-to-month tenancy. Tenant shall continue in possession until such tenancy shall be responsible for all damages suffered terminated by either Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesTenant giving written notice of termination to the other party at least thirty (30) days prior to the effective date of termination. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 This paragraph shall not be construed as consent Landlord's permission for Tenant to retain possession of the Premiseshold over. Acceptance of Base Rent by Landlord of Rent after the following expiration of the Term or earlier termination of this Lease shall not result in constitute a renewal or reinstatement of this Lease.

Appears in 5 contracts

Samples: Lease Agreement (Pri Automation Inc), Lease Agreement (Interlink Electronics), Lease Agreement (Ditech Corp)

Holding Over. If, with Landlord’s express written consent, Tenant retains shall have no right to holdover or retain possession of any portion of the Premises after the expiration or sooner termination of this Lease. If Tenant holds over after the expiration or earlier termination of the Termterm hereof, with or without the express or implied consent of Landlord. Tenant shall be come and be only a month-to-month tenant at a Rent equal to the greater of (i) the then-prevailing market rate as determined by Landlord, in its sole and absolute discretion (subject to adjustments as provided in Paragraphs 2 and 3 hereof and prorated on a daily basis), or (ii) one hundred fifty percent (150%) of the Basic Annual Rent payable by Tenant immediately prior to such expiration or termination, and otherwise upon the terms, covenants and conditions herein specified, so far as applicable. Neither any provision hereof nor acceptance by Landlord of Rent after such expiration or earlier termination shall be deemed a consent to a holdover hereunder or result in a renewal of this Lease or an extension of the term. Notwithstanding any provision to the contrary contained herein, (i) unless otherwise agreed Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the term of this Lease or upon the earlier termination hereof, the right to reenter the Premises, and the right to assert any remedy at law or in equity to evict Tenant and/or collect damages in connection with any such written consentholding over, such possession shall be subject to immediate termination by Landlord at any time, and (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any and all of the other terms claims, demands, actions, losses, damages, obligations, costs and provisions of this Lease (expenses, including, without limitation, attorneys' fees incurred or suffered by Landlord by reason of Tenant's failure to surrender the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of Premises on the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under accordance with the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement provisions of this Lease.

Appears in 5 contracts

Samples: Office Lease (Worldwide Wireless Networks Inc), Office Lease (Worldwide Wireless Networks Inc), Office Lease (Worldwide Wireless Networks Inc)

Holding Over. If, with Landlord’s express written consent, If Tenant retains remains in possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease with the express written consent of Landlord, Tenant’s occupancy shall be a month-to-month tenancy at a rent agreed upon by Landlord and Tenant, but in no event less than the greater of (i) one hundred fifty percent (150%) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or such (ii) the then fair market rental (as reasonably determined by Landlord) for the Premises. Except as provided in the preceding sentence, the month-to-month tenancy shall be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other amount as Landlord may indicate, rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord’s sole and absolute discretion, acceptance of rent after such holding over with Landlord’s written consent shall not result in such written consent, and (iv) all any other payments shall continue under tenancy or in a renewal of the terms original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord’s consent, Tenant’s continued possession shall be on the Term without the express written consent basis of Landlord, (A) a tenancy at sufferance and Tenant shall become a tenant at sufferance upon pay as Monthly Rent during the terms holdover period an amount equal to the greater of (i) one hundred fifty percent (150%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease except that the monthly rental shall be equal to 150% of Rent in effect during for the last 30 days full month prior to the date of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from such expiration or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leasetermination.

Appears in 4 contracts

Samples: Office Lease (Homeunion Holdings, Inc.), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises after the termination of the Lease Term, (i) unless otherwise agreed in such written consentwriting, such possession shall be subject to immediate termination by Landlord at any time, (ii) and all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, (iii) except that Tenant shall continue pay Landlord from time to pay time, upon demand, as Base Rent for the holdover period, an amount equal to double the Base Rent in effect on the amount payable upon the date termination date, computed on a monthly basis for each month or part thereof during such holding over, as full compensation for any damages which may be incurred by Landlord as a result of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all holding over. All other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 Paragraph 22 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord For purposes of Rent after the expiration this Paragraph 22, “possession of the Term or earlier Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon termination of this the Lease shall not result as set forth in a renewal or reinstatement of this Lease, including, without limitation, those concerning the condition and repair of the Premises.

Appears in 4 contracts

Samples: Lease Agreement (Sanfilippo John B & Son Inc), Lease Agreement (Sanfilippo John B & Son Inc), Lease Agreement (Sanfilippo John B & Son Inc)

Holding Over. IfTenant will, with Landlord’s express written consent, Tenant retains possession of the Premises after at the termination of this Lease by lapse of time or otherwise, surrender immediate possession to Landlord. If Landlord agrees in writing that Tenant may hold over after the Termexpiration or termination of this Lease and if the parties do not otherwise agree, (i) unless otherwise agreed in such written consent, such possession the hold over tenancy shall be subject to immediate termination by Landlord at any timetime upon not less than five (5) days advance written notice, or by Tenant at any time upon not less than thirty (ii30) days advance written notice. Further, all of the other terms and provisions of this Lease (includingshall be applicable during the hold over period, without limitationexcept that Tenant shall pay Landlord from time to time upon demand, the adjustment of as Base Rent pursuant for the period of any hold over, an amount equal to Section 4 hereofone and one-half times (1-1/2) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay the Base Rent in effect on the amount payable upon the date termination date, computed on a daily basis for each day of the expiration or earlier hold over period, plus all additional rental and other sums due hereunder. If Tenant shall fail immediately to surrender possession of the Leased Premises to Landlord upon termination of this Lease Lease, by lapse of time or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consentotherwise, and (iv) all other payments shall continue Landlord has not agreed to such continued possession as above provided, then, until Landlord can dispossess Tenant under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration hereof or earlier termination of the Term without the express written consent of Landlordotherwise, (A) Tenant shall become a tenant at sufferance pay Landlord from time to time upon demand, as Base Rent for the terms period of this Lease except that the monthly rental shall be any such holdover, an amount equal to 150% of twice the Base Rent in effect during on the last 30 days termination date, computed on a daily basis for each day of the Termhold over period, plus all additional rental and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesother sums due hereunder. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and agreed by the parties. The preceding provisions of this Section 8 Paragraph shall not be construed as Landlord's consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leasehold over.

Appears in 4 contracts

Samples: Lease Agreement (Monitronics International Inc), Lease Agreement (Monitronics International Inc), Lease Agreement (Migratec Inc)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises after the termination of the Lease Term, (i) unless otherwise agreed in such written consentwriting, such possession shall be subject to immediate termination by Landlord at any time, (ii) and all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, (iii) except that Tenant shall continue pay Landlord from time to pay time, upon demand, as Base Rent for the holdover period, an amount equal to double the Base Rent in effect on the amount payable upon the date of the expiration termination date, computed on a monthly basis for each month or earlier termination of this Lease or part thereof during such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all holding over. All other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of LandlordIn addition, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible liable for all damages suffered incurred by Landlord resulting from or occasioned by Tenant’s as a result of such holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 Paragraph 22 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord For purposes of Rent after the expiration this Paragraph 22, “possession of the Term or earlier Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon termination of this the Lease shall not result as set forth in a renewal or reinstatement of this Lease, including, without limitation, those concerning the condition and repair of the Premises.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement (Ufp Technologies Inc), Lease Agreement (Liquidity Services Inc)

Holding Over. If, with Landlord’s express written consent, It is hereby agreed that in the event of Tenant retains possession of the Premises holding over after the termination of this Lease, by lapse of time or otherwise, thereafter the tenancy shall be from month to month in the absence of a written agreement to the contrary, and Tenant shall pay to Landlord a monthly occupancy charge equal to (i) for the first sixty days of holdover, one hundred twenty-five percent of the monthly Basic Rental payable hereunder for the last lease year, and (ii) for any holdover beyond said sixty days, one hundred fifty percent of the monthly Basic Rental payable hereunder for the last lease year (plus all other charges payable by Tenant under this Lease) such occupancy charges to be payable from the expiration or termination of this Lease until the end of the calendar month in which the Premises are delivered to Landlord in the condition required herein. If Landlord shall enter into a new lease or amend an existing lease for premises in the Building for all or a portion of the Premises at the end of the Term, (i) unless otherwise agreed in Landlord shall so notify Tenant and if Tenant fails to vacate and deliver all or such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all portion of the other terms and provisions Premises to Landlord within sixty days after receipt of this Lease such notice (including, without limitation, the adjustment of Base Rent pursuant but in no event prior to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicateLease), in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for any and all damages suffered incurred by Landlord resulting from or occasioned by as a result of Tenant’s holding over, failure to so vacate and deliver the Premises or such portion thereof (including consequential damages. No holding over by Tenant, whether with the loss of such lease or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leaseamendment).

Appears in 4 contracts

Samples: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)

Holding Over. IfExcept as set forth below, with Landlord’s express written consent, if Tenant retains possession of continues to occupy the Premises or any portion thereof after the expiration or other termination of this Lease or the termination of Tenant’s right of possession with respect to the Term, (i) unless otherwise agreed in such written consentPremises, such possession occupancy shall be that of a tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, other than provisions relating to length of the Term) and shall pay for its use and occupancy an amount (on a per month basis without limitation, reduction for any partial months during any such holdover) equal to (i) one hundred percent (100%) of the adjustment of Base additional Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such due under this Lease for the holdover period, and (iiiii) Tenant shall continue to pay one hundred fifty percent (150%) of the monthly Base Rent due in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after month immediately prior to the expiration or earlier termination of the Term without the express written consent of LandlordTerm. Except as set forth below, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No no holding over by Tenant, whether with Tenant or without consent payments of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for money by Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term shall be construed to extend the Term or earlier prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. In the event that Tenant continues to occupy the Premises or any portion thereof after the expiration or termination of this Lease Lease, such occupancy shall not result in be that of a renewal or reinstatement tenancy at sufferance Tenant shall be liable to Landlord for all direct and consequential damages which Landlord may suffer by reason of this Leaseany holding over by Tenant. To the extent notice is required by applicable Law to terminate such tenancy at sufferance, then such tenancy at sufferance shall be terminable upon the lesser of (i) the minimum notice period required by applicable Law and (ii) thirty (30) days prior written notice by either party.

Appears in 4 contracts

Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Lease Agreement (Cracker Barrel Old Country Store, Inc), Lease Agreement (Cracker Barrel Old Country Store, Inc)

Holding Over. IfExcept for any permitted occupancy by Tenant under Article VIII, with Landlord’s express written consent, if Tenant retains possession of fails to surrender the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicateLease, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession occupancy of the Premises after the termination or expiration or earlier termination shall be that of a tenancy at sufferance. Tenant’s occupancy of the Term without Premises during the express written consent of Landlord, (A) Tenant holdover shall become a tenant at sufferance upon be subject to all the terms and provisions of this Lease except that and Tenant shall pay an amount (on a per month basis without reduction for partial months during the monthly rental shall be holdover) equal to 150% of Rent in effect during the last 30 days greater of: (1) the sum of the Term, Base Rent and Additional Rent due for the period immediately preceding the holdover; or (B2) Tenant shall be responsible the fair market gross rental for all damages suffered the Premises as reasonably determined by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesLandlord. No holding over holdover by Tenant, whether with Tenant or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for payment by Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier early termination of this Lease shall not be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. In addition to the payment of the amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for a new tenant, as a result in a renewal of Tenant’s holdover and Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, or reinstatement of this Leaseperform improvements, Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover.

Appears in 4 contracts

Samples: Office Lease Agreement (Ipayment Inc), Office Lease Agreement (Idine Rewards Network Inc), Office Lease Agreement (Saflink Corp)

Holding Over. If, with Landlord’s express written consent, If Tenant retains remains in possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease with the express written consent of Landlord, Tenant's occupancy shall be a month-to-month tenancy at a rent agreed upon by Landlord and Tenant, but in no event less than the greater of (i) one hundred fifty percent (150%) of the Monthly Rent and Additional Rent payable under this Lease during the last full month prior to the date of the expiration of this Lease or such other amount (ii) the then fair market rental (as Landlord may indicatereasonably determined by Landlord) for the Premises. Except as provided in the preceding sentence, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments the month-to-month tenancy shall continue under be on the terms and conditions of this Lease, except that any renewal options, expansion options, rights of first refusal, rights of first negotiation or any other rights or options pertaining to additional space in the Building contained in this Lease shall be deemed to have terminated and shall be inapplicable thereto. Landlord's acceptance of rent after such holding over with Landlord's written consent shall not result in any other tenancy or in a renewal of the original term of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease without Landlord's consent, Tenant's continued possession shall be on the Term without the express written consent basis of Landlord, (A) a tenancy at sufferance and Tenant shall become a tenant at sufferance upon pay as Monthly Rent during the terms holdover period an amount equal to the greater of (i) one hundred fifty percent (150%) of the fair market rental (as reasonably determined by Landlord) for the Premises or (ii) two hundred percent (200%) of the Monthly Rent and Additional Rent payable under this Lease except that the monthly rental shall be equal to 150% of Rent in effect during for the last 30 days full month prior to the date of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from such expiration or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leasetermination.

Appears in 4 contracts

Samples: Office Lease (Kitara Media Corp.), Embarcadero Technologies Inc, Office Lease (Critical Path Inc)

Holding Over. IfIf Tenant, with or without the express or implied consent of Landlord’s express written consent, Tenant retains possession continues to hold and occupy the Leased Property (or any part thereof) after the expiration of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration Term or earlier termination of this Lease Lease, such holding over beyond the Term and the acceptance or such collection of Rent in the amount specified below by Landlord shall operate and be construed as creating a tenancy from month to month and not for any other amount as term whatsoever. Said month-to-month tenancy may be terminated by Landlord by giving Tenant five days’ written notice, and at any time thereafter Landlord may indicate, in Landlord’s sole re-enter and absolute discretion, in such written consent, and (iv) all other payments shall continue under take possession of the terms of this LeaseLeased Property. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent continues after the expiration of the Term or earlier termination of this Lease to hold and occupy the Leased Property whether as a month-to-month tenant or a tenant at sufferance or otherwise, Tenant shall not result pay Rent for each month in a renewal an amount equal to the sum of [i] one and one-half (1 1/2) times the Base Rent payable during the month in which such expiration or reinstatement termination occurs, plus [ii] all Additional Rent accruing during the month, plus [iii] any and all other sums payable by Tenant pursuant to this Lease. During any continued tenancy after the expiration of the Term or earlier termination of this Lease, Tenant shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by applicable law, to continue its occupancy and use of the Leased Property until the tenancy is terminated. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Master Lease Agreement (LifeCare Holdings, Inc.), Master Lease Agreement (LifeCare Holdings, Inc.), Master Lease Agreement (LifeCare Holdings, Inc.)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession occupies all or part of the Leased Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in with Landlord’s sole and absolute discretion, in such written 's consent, then: (a) a tenancy from month to month shall be created; and (ivb) Tenant shall pay to Landlord, for each month of such possession, one hundred twenty-five percent (125%) of the full amount of the monthly installment of Minimum Monthly Rental for the whole of the Leased Premises in effect immediately prior to the expiration or earlier termination of this Lease in addition to all other payments shall continue Rental charges provided under this Agreement. Such month to month tenancy may be terminated by either party upon thirty (30) days prior written notice to the terms of this Leaseother party. If Tenant remains in possession occupies all or part of the Leased Premises after the expiration or earlier termination of the Term this Lease without the express written consent of Landlord's consent, (A) Tenant shall become be deemed a tenant at sufferance upon subject to immediate eviction and shall: (a) pay to Landlord, for each day of such possession, the terms greater of: (i) the prevailing rent in the Building; or (ii) one hundred fifty percent (150%) of this Lease except that the monthly rental shall be equal to 150% amount of Rent the Minimum Rental for the whole of the Leased Premises in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate immediately prior to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease; computed on a daily basis; and (b) indemnify Landlord against any and all loss, claims, and damages sustained by Landlord by reason of the occupancy by Tenant of the Leased Premises. The amounts payable by Tenant during any period of holding over, either with or without Landlord's consent, shall: (a) include any Operating Costs Adjustments, which shall apply as provided for in this Lease shall not result on the same basis as during the Term; and (b) be payable, except as otherwise provided in a renewal or reinstatement of this LeaseSection 16.02, on the same terms and conditions as during the Term.

Appears in 3 contracts

Samples: Letter Agreement, Letter Agreement, Letter Agreement

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at or any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) person or party shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after any part thereof following the expiration of the Term or earlier termination of this Lease without an agreement in writing between Landlord and Tenant with respect thereto, the person or party remaining in possession shall not result be deemed to be a tenant at sufferance, and during any such holdover, the Base Rent payable under this Lease by such tenant at sufferance shall be one hundred and fifty percent (150%) of the rate or rates in effect immediately prior to the expiration of the Term or earlier termination of this Lease, plus Additional Rent. In no event, however, shall such holding over be deemed or construed to be or constitute a renewal or reinstatement extension of this Lease. The parties agree that: (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant’s holdover without Landlord’s consent; and (ii) the foregoing increases in Rent due during any holdover period represent a fair and reasonable estimate of the detriment that Landlord will suffer by reason of Tenant’s holdover without consent. Any holding over without Landlord's consent shall entitle Landlord to re-enter the Premises as provided in this Lease and Tenant shall pay to Landlord all reasonable documented damages sustained by Landlord as a result of retention of possession by Tenant, including, without limitation, the loss of any proposed subsequent tenant for any portion of the Premises.

Appears in 3 contracts

Samples: Real Estate Purchase and Sale Contract (Air Industries Group), Lease Agreement (Air Industries Group), Real Estate Purchase and Sale Contract (Air Industries Group)

Holding Over. If23.1 In the event TENANT holds, with Landlord’s express written consent, Tenant retains possession of occupies or detains the Leased Premises or any part thereof after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease Lease, with or without the express or implied consent of LANDLORD, TENANT shall be deemed a tenant-at-sufferance only, and such other amount as Landlord may indicatetenancy-at-sufferance shall not constitute a renewal hereof or an extension for any further term or the creation of a tenancy-at-will, in Landlord’s sole and absolute discretion, in such written consentevent, TENANT shall pay to LANDLORD on the first day of each month in advance basic monthly rent in an amount equal to 150% the amount of the monthly installment of Basic Annual Rent, as provided in Article 3 hereof for the last full month of the tenancy hereunder. In addition, TENANT shall be liable to LANDLORD for any and (iv) all damages, excluding consequential damages, suffered by LANDLORD as a result of such holding over. Such tenancy-at-sufferance shall be subject to every other payments shall continue under term, provision, condition, covenant and agreement contained herein, including without limitation the terms obligation of TENANT to pay the additional rents as provided in this Lease. If Tenant remains Nothing contained in this Section 23.1 shall be construed as consent by LANDLORD to any holding over by TENANT and LANDLORD expressly reserves the right to require TENANT to surrender possession of the Leased Premises after to LANDLORD as provided in this Lease upon the expiration or earlier termination of the Term without the express written consent of Landlordthis Lease, (A) Tenant shall become a tenant to commence suit at sufferance upon the terms of this Lease except that the monthly rental shall be equal any time to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain recover possession of the Premises. Acceptance Leased Premises and recover all installments of Basic Annual Rent, additional rents and other amounts and charges due hereunder, and to apply payments received by Landlord of Rent after the expiration of the Term LANDLORD from TENANT on account and not as payment in full or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leaseaccord and satisfaction.

Appears in 3 contracts

Samples: Sublease Agreement (Smartbargains, Inc.), Lease Agreement (Color Kinetics Inc), Sublease Agreement (Color Kinetics Inc)

Holding Over. If, with Landlord’s express written consent, Tenant If for any reason Sublessee retains possession of the Premises or any part thereof after the termination expiration of the Base Term or the Extension Term, if any, Sublessee shall pay Sublessor on the day Fixed Rent is due monthly rent (iincluding Fixed Rent and all Additional Rent) unless otherwise agreed in for such written consentoccupancy equal to the sum of (x) 150% of the existing monthly Fixed Rent for the first 90 days of such holdover and 200% thereafter and (y) 100% of all Additional Rent being paid by Sublessee for the last month of the Base Term or for the last month of the Extension Term, if any (the “Base Holdover Rent”) for so long as such possession hold-over shall be subject to immediate termination by Landlord at any time, (ii) continue. Sublessee shall comply with all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in LandlordXxxxxxxxx’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession occupancy of the Premises after the expiration of the Base Term or Extension Term, if any except that no new tenancy other than a tenancy at sufferance shall be created or exist. Sublessee shall indemnify and hold Sublessor harmless from and against any and all loss, costs or damages (direct, indirect and consequential) sustained or incurred by Sublessor as a result of any holding over in the Premises by Sublessee beyond expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease, provided that Sublessor has given Sublessee at least forty-five (45) days’ advance written notice that Sublessor will incur damages, costs, liabilities or expenses, including attorneys’ fees, on account of Xxxxxxxxx’s failure to vacate (which notice shall set forth in reasonable detail the reason and basis for such damages).

Appears in 3 contracts

Samples: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as to which Landlord may indicate, in Landlord’s sole and absolute discretion, Tenant mutually agree in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (ONCOSEC MEDICAL Inc), Lease Agreement (Vividion Therapeutics, Inc.), Lease Agreement (ONCOSEC MEDICAL Inc)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises shall hold over after the termination expiration of the Term, (i) it shall be deemed to be occupying the Premises as a Tenant from month to month, which tenancy may be terminated as provided by law. Tenant agrees that holding over beyond the Term shall cause irreparable damage to Landlord and that it will be impossible to estimate or determine the damage that will be suffered by Landlord in such an event. Therefore during such tenancy, unless Landlord has otherwise agreed in such written consentwriting, such possession shall Tenant agrees to pay to Landlord monthly Base Rent at a rate equal to 125% of the monthly Base Rent which was payable in the month immediately preceding the month in which the expiration or termination occurs and to be subject to immediate termination otherwise bound by Landlord at any time, (ii) all of the other terms terms, covenants and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain conditions contained in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of fails to surrender the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease, in addition to any other liabilities to Landlord arising therefrom Tenant shall indemnify and hold Landlord harmless from loss or liability resulting from such failure from whatever source. In the event that this Lease is extended by Landlord and Tenant in writing after any prior termination, the parties agree that the Base Rent negotiated for the extension term shall not result control over and apply to the tenancy of Tenant in a renewal or reinstatement of this Leasethe Premises without regard to the holdover rent provided for herein.

Appears in 3 contracts

Samples: Office Lease Agreement (Apellis Pharmaceuticals, Inc.), Office Lease Agreement (Apellis Pharmaceuticals, Inc.), Office Lease Agreement (Apellis Pharmaceuticals, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as may be agreed upon by Landlord may indicate, in Landlord’s sole and absolute discretion, Tenant in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that Tenant shall not be liable for consequential damages in connection with a hold over of 30 days or less. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession This Lease shall terminate without further notice at the expiration of the Premises after the termination of the Lease Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination . Any holding over by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant Landlord shall become a tenant at sufferance upon not constitute the terms renewal or extension of this Lease except or give Tenant any rights in or to the Premises. In the event of such a holding over by Tenant without the express written consent 46 See Exhibit F Addendum, Paragraph 6 47 tear; provided, however, Tenant shall not be required to repair any damage or loss that is to be covered by insurance as subsequently provided and/or is beyond its reasonable control; financial inability excluded of Landlord, the monthly rental Rent payments to be paid by Tenant shall be subject to increase at the sole discretion of Landlord in an amount equal to48, provided, however, no payment of such increased Rental by Tenant shall be deemed to 150% extend or renew the Term of this Lease, and such Rental payments shall be fixed by Landlord only to establish the amount of liability for payment of Rent in effect on the part of Tenant during such period of holding over. In the last 30 days event Landlord shall give its express written consent to Tenant to occupy the Premises beyond the expiration of the Term, and (B) Tenant that occupancy shall be responsible for construed to be a month-to-month tenancy upon all damages suffered the same terms and conditions as set forth herein unless modified by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No in such written consent; provided that Rent charged during any period of holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except be as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leasestated above.

Appears in 3 contracts

Samples: Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of holds over the Premises or any part thereof after the expiration or earlier termination of the Term, (i) unless otherwise agreed in such written consent, such possession holding over shall be subject to immediate termination by Landlord at any time, (ii) constitute a month-to-month tenancy on all of the other terms and provisions conditions of this Lease (includingLease, without limitation, the adjustment of except that Base Rent pursuant shall be equal to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay 125% of the Base Rent in payable under this Lease for the amount payable upon last full month before the date of the expiration or earlier termination. This section shall not be construed as Landlord’s permission for Tenant to hold over. Acceptance of Rent by Landlord following expiration or termination shall not constitute a renewal of this Lease or such other amount extension of the Term, except as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Leasespecifically set forth above. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier other termination of this Lease without Landlord’s express written consent, Tenant’s continued possession shall not result in be on the basis of a renewal tenancy at sufferance and Tenant shall pay as Base Rent during the holdover period an amount equal to one hundred fifty percent (150%) of the Rent payable under this Lease for the last full month before the date of expiration or reinstatement termination. If Tenant fails to surrender the Premises upon expiration or other termination of this Lease, Tenant shall indemnify and hold Landlord harmless from and against all loss or liability resulting from or arising out of Tenant’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 the expiration or other termination of this Lease and any related attorneys’ fees and brokerage commissions.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over (including consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including including, without limitation, consequential damagesdamages that Landlord may incur or suffer by reason of Landlord’s inability to lease the Premises or deliver occupancy to a particular tenant). No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains acknowledges that possession of the Premises after must be surrendered to Landlord at the expiration or sooner termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all Term of the other terms Lease, whichever is later. The parties agree that the damage to Landlord to timely surrender possession of the Premises as aforesaid will be substantial, will exceed the amount of the Fixed Rent and provisions Additional Rent payable, and will be impossible to accurately measure. Tenant therefore agrees that if possession of this Lease (includingthe Premises is not surrendered to Landlord as required, without limitation, then Tenant shall pay Landlord as liquidated damages for each month and each portion of any month during which Tenant holds over in the adjustment of Base Rent Premises in addition to any sums payable pursuant to Section 4 hereofthe foregoing indemnity, a sum equal to two (2) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in times the amount payable upon the date aggregate of the expiration or earlier termination Fixed Rent and Additional Rent which was payable for the last month of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments the Term. Nothing herein shall continue under the terms of this Lease. If permit Tenant remains in to retain possession of the Premises after the expiration or sooner termination of the Term of the Lease. If Tenant holds over in possession after the expiration or sooner termination of the Term of the Lease, whichever is later, this shall not extend the term or renew the Lease, but the tenancy shall continue as a tenancy from month-to-month upon the terms and conditions of the Lease at the Fixed Rent and Additional Rent as herein increased. This provision shall survive the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Pri Automation Inc

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as may be agreed upon by Landlord may indicate, in Landlord’s sole and absolute discretion, Tenant in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental (x) for the first 60 days of any holdover shall be equal to 125% of Rent in effect during the last 30 days of the Term, and (y) for any period of holdover in excess of 60 days shall be equal to 150% of Rent in effect during the last 30 days of the Term, ; and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that Tenant shall not be liable for consequential damages in connection with a hold over of 60 days or less. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Gossamer Bio, Inc.), Lease Agreement (Gossamer Bio, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150200% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Frequency Therapeutics, Inc.), Lease Agreement (Heat Biologics, Inc.), Lease Agreement (Heat Biologics, Inc.)

Holding Over. IfIf Tenant shall, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms knowledge and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon continue to remain in the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent Demised Premises after the expiration of the Term or earlier termination of this Lease and any extensions thereof, then Tenant shall be deemed a month-to-month tenant at a monthly rental equal to twice the monthly installment of Rent which was due immediately prior to the expiration of the Term, the first (1st) installment of which shall be due and payable on the first day following the end of the Term and on the first (1st) day of each month thereafter until the termination of such month-to-month tenancy. Tenant shall give to Landlord at least thirty (30) days prior written notice of any intention to quit the Demised Premises, and Tenant shall be entitled to thirty (30) days written notice to quit the Demised Premises, except in the event of non-payment of Rent or of the breach of any other covenant by Tenant, in which event Tenant shall not result be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived. Notwithstanding the foregoing, in the event that Tenant shall hold over after the expiration of the Term, and if Landlord shall desire to regain possession of the Demised Premises promptly at the expiration of the Term, then at any time prior to Landlord’s acceptance of Rent from Tenant as a renewal monthly tenant hereunder, Landlord, at its option, may forthwith re-enter and take possession of the Demised Premises without process, or reinstatement of this Leaseby any legal process in force.

Appears in 3 contracts

Samples: Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that (i) the monthly rental for the first 90 days of the tenancy at sufferance shall be equal to 150% of the Rent in effect during the last 30 days prior to the expiration or earlier termination of the Lease, and (ii) the monthly rental for any period after the first 90 days of such tenancy at sufferance shall be equal to 200% of Rent in effect during the last 30 days prior to the expiration or earlier termination of the TermLease, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Nurix Therapeutics, Inc.), Lease Agreement (Nurix Therapeutics, Inc.), Lease Agreement (Nurix Therapeutics, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall (i) for the first 30 days of such holdover, be equal to 125% of Rent in effect during the last 30 days of the Term, and (ii) for any period of holdover in excess of 30 days, be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) for any period of holdover in excess of 60 days, Tenant shall also be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)

Holding Over. IfShould Tenant hold over in the Premises beyond the expiration or earlier termination of this Lease, with Landlord’s express written consentthe holding over shall not constitute a renewal or extension of this Lease or give Tenant any rights under this Lease. In such event, Landlord may, in its sole discretion, treat Tenant retains possession as a tenant at will, subject to all of the terms and conditions in this Lease, except that for the first thirty (30) days of such holdover the Minimum Annual Rental shall be an amount equal to two (2) times the sum of Minimum Rent and Percentage Rent (collectively, "Base") which was payable by Tenant for the twelve (12)-month period immediately preceding the expiration or earlier termination of this Lease, and thereafter shall be three (3) times Base until the holdover is terminated. In the event that Tenant fails to surrender the Premises after upon the expiration or earlier termination of the TermLease, (i) unless otherwise agreed in such written consent, such possession Tenant shall be subject to immediate termination by Landlord at any time, (ii) indemnify and hold harmless from all of the other terms and provisions of this Lease (loss or liability which may accrue therefrom including, without limitation, the adjustment any claims made by any succeeding tenant founded on or resulting from Tenant’s failure to surrender. Acceptance by Landlord of Base any Minimum Rent, Percentage Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Additional Rent in the amount payable upon the date of after the expiration or earlier termination of this Lease or such other amount shall not constitute a consent to a holdover hereunder, shall not constitute acceptance of Tenant as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Termwill, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this LeaseLease unless Landlord expressly acknowledges such consent in writing at that time.

Appears in 3 contracts

Samples: Commencement Date Agreement (Boomer Holdings, Inc.), Lease Agreement (Boomer Holdings, Inc.), Lease Agreement (Boomer Holdings, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of In the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If event Tenant remains in possession of the Premises Suite after the expiration or earlier termination of the Term without the express written consent of LandlordTerm, (A) Tenant such occupancy shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall not be equal deemed to 150% of Rent in effect during the last 30 days of extend or renew the Term, but shall continue as a tenancy at will upon the covenants, provisions and (B) conditions herein contained, except that, during such holdover period, Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding overpay as rental each month, including consequential damages. No holding over by Tenant, whether with or without consent two times the aggregate of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession (a) one-twelfth of the Premises. Acceptance by Landlord of Base Rent after payable with respect to the last complete Lease Year prior to the expiration of the Term Term; (b) all Additional Rent accruing during the month and (c) all other sums, if any, payable by Tenant pursuant to the provisions of this Lease. Tenant shall have no rights hereunder other than the right, to the extent given by law to tenancies at will, to continue its occupancy and use of the Suite. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Lease. Notwithstanding anything herein to the contrary, in the event Tenant remains in possession of the Suite after the expiration or earlier termination of the Term, such possession shall be an Event of Default under this Lease and Landlord shall not result be entitled to all of the rights and remedies in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Windrose Medical Properties Trust), Lease Agreement (Windrose Medical Properties Trust), Lease Agreement (Windrose Medical Properties Trust)

Holding Over. If, with Landlord’s 's express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s 's sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150200% of the Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s 's holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease the Term shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Viacell Inc), 34 Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) if such occupancy shall continue for more than 30 days, Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Rubius Therapeutics, Inc.), Lease Agreement (Rubius Therapeutics, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that (i) for the first 30 days of such holdover, the monthly rental shall be equal to 125% of Rent in effect during the last 30 days of the Term, and (ii) for any period of holdover in excess of 30 days, the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.), Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises after the termination of the Lease Term, (i) unless otherwise agreed in such written consentwriting, such possession shall be subject to immediate termination by Landlord at any time, (ii) and all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, (iii) except that Tenant shall continue pay Landlord from time to pay time, upon demand, as Base Rent for the holdover period, an amount equal to 150% the Base Rent in effect on the amount payable upon the date of the expiration termination date, computed on a monthly basis for each month or earlier termination of this Lease or part thereof during such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all holding over. All other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of LandlordIn addition, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible liable for all damages suffered incurred by Landlord resulting from or occasioned by Tenant’s as a result of such holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 Paragraph 22 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord For purposes of Rent after the expiration this Paragraph 22, “possession of the Term or earlier Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon termination of this the Lease shall not result as set forth in a renewal or reinstatement of this Lease, including, without limitation, those concerning the condition and repair of the Premises.

Appears in 3 contracts

Samples: Lease Agreement (Brooks Automation Inc), Lease Agreement (Viewsonic Corp), Lease Agreement (Occam Networks Inc/De)

Holding Over. If34.1 Tenant acknowledges that possession of the entire Premises must be surrendered to Landlord at the expiration or sooner termination of the term hereof. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant timely to surrender possession of the entire Premises as aforesaid will be substantial, with Landlord’s express written consentwill exceed the amount of annual Minimum Rent and additional rent theretofore payable hereunder, and will be impossible to measure accurately. Tenant therefore agrees that if possession of the entire Premises is not surrendered to Landlord upon the expiration or sooner termination of the term of this Lease, then notwithstanding anything to the contrary contained in this Lease, Tenant retains possession shall pay to Landlord for each month and for each portion of any month during which Tenant holds over in the Premises after the expiration or sooner termination of the Termterm hereof, for use and occupancy, Minimum Rent at (i) unless otherwise agreed 150% of the final monthly rate of the then current Term specified in such written consent, such possession shall be subject to immediate termination by Landlord at any timeArticle 3 for the first thirty (30) days that Tenant thus remains in possession, (ii) 200% thereafter, together with all of Additional Rent payable hereunder (and Landlord may accept such amounts without in any way waiving its rights to require Tenant to vacate the other terms and provisions of this Lease (includingPremises) and, without limitationin addition thereto, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during if such holdover periodshall continue for more than five (5) business days, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date Landlord for all damages sustained by reason of Tenant’s retention of possession beyond five (5) business days after the expiration or earlier termination of this Lease Lease, but in no event shall Tenant be liable to Landlord for any indirect, special, punitive or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Agreement of Lease (Armstrong World Industries Inc), Lease Between (Armstrong Flooring, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as may be agreed upon by Landlord may indicate, in Landlord’s sole and absolute discretion, Tenant in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that Tenant shall not be liable for consequential damages in connection with a holdover of 30 days or less. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that that, following the first 30 days of such holdover, the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.), Lease Agreement (Dimension Therapeutics, Inc.)

Holding Over. If, with Landlord’s express written consentUnless Landlord expressly agrees otherwise in writing, Tenant retains shall pay Landlord two hundred percent (200%) of the amount of the Base Rent then applicable to the final Lease Year of the Term (or the highest amount permitted by law, whichever shall be less) prorated on a per diem basis for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease, together with all damages, consequential and otherwise, sustained by Landlord on account thereof. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the TermTerm (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises, (i) unless otherwise agreed in such written consent, such possession and shall be subject to immediate termination by Landlord the provisions of Article 7). Notwithstanding the foregoing to the contrary, at any timetime before or after expiration or earlier termination of this Lease, (ii) all Landlord may serve notice advising Tenant of the amount of the Base Rental and other terms required, should Tenant desire to enter a month-to-month tenancy (and if Tenant shall hold over more than one full calendar month after such notice, Tenant shall thereafter be deemed a month-to-month tenant, on the terms and provisions of this Lease (includingthen in effect, without limitationas modified by Landlord's notice, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) except that Tenant shall continue not be entitled to pay Base Rent any renewal rights contained in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leaseany amendments hereto).

Appears in 2 contracts

Samples: Lease (Autocam International LTD), Lease (Autocam International LTD)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental Base Rent shall be equal to 150% of the Base Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding overover beyond the date that is 30 days after the expiration or earlier termination of the Term, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Mirati Therapeutics, Inc.), Lease Agreement (Mirati Therapeutics, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises or any part thereof after the expiration or earlier termination of the Term without Lease Term, such occupancy shall be a tenancy from month-to-month upon all the express written consent provisions of Landlord, (A) this Lease pertaining to the obligations of Tenant and Tenant shall become a tenant at sufferance upon thereby waive its rights of notice to quit, but Tenant's right as to any Renewal Term shall terminate. The monthly rent due during such hold-over period shall be equal to 125% of the Fixed Monthly Rent then in effect, and Tenant shall continue to be obligated to pay all Additional Rent and other amounts required to be paid by the terms of this Lease. Notwithstanding the foregoing, in the event that Landlord and Tenant are engaged in good faith negotiations for a new lease at the expiration or termination of the Lease except Term, Tenant's continuing possession shall not constitute holding over for so long as such negotiations continue. However, Landlord shall in its sole discretion have the right to notify Tenant in writing, that Landlord elects to terminate such negotiations whereupon thirty (30) days after Tenant's receipt of such notice the monthly rental rent due thereafter shall be equal to 150% of the Fixed Monthly Rent then in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leaseeffect.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC), Assignment and Assumption of Lease (Aei Income & Growth Fund Xxii LTD Partnership)

Holding Over. IfIf Tenant fails to vacate the Premises at the end of the Term, then Tenant shall be a tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over: (a) Tenant shall pay, in addition to the other Rent, Base Rent equal to the greater of: (1) one hundred fifty percent (150%) of the Base Rent payable during the last month of the Term, or (2) one hundred fifty percent (150%) of the prevailing rental rate in the Building for similar space; and (b) Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at Law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, or any earlier termination of Tenant’s right to possession of the Premises, then in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the foregoing, if Tenant holds over with Landlord’s express written consent, then Tenant retains possession shall be a month-to-month tenant and Tenant shall pay, in addition to the other Rent, Base Rent equal to one hundred twenty-five percent (125%) of the Premises after Base Rent payable during the termination last month of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Holding Over. If, with Landlord’s 's express written consent, Tenant retains possession of the Premises after the expiration or earlier termination of the Termthis Lease, (i) such possession, unless otherwise agreed in such written consentwriting, such possession shall be subject to immediate termination by Landlord at any time, (ii) and all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (hereof but excluding any expansion or renewal option or other similar right or option) shall remain in full force and effect during such holdover period, (iii) and in such case Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s 's sole and absolute discretion, in such written consent, and (iv) all . All other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term this Lease without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150150.00% of the Rent in effect during the last 30 days prior to the expiration or earlier termination of the Termthis Lease. In addition, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s 's holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc), Disturbance and Attornment Agreement (Paradigm Genetics Inc)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises after the termination of the Lease Term, (i) unless otherwise agreed in such written consentwriting, such possession shall be subject to immediate termination by Landlord at any time, (ii) and all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, (iii) except that Tenant shall continue pay Landlord from time to pay time, upon demand, as Base Rent for the holdover period, an amount equal to 150% of the Base Rent in effect on the amount payable upon termination date, prorated daily on the date basis of the expiration or earlier termination of this Lease or a 30 day month during such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all holding over. All other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of LandlordIn addition, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible liable for all damages suffered incurred by Landlord resulting from or occasioned by Tenant’s as a result of such holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 Paragraph 22 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord For purposes of Rent after the expiration this Paragraph 22, “possession of the Term or earlier Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon termination of this the Lease shall not result as set forth in a renewal or reinstatement of this Lease, including, without limitation, those concerning the condition and repair of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Virobay Inc), Lease Agreement (Virobay Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier early termination of the Term Term, (i) Base Rent shall remain unchanged for the first 30 days of the holdover, (ii) from the 31st through the 60th day of the holdover, Tenant shall pay[* * *] percent ([* * *]%) of Base Rent for such month, (iii) from the 61stst through the 90th day of the holdover, Tenant shall pay [* * *] percent ([* * *]%) of Base Rent for such month, and after the ninety (90) days of holdover, such holdover shall be as a tenant at sufferance and not as a tenant at will, and the Base Rent shall be [* * *] percent ([* * *]%) of the amount in effect at the end of the Term. Further, in the event Tenant remains in possession of the Premises for more than thirty (30) days after the expiration of the Term, Tenant shall also be responsible for and pay all actual damages sustained by Landlord by reason of Tenant’s remaining in possession. In no event shall the collection or payment of Base Rent during such holdover period cause Tenant to be or be deemed a tenant at will. Should Tenant fail to so vacate the Premises upon the end of the term, Tenant shall be subject to dispossession without further notice, by summary dispossessory proceedings, in addition to any and all other remedies to which Landlord may be entitled by law or under this Lease. No holding over by Tenant without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Embecta Corp.), Lease Agreement (Embecta Corp.)

Holding Over. IfIf Lessee, with Landlord’s the express written consentconsent of Lessor, Tenant retains shall hold over after the expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that (a) the tenancy shall be from month-to-month and (b) the monthly rent to be paid by Lessee shall be determined by multiplying the monthly rent in effect immediately preceding such expiration times 150%. If Lessee holds possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Demised Premises after the expiration or earlier termination of the Term Lease without the express written consent of LandlordLessor, (A) Tenant Lessee shall become a tenant at sufferance upon remain bound by all the terms of this Lease covenants and agreements herein, except that (a) the tenancy shall be from month-to-month and (b) the monthly rental rent to be paid by Lessee shall be equal to 150% the greater of twice the Monthly Minimum Rent in effect immediately preceding such expiration or the total loss to Lessor as a result of Lessee's holdover, if, effective during the last 30 days term of such holdover, Lessor has leased all or part of the Term, and Premises to other Lessee(s). Any such tenancy may be terminated with twenty (B20) Tenant shall be responsible for all damages suffered days prior notice as provided by Landlord resulting from or occasioned by Tenant’s Washington State law. In the event of any unauthorized holding over, Lessee shall also indemnify and hold Lessor harmless from and against all liability, losses, claims, causes of action, damages, costs and expenses (including consequential damages. No holding over without limitation attorney fees) resulting from Lessee's failure to surrender the Premises, including without limitation claims made by Tenant, whether with or without consent of Landlord, shall operate succeeding Lessees resulting from Lessee's failure to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of surrender the Premises. Acceptance by Landlord of Rent after Lessee's obligations under this Section 25 shall survive the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Icos Corp / De), Industrial Lease (Icos Corp / De)

Holding Over. If31.1 In the event Tenant, with Landlord’s express written consentor any party claiming under Tenant, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consentExpiration Date or Termination Date, such possession shall be that of a tenant at sufferance and an unlawful detainer. No tenancy or interest shall result from such possession, and such parties shall be subject to immediate termination by Landlord at eviction and removal. Tenant or any timesuch party shall pay Landlord, as Base Rent for the period of such holdover, a monthly amount equal to one hundred fifty percent (ii150%) all of (a) the other terms Base Rent for the last period prior to the date of such termination, plus (b) Additional Rent attributable to Operating Expenses and provisions Taxes as provided in Article 5 of this Lease (includingduring the time of holdover, without limitation, the adjustment of Base together with all other Additional Rent and other amounts payable pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Such tenancy at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. Tenant remains in possession shall also be liable for any and all damages sustained by Landlord as a result of such holdover. Tenant shall vacate the Premises and deliver same to Landlord immediately upon Tenant’s receipt of notice from Landlord to so vacate. The Rent during such holdover period shall be payable to Landlord on demand. Landlord’s acceptance of Rent if and after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant holds over shall become a tenant not convert Tenant’s tenancy at sufferance upon the terms to any other form of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from tenancy or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement extension of the Term of this Lease, unless otherwise specified by notice from Landlord to Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any timetime upon 10 days notice to Tenant, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If if Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the (x) monthly rental for the first month shall be equal to 125% of Rent in effect during the last 30 days of the Term, and (y) thereafter, monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages’ provided that Landlord notifies Tenant in writing of the potential for such damages and Tenant does not surrender the Premises within 10 days after such notice. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Ambrx Biopharma Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that (x) for the first 60 days of such hold over, the monthly rental shall be equal to 125% of Base Rent in effect during the last 30 days of the Term (plus Operating Expenses), and (y) for any period of holdover in excess of 60 days, the monthly rental shall be equal to 150% of Base Rent in effect during the last 30 days of the TermTerm (plus Operating Expenses), and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Vir Biotechnology, Inc.), Lease Agreement (Vir Biotechnology, Inc.)

Holding Over. If, with Landlord’s express written consentUnless Landlord expressly agrees otherwise in writing, Tenant retains shall pay Landlord one hundred fifty hundred percent (150%) of the amount of Rent then applicable prorated on a per diem basis for each day Tenant shall fail to vacate or surrender possession of the Premises or any part thereof after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease Lease, together with all damages sustained by Landlord on account thereof. Notwithstanding the foregoing, provided that Tenant does not hold over in the Premises for more than one (1) month, Landlord hereby waives the right to proceed against Tenant for any claims made by any succeeding tenant, any lost profits and any other consequential damages relating to or arising from such other amount as Landlord may indicateone (1) month period. Tenant shall pay such amounts on demand, and, in the absence of demand, monthly in advance. The foregoing provisions, and Landlord’s sole and absolute discretionacceptance of any such amounts, in such written consentshall not serve as permission for Tenant to hold over, and nor serve to extend the Term (iv) although Tenant shall remain a tenant-at-sufferance bound to comply with all other payments shall continue under the terms provisions of this Lease). If Tenant remains in possession of Landlord shall have the Premises right at any time after the expiration or earlier termination of this Lease, or Tenant’s right to possession, to reenter and possess the Term without Premises and, except as expressly provided above regarding the express written consent waiver of Landlord’s right to proceed against Tenant for certain claims during the initial one (1) month period of holdover, (A) Tenant Landlord shall become a tenant at sufferance upon the terms have such other remedies for holdover as may be available to Landlord under other provisions of this Lease except that the monthly rental shall be equal pursuant to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leaseapplicable Laws.

Appears in 2 contracts

Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)

Holding Over. If, with Landlord’s express written consent, 40.01. Tenant retains will have no right to remain in possession of all or part of the Demised Premises after the termination expiration of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Leaseterm. If Tenant remains in possession of the Premises after the expiration all or earlier termination any part of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent Demised Premises after the expiration of the Term Lease, without the express consent of Landlord: (a) such tenancy will be deemed to be a periodic tenancy from month-to-month only; (b) such tenancy will not constitute a renewal or earlier termination extension of this Lease for any further term; and (c) such tenancy may be terminated by Landlord upon the earlier of (i) thirty (30) days prior written notice, or (ii) the earliest date permitted by law. In such event, monthly rent will be increased to an amount equal to two hundred percent (200%) of the monthly rent payable during the last month of the term, and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease. Such month-to-month tenancy will be subject to every other term, condition, and covenant contained in this Lease. The provisions of this Section shall not result be construed to relieve Tenant from liability to Landlord for damages resulting from any such holding over, or preclude Landlord from implementing summary dispossess proceedings. Tenant further acknowledges that its failure to perform any restoration required of it under this Lease shall be deemed the same as its remaining in a renewal or reinstatement possession of the Demised Premises after the expiration of the term, subjecting it to hold-over rent in accordance with this LeaseArticle 40.

Appears in 2 contracts

Samples: Lease Agreement (I Many Inc), Lease Agreement (Hanover Capital Mortgage Holdings Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) if Tenant’s period of holdover exceeds 30 days, Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Revolution Medicines, Inc.), Lease Agreement (Revolution Medicines, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) following the first 30 days of any such holdover, Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. : No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: License Agreement (Tcr2 Therapeutics Inc.), License Agreement (Tcr2 Therapeutics Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord and Tenant may indicate, in Landlord’s sole and absolute discretion, agree in such written consentconsent (provided, however, the foregoing shall not obligate either party to agree to or negotiate any such amount), and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Atreca, Inc.), Lease Agreement (Atreca, Inc.)

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Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consentLease, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Base Rent in effect during the last 30 days of the Term, plus all other Additional Rent hereunder, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant shall pay Landlord for each day Tenant retains irregular possession (“Hold Over”) of the Premises or any part thereof after termination of this Lease, as provided for hereunder, by lapse of time or otherwise, or of Tenant’s right to possession of the Premises after Premises, an amount which is one and a half the termination amount of Monthly Rent for the Term, (i) unless otherwise agreed first 30-day period in such written consent, which such possession shall be subject to immediate termination by Landlord at any timeoccurs, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in double the amount payable upon the date of the expiration or earlier termination of this Lease or Monthly Rent for any period thereafter, calculated as though such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of period were within the Term, and (B) Tenant shall also be responsible for all damages suffered other obligations under this lease during any Hold Over period. Nothing contained in this section shall be construed or operate as a waiver of Landlord’s right of re-entry or any other right or remedy of Landlord. No payments of money by Tenant to Landlord after the Term shall reinstate, continue or extend the Term and no extension of this Term shall be valid unless it is otherwise agreed in writing and signed by Landlord resulting from or occasioned and except as provided by Tenant’s holding overArticle 27 herein, including consequential damages. No holding over by TenantTenant hereby waives the provisions contained in Article 1762, whether with or without consent 1763 and 1764 of Landlord, shall operate the Civil Code for the State of Tamaulipas (the “Code”) and the provisions contained in Articles 1813 and 1814 of the Code regarding the waiver of the right to extend this the Lease except as otherwise expressly provided, beyond the Lease Term and this Section 8 shall not be construed as consent for Tenant to retain possession the waiver of the Premises. Acceptance by Landlord right to continue with the Lease for an indefinite period of Rent time after the expiration of the Term or earlier Lease Term. Furthermore, Tenant will indemnify and hold harmless Landlord against all damages, costs, losses, liabilities, claims and expenses, including attorneys’ fees, which Landlord incurs on account of Tenant’s failure to vacate and surrender the Premises upon termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Industrial Building Lease Agreement, Industrial Building Lease Agreement (Entorian Technologies Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of In the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If event Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express term hereof, or of any renewal term, with Landlord's written consent of Landlordconsent, (A) Tenant shall become be a tenant at sufferance upon the terms of this Lease will and such tenancy shall be subject to all provisions hereof, except that the monthly rental shall be equal to 150% at the higher of double the monthly Base Rent in effect during the last 30 days payable hereunder upon such expiration of the TermTerm hereof, and (B) or of any renewal term, or double the then current fair market rental value of the Premises as the same would be adjusted pursuant to the provision of Section 3 hereof. In the event Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain remains in possession of the Premises. Acceptance by Landlord of Rent Premises after the expiration of the Term hereof, or earlier termination any renewal term, without Landlord's written consent, Tenant shall be a tenant at sufferance and may be evicted by landlord without any notice, but Tenant shall be obligated to pay rent for such period that Tenant holds over without written consent at the same rate provided in the previous sentence and shall also be liable for any and all other damages Landlord suffers as a result of such holdover including, without limitation, the loss of a prospective tenant for such space. There shall be no renewal of this Lease by operation of law or otherwise, Nothing in this Section shall not result in be construed as a consent by Landlord for any holding over by Tenant after the expiration of the Term hereof, or any renewal or reinstatement of this Leaseterm.

Appears in 2 contracts

Samples: Lease Agreement (KnowBe4, Inc.), Lease Agreement (KnowBe4, Inc.)

Holding Over. IfShould Tenant, with without Landlord’s express written consent, hold over after termination of this Lease, Tenant retains shall. at Landlord’s option, become either a tenant at sufferance or a month-to-month tenant upon each and all of the terms herein provided as may be applicable to such a tenancy and any such holding over shall not constitute an extension of this Lease. During such holding over, Tenant shall pay in advance, monthly, Basic Rental at a rate equal to one hundred twenty-five percent (125%) of the rate in effect for the last month of the Term of this Lease including but not limited to Tenant’s Proportionate Share of Direct Costs. Nothing contained in this Article 5 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises after the termination of the Term, (i) unless otherwise agreed to Landlord as provided in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without Term. if Tenant fails to surrender the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance Premises upon the terms expiration or termination of this Lease except that the monthly rental shall be equal Lease, Tenant agrees to 150% of Rent in effect during the last 30 days of the Term(i) indemnify, defend and hold Landlord harmless from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers claims and attorney’s fees and costs, and (Bii) Tenant shall be responsible compensate Landlord for all damages suffered costs, losses. expenses and/or liabilities incurred by Landlord resulting from or occasioned by Tenant’s holding overas a result of such holdover, including consequential damages. No holding over by Tenantwithout limitation, whether with or without consent losses due to the loss of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leasesucceeding tenancy.

Appears in 2 contracts

Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)

Holding Over. If, with Landlord’s express written consentUnless Landlord expressly agrees otherwise in writing, Tenant retains shall pay Landlord one hundred fifty percent (150%) of the amount of the Base Rent and Rent Adjustments then applicable to the final Lease Year of the Term prorated on a per diem basis for each day Tenant shall retain possession of the Premises or any part thereof after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease or such other amount as Landlord may indicateuntil Tenant vacates the Premises, and shall be subject to the provisions of Article 7). In addition thereto, in Landlordthe event that Tenant’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms retention of this Lease. If Tenant remains in possession of the Premises (or any portion thereof) continues for more than sixty (60) days after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease the Lease, Tenant shall not result in a renewal or reinstatement pay Landlord all damages, consequential as well as direct, sustained by reason of Tenant’s retention of possession. The provisions of this Leaseparagraph do not limit the Landlord’s rights of re entry or any other right hereunder. In the event of a holdover by Tenant, upon demand by Landlord, Tenant shall so vacate the Premises within sixty (60) days.

Appears in 2 contracts

Samples: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages actually incurred by Landlord; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession or any party claiming by or under Tenant remains in occupancy of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at or any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of part thereof beyond the expiration or earlier termination of this Lease or Lease, such other amount as Landlord may indicate, in Landlord’s sole holding over shall be without right and absolute discretion, in such written consenta tenancy at sufferance, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible liable to Landlord for all damages suffered any loss or damage incurred by Landlord resulting from or occasioned by Tenant’s holding overas a result thereof, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly ; provided, however, following Xxxxxxxx's execution of a third-party lease which affects the Premises, Landlord shall deliver written notice (the “New Lease Notice”) of such lease to Tenant and this Section 8 the liability for consequential damages shall not be construed as consent effective until the later of (A) the date that occurs thirty (30) days following the date Landlord delivers such New Lease Notice to Tenant, or (B) the date such holdover commences. In addition, for each month or any part thereof that such holding over continues, Tenant shall pay to retain possession Landlord a monthly fee for the use and occupancy of the Premises. Acceptance by Landlord of Rent after the expiration Premises equal to (a) one hundred fifty percent (150%) of the Term or earlier termination Rent payable for the month immediately preceding such hold over for the first two (2) months such holding over continues and (b) two hundred percent (200%) of the Rent payable for the month immediately preceding such hold over thereafter. The provisions of this Lease Section 17 shall not result be deemed to limit or exclude any of Landlord’s rights of re-entry or any other right granted to Landlord hereunder, at law or in a renewal or reinstatement of this Leaseequity.

Appears in 2 contracts

Samples: Lease (R F Industries LTD), Lease (R F Industries LTD)

Holding Over. If, with Landlord’s express written consent, If Tenant retains shall for any reason remain in possession of the Premises Leased Property after the expiration of the Term or any earlier termination of the Term hereof, such possession shall be construed to be a monthly tenancy during which time Tenant shall pay as rental each month, for the first three (3) months of such month to month tenancy, (a) monthly Minimum Rent as set forth in the immediately preceding complete rent year, increased by one hundred twenty five percent (125%) plus (b) all Additional Charges accruing during such month; and plus (c) all other sums, if any, payable pursuant to the provisions of this Lease with respect to the Leased Property. Following the initial three (3) months of such month to month tenancy following expiration or early termination of the Term, Tenant shall pay as rental each month (ia) unless otherwise agreed in such written consent, such possession shall be subject one hundred fifty percent (150%) of the aggregate of one-twelfth (1/12th) of the aggregate Minimum Rent payable with respect to immediate termination by Landlord at any time, the immediately preceding complete Lease Year; plus (iib) all of Additional Charges accruing during such month; and plus (c) all other sums, if any, payable pursuant to the other terms and provisions of this Lease (includingwith respect to the Leased Property. During such period of tenancy, without limitationTenant and Landlord shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease and to continue its occupancy and use of the adjustment Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Base Rent pursuant Landlord to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) the holding over of Tenant shall continue to pay Base Rent in the amount payable upon the date of after the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, And Restated Lease Agreement (Global Medical REIT Inc.)

Holding Over. If, with Landlord’s express written consent, If Tenant retains remains in possession of the Premises or any part thereof after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of the term hereof with Landlord’s consent, such occupancy shall be a tenancy from month to month upon all the terms and conditions of this Lease or pertaining to the obligations of Tenant, except that the monthly Rent payable shall be one hundred fifty percent (150%) of the monthly Rent that was payable in the month immediately preceding the termination date of this Lease for the first thirty (30) days of such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consentholdover, and thereafter the monthly Rent payable shall be two hundred percent (iv200%) all other payments shall continue under of the terms monthly Rent that was payable in the month immediately preceding the termination date of this Lease. If Tenant remains in possession of the Premises or any part thereof after the expiration of the Term hereof without Landlord’s consent, Tenant shall, at Landlord’s option, be treated as a tenant at sufferance or a trespasser. Nothing contained herein shall be construed to constitute Landlord’s consent to Tenant holding over at the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the TermLease. Tenant hereby agrees to indemnify, hold harmless and defend Landlord from any cost, loss, claim or liability (Bincluding attorneys’ fees) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by may incur as a result of Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate failure to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain surrender possession of the Premises. Acceptance by Premises to Landlord of Rent after upon the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Office Lease (Ladenburg Thalmann Financial Services Inc), Office Lease (Ladenburg Thalmann Financial Services Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease. Payments of Rent payable pursuant to this Section 8 for any fractional calendar month shall be prorated.

Appears in 2 contracts

Samples: Lease Agreement (NantKwest, Inc.), Lease Agreement (Conkwest, Inc.)

Holding Over. If, with Landlord’s express written consentconsent by Lxxxxxxx, Tenant retains Txxxxx holds possession of the Premises after the termination expiration of the Termterm of this Lease, (i) unless otherwise agreed in Tenant shall become a tenant from month to month under this Lease, but the Base Rent during such written consent, such possession month to month tenancy shall be subject equal to immediate one hundred twenty five percent (125%) of the Base Rent in effect at the expiration of the term of this Lease. Landlord and Tenant each shall have the right to terminate such month to month tenancy by giving at least thirty (30) days’ written notice of termination by Landlord to the other at any time, (ii) all of in which event such tenancy shall terminate on the other terms and provisions of this Lease (includingtermination date set forth in such termination notice. If, without limitationwritten consent by Landlord, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in Txxxxx holds possession of the Premises after the expiration or earlier termination of the Term without the express written consent term of this Lease, then such continued occupancy shall be deemed an unconsented to holdover tenancy and a tenancy at sufferance for which Landlord shall have all rights and remedies at law and in equity; and as a cumulative remedy and not as a definitive measure of Landlord’s damages, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be liable for an amount equal to one hundred fifty percent (150% %) of the Base Rent in effect during the last 30 days final month of the Termnow expired term, and (B) Tenant shall be responsible such liability accruing for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No each day of such holding over until exclusive possession is restored to Landlord with the Premises in the condition to which they were required to have been kept and maintained and in the condition for surrender of possession as required by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Guaranty Agreement (Amrep Corp.), Lease Guaranty Agreement (Amrep Corp.)

Holding Over. If, with Landlord’s 's express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s 's sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150200% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s 's holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Holding Over. IfIf Landlord agrees in writing that Tenant may hold over after the expiration or earlier termination of this Lease, with unless the parties hereto otherwise agree in writing as to the terms of such holding over, the holdover tenancy shall be subject to termination by Landlord or Tenant at any time upon not less than thirty (30) days' prior written notice. If Tenant holds over without the consent of Landlord’s express written consent, the same shall be a tenancy at will terminable at any time, and Tenant retains shall be liable to Landlord for, and Tenant shall indemnify, protect, defend and hold Landlord harmless from and against, any damages, liabilities, losses, costs, expenses or claims suffered or caused by such holdover, including, without limitation, reasonable attorneys' fees and damages and costs related to any successor tenant of the Premises to whom Landlord could not deliver possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all when promised. All of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding be applicable during any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration with or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) except that Tenant shall become a tenant at sufferance pay to Landlord from time to time upon demand, as Rent for the terms period of this Lease except that the monthly rental shall be any holdover, an amount equal to one hundred fifty percent (150% %) of the then applicable Base Rent plus all Additional Rent in effect during on the last 30 days termination date, computed on a daily basis for each day of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesholdover period. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and Lease. The preceding provisions of this Section 8 Paragraph 16.2 shall not be construed as Landlord's consent for Tenant to retain possession of the Premisesany holding over by Tenant. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease16.3.

Appears in 2 contracts

Samples: Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)

Holding Over. IfShould Tenant, with Landlord’s express written consentor any of its successors in interest, Tenant retains possession of hold over the Premises or any part thereof after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in without Landlord’s sole and absolute discretion, in such 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to one hundred fifty percent (iv150%) all other payments shall continue under of the Base Rent owed during the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of this Lease. If Tenant remains its successors in possession of interest, hold over the Premises or any part thereof after the expiration or earlier termination of the Term without the express this Lease with Landlord's prior written consent of Landlordconsent, (A) such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant shall become a tenant at sufferance and otherwise upon the terms and conditions of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the TermLease, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesso far as applicable. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance The acceptance by Landlord of Rent after the such expiration of the Term or earlier early termination of this Lease shall not result in a renewal or reinstatement extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant's fixtures and/or personal property pursuant to Section 9.1 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, loss or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 2 contracts

Samples: Lease Agreement (Schnitzer Steel Industries Inc), Lease Agreement (Schnitzer Steel Industries Inc)

Holding Over. If, with Landlord’s express written consent, If Tenant retains should remain in possession of all or any portion of the Premises after the termination expiration of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions Term of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding or any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as the termination of Tenant’s right to possess the Premises), without the execution by Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under Tenant of a new lease or an extension of the terms Term of this Lease, then Tenant shall be deemed to be occupying the entire Premises as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. If During any such holdover period, Tenant remains shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant to Landlord during the last month of the Term of this Lease and all Additional Rent. The monthly rent payable for such holdover period shall in no event be construed as a penalty or liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in a renewal or reinstatement of this Leaseequity and collect damages in connection with any such holdover.

Appears in 2 contracts

Samples: Datacenter Lease (Rhodium Enterprises, Inc.), Datacenter Lease (SilverSun Technologies, Inc.)

Holding Over. If, with Landlord’s 's express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s 's sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of the Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s 's holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Acusphere Inc), Lease Agreement (Acusphere Inc)

Holding Over. IfShould Tenant, with Landlord’s express written consentor any of its successors in interest, Tenant retains possession of hold over the Premises or any part thereof after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in without Landlord’s sole and absolute discretion, in such 's prior written consent, such holding over shall constitute and be construed as tenancy at sufferance only, at a monthly rent equal to two hundred percent (iv200%) all other payments shall continue under of the Base Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, so far as applicable. Should Tenant, or any of this Lease. If Tenant remains its successors in possession of interest, hold over the Premises or any part thereof after the expiration or earlier termination of the Term without the express this Lease with Landlord's prior written consent of Landlordconsent, (A) such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant shall become a tenant at sufferance and otherwise upon the terms and conditions of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the TermLease, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesso far as applicable. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance The acceptance by Landlord of Rent after the such expiration of the Term or earlier early termination of this Lease shall not result in a renewal or reinstatement extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises on the expiration of this Lease and/or to remove all Tenant's fixture and/or personal property pursuant to Section 9.01 hereof, Tenant shall indemnify and hold Landlord harmless for, from and against all claims, damages, loss or liability, including without limitation, any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and any attorneys' fees and costs incurred by Landlord with respect to any such claim.

Appears in 2 contracts

Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental (x) for the first 60 days of any holdover shall be equal to 125% of Rent in effect during the last 30 days of the Term, and (y) for any period of holdover in excess of 60 days shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that Tenant shall not be liable for consequential damages in connection with a hold over of 60 days or less. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains If Lessee remains in possession of any of the Premises Properties after the termination expiration of the Termterm hereof (a "Holdover"), Lessee, at Lessor's option and within Lessor's sole discretion, may be deemed a tenant on a month-to-month basis and shall continue to pay rentals and other sums in the amounts provided in the following sentence and to comply with all the terms of this Lease; provided that nothing herein nor the acceptance of rent by Lessor shall be deemed a consent to such Holdover. In the event of a Holdover, (i) unless otherwise agreed in such written consent, such possession no rent shall be subject to immediate termination by Landlord at any timedue for the first fifteen (15) days of the Holdover, (ii) all on the sixteenth (16th) day of the other terms and provisions of Holdover, Lessee shall pay Lessor rent in an amount equal to double the Base Monthly Rental due under this Lease immediately prior to the Holdover, and (iii) commencing with the first day of the second calendar month of the Holdover and on or before the first day of each succeeding calendar month of the Holdover, Lessee shall pay Lessor in advance an amount equal to double the Base Monthly Rental due under this Lease immediately prior to the Holdover. Lessee shall defend, indemnify, protect and hold the Indemnified Parties harmless from and against any and all Losses resulting from Lessee's failure to surrender possession upon the expiration of the Lease Term, including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the claims made by any succeeding lessee. The terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant Section 30 shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after survive the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this LeaseTerm.

Appears in 2 contracts

Samples: Master Lease (Piccadilly Cafeterias Inc), Master Lease (Piccadilly Cafeterias Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150[***]% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over (including consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including including, without limitation, consequential damagesdamages that Landlord may incur or suffer by reason of Landlord’s inability to lease the Premises or deliver occupancy to a particular tenant). No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Arbutus Biopharma Corp), Lease Agreement (Arbutus Biopharma Corp)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of this Lease, whether by lapse of time or otherwise, or after a termination of Tenant’s right of possession, then Landlord may, at Landlord’s sole election at any time after the termination of the Termthis Lease or Tenant’s right of possession, serve written notice on Tenant that such holding over constitutes either: (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all the creation of a month-to-month tenancy upon each of the other terms and provisions of this Lease herein provided as may be applicable to such month-to-month tenancy, except that Tenant shall pay to Landlord Base Rent for each month or portion thereof in the amount set forth below, plus all Additional Rent (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereofTax Amount, the Operating Expense Amount, the Estimated Tax Payments and the Estimated Operating Expense Payments) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) coming due during such holdover period, or (iiiii) Tenant shall continue to pay Base Rent in the amount payable upon the date creation of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant tenancy at sufferance upon each of the terms herein provided as may be applicable to such tenancy at sufferance, except that Tenant shall pay to Landlord a per diem rent equal to the per diem Base Rent set forth below, plus the per diem amount of all Additional Rent (including, without limitation, the Tax Amount, the Operating Expense Amount, the Estimated Tax Payments and the Estimated Operating Expense Payments). If no written notice is served by Landlord, then a tenancy at sufferance with Rent as stated in (ii) above shall have been created. The provisions of this Lease except that the monthly rental Subsection shall be equal not operate as a waiver by Landlord of any right of re-entry herein provided. In addition to 150% and not in limitation of Rent all other remedies set out in effect during the last 30 days of the Termthis Subsection, and (B) Tenant shall be responsible liable for all damages suffered (consequential as well as direct) sustained by Landlord resulting from or occasioned by on account of Tenant’s holding over, including consequential damages. No Base Rent payable during any holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except be as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.follows:

Appears in 2 contracts

Samples: Ulta Salon, Cosmetics & Fragrance, Inc., Ulta Salon, Cosmetics & Fragrance, Inc.

Holding Over. IfIf Tenant or anyone claiming by, with Landlord’s express written consent, through or under Tenant retains shall remain in possession of all or any part of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession which shall include a failure by Tenant to remove any Tenant’s Removable Property or Alterations which Landlord notified Tenant were to be subject to immediate termination by Landlord removed at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (ivthe Term) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlordthis Lease, (A) Tenant such holding over shall become be treated as a tenant daily tenancy at sufferance upon the terms of this Lease except that the monthly rental shall be at a Basic Rent equal to one hundred fifty percent (150% %) of the Basic Rent in effect during for the last 30 days rental period of the TermTerm plus Additional Rent and other amounts herein provided (prorated on a daily basis). In addition to any other liabilities to Landlord accruing therefrom, and (B) Tenant shall be responsible for protect, defend, indemnify and hold Landlord harmless from all damages suffered loss, costs and damages, direct and/or indirect, sustained by Landlord resulting from or occasioned by Tenant’s reason of any such holding over, including consequential damagesincluding, without limitation, claims made by and loss of any succeeding tenant arising out of such failure to timely surrender possession in the condition required under this Lease. No In all other respects, such holding over shall be on the terms and conditions set forth in this Lease as far as applicable (and excluding any extension, expansion or rights of first offer of tenant) in the Lease. Nothing contained in this Article 12 shall be construed as a consent by Landlord to any holding over by Tenant, whether with or without consent and Landlord shall have the right to immediately terminate such holding over pursuant to applicable Law. The provisions of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 Article 12 shall not be construed as consent for Tenant deemed to retain possession limit or constitute a waiver of the Premises. Acceptance by any other rights or remedies of Landlord of Rent after the expiration of the Term provided herein or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leaseat law.

Appears in 2 contracts

Samples: Lease (Arcellx, Inc.), Lease (Arcellx, Inc.)

Holding Over. IfIf Tenant fails to surrender all or any part of the Premises at the expiration or earlier termination of this Lease, with Landlord’s express written consent, Tenant retains possession any such occupancy of all or any part of the Premises after the such expiration or termination shall be that of the Term, (i) unless otherwise agreed in a tenancy at sufferance. Any such written consent, occupancy after such possession expiration or termination shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (includingLease, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) except that Tenant shall continue to pay Base an amount for such occupancy (on a per month basis without reduction for partial months during the holdover) equal to, for the first thirty (30) days after such expiration or termination, one hundred and fifty percent (150%) of the Rent in due for the amount payable upon entire Premises, and thereafter two times the date of Rent due for the month immediately preceding the holdover. No holdover by Tenant or payment by Tenant after the expiration or earlier termination of this Lease shall be construed to extend the Term or such other amount as prevent Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms from immediate recovery of this Lease. If Tenant remains in possession of the Premises by summary proceedings or otherwise. In addition, if as a result of such holdover, Landlord is unable to deliver possession of space to a new tenant or to perform improvements therein for a new tenant due to Tenant’s failure to timely vacate all or part of the Premises, Tenant shall be liable to Landlord for all damages and losses that Landlord suffers from the holdover. Notwithstanding the foregoing, provided Tenant vacates the Premises within thirty (30) days after the expiration or earlier termination of the Term without the express written consent of Landlordthis Lease, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent liable for Tenant to retain possession of any consequential or punitive damages resulting from Xxxxxx’s holding over in the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at directly or through any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option Transferee or other similar right or optionsuccessor-in-interest of Tenant) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of this Lease, Tenant’s continued possession shall be on the Term without basis of a tenancy at the express written consent sufferance of Landlord. No act or omission by Landlord, (A) other than its specific written consent, shall constitute permission for Tenant to continue in possession of the Premises, and if such consent is given or determined to have been given by a court judgment, Landlord may terminate Tenant’s holdover tenancy at any time upon 30 days’ written notice. In such event, Tenant shall become a tenant at sufferance upon continue to comply with or perform all the terms and obligations of Tenant under this Lease Lease, except that the monthly rental shall be equal to 150% of Base Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession one hundred fifty percent (150%) of the Premises. Base Rent payable in the last full month prior to the termination hereof Acceptance by Landlord of Rent rent after the expiration of the Term such termination shall not constitute a renewal or earlier termination extension of this Lease and nothing contained in this provision shall not be deemed to waive Landlord’s right of re-entry or any other right hereunder or at law. Tenant shall indemnify, defend and hold Landlord harmless from and against all Claims arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any rent payable by or any loss, cost, or damages claimed by any prospective tenant of the Premises, and (ii) Landlord’s damages as a result in a renewal of such prospective tenant rescinding or reinstatement refusing to enter into the prospective lease of this Leasethe Premises by reason of such failure to timely surrender the Premises.

Appears in 2 contracts

Samples: Lease (LendingClub Corp), Lease (LendingClub Corp)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150200% of Rent in effect during the last 30 thirty (30) days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in holds possession of the Premises after the expiration or earlier termination of the Term without the express written consent of this Lease with Landlord’s consent, (A) Tenant shall become a tenant from month-to-month upon the terms and provisions of this Lease, provided the monthly Base Rent during such hold over period shall be 150% of the Base Rent due on the last month of the Lease Term, payable in advance on or before the first day of each month, unless otherwise agreed by Landlord and Tenant in writing. Acceptance by Landlord of the monthly Base Rent without the additional fifty percent (50%) increase of Base Rent shall be deemed or construed as a waiver by Landlord of any of its rights to collect the increased amount of the Base Rent as provided herein at sufferance upon any time. Such month-to-month tenancy shall not constitute a renewal or extension for any further term. All options, if any, granted under the terms of this Lease except that the monthly rental shall be equal to 150% deemed automatically terminated and be of Rent in no force or effect during said month-to-month tenancy. Termination of such tenancy shall occur by either Landlord or Tenant giving written notice of termination to the last 30 other party at least thirty (30) days prior to the effective date of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagestermination. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 This paragraph shall not be construed as consent Landlord’s permission or lack of permission for Tenant to retain possession of the Premiseshold over. Acceptance of Base Rent by Landlord of Rent after the following expiration of the Term or earlier termination of this Lease shall not result in constitute a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Catalytica Energy Systems Inc), Lease Agreement (Renegy Holdings, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including for consequential damages; provided, however, that if Tenant delivers written inquiries to Landlord whether the potential exists for consequential damages if Tenant holds over, Landlord shall, promptly after each such inquiry, notify Tenant in writing whether at the time of such inquiry the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Ligand Pharmaceuticals Inc)

Holding Over. If, with LandlordTime is of the essence of the Tenant’s express written consentobligation to vacate the Premises upon the termination of the Lease. Unless Landlord expressly agrees otherwise in writing, Tenant retains shall pay Landlord one hundred fifty percent (150%) of the amount of Rent payable by Tenant during the last month of the Lease Term prorated on a per diem basis for each day Tenant shall fail to vacate or surrender possession of the Premises or any part thereof after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or Lease, together with all damages sustained by Landlord on account thereof. Tenant shall pay such other amount as Landlord may indicateamounts on demand, and, in the absence of demand, monthly in advance. The foregoing provisions, and Landlord’s sole and absolute discretionacceptance of any such amounts, in such written consentshall not serve as permission for Tenant to hold-over, and nor serve to extend the Term (iv) although Tenant shall remain a tenant-at-sufferance bound to comply with all other payments shall continue under the terms provisions of this Lease). If Tenant remains in possession of Landlord shall have the Premises right at any time after the expiration or earlier termination of this Lease, or Tenant’s right to possession, to reenter and possess the Term without the express written consent of LandlordPremises and remove all property and persons therefrom, (A) Tenant and Landlord shall become a tenant at sufferance upon the terms have such other remedies for holdover as may be available to Landlord under other provisions of this Lease except that or applicable Laws. The foregoing provisions of this Section 23 notwithstanding, Tenant shall have the monthly rental shall be equal right to 150% of Rent in effect during holdover for two (2) months beyond the last 30 days end of the Lease Term at its then current Rent upon written notice to Landlord given at least three (3) months prior to the end of the Lease Term; provided, and (B) however, that thereafter Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent have no right to occupy the Premises and the other provisions of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 23 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leasethen apply.

Appears in 2 contracts

Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Holding Over. IfTenant will, with at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord’s express written consent, . If Tenant retains possession of the Leased Premises or any part thereof after the termination such termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes any one of the Term, (i) unless otherwise agreed in such written consentrenewal of this Lease for one year, such possession shall be subject and from year to immediate termination by Landlord at any timeyear thereafter, or (ii) all creation of a month to month tenancy, upon the other terms and provisions of conditions set forth in this Lease (includingLease, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date creation of the expiration or earlier termination of this Lease or such other amount as Landlord may indicatea tenancy at sufferance, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance any case upon the terms of and conditions set forth in this Lease except Lease; provided, however, that the monthly rental shall (or daily rental under (iii)) shall, in addition to all other sums which are to be paid by Tenant hereunder, whether or not as additional rent, be equal to 150% double the rental being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of Rent (iii) on the basis of a 365 day year for each day Tenant remains in effect during possession). If no such notice is served, then a tenancy at sufferance shall be deemed to be created at the last 30 days of rent in the Term, and (B) preceding sentence. Tenant shall be responsible for also pay to Landlord all damages suffered sustained by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over retention of possession by Tenant, whether with or without consent including the loss of Landlord, shall operate to extend any proposed subsequent tenant for any portion of the Leased Premises. The provisions of this Lease except as otherwise expressly provided, and this Section 8 paragraph shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance constitute a waiver by Landlord of Rent after the expiration any right of re-entry as herein set forth; nor shall receipt of any rent or any other act in apparent affirmance of the Term or earlier termination tenancy operate as a waiver of the right to terminate this Lease shall not result in for a renewal breach of any of the terms, covenants, or reinstatement of this Leaseobligations herein on Tenant's part to be performed.

Appears in 2 contracts

Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in holds possession of the Premises after the expiration or earlier termination of the Term without the express written with Landlord’s consent of Landlord(which consent Landlord may withhold, (A) condition, or delay in its sole and absolute discretion), Tenant shall become a tenant at sufferance from month-to-month under a new tenancy upon the all applicable terms and conditions of this Lease Lease, except that the monthly rental Net Rent during such hold over period shall be equal to 150125% of the Net Rent in effect during due on the last 30 days month of the Term. Landlord’s acceptance of the monthly Net Rent without the additional increase in Net Rent specified in the preceding sentence shall not be deemed or construed as a waiver by Landlord of any of its rights to collect at any time the increased amount of the Net Rent this Section 28 obligates Tenant to pay, including retroactively to the first day after the expiration of the scheduled Term. Such month-to-month tenancy shall not constitute a renewal or extension for any further term. All options, if any, that this Lease grants shall be deemed automatically terminated and (B) be of no force or effect during such month-to-month tenancy. Tenant shall continue in possession until such tenancy shall be responsible for all damages suffered terminated by either Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesTenant giving written notice of termination to the other party at least 30 days before the effective date of termination. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this This Section 8 28 shall not be construed as consent Landlord’s permission for Tenant to retain hold over, and if Tenant holds over without Landlord’s consent, Tenant shall be liable for all damages Landlord suffers as a result of such holding over, including but not limited to any lost rent and other damages Landlord suffers as a result of being unable to deliver possession of the Premises. Acceptance by Landlord of Rent Premises to a subsequent tenant immediately after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leaseexpires.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (WuXi PharmaTech (Cayman) Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains If Lessee shall for any reason remain in possession of the Premises a Property after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or as to such other amount Property (unless such Property is conveyed to Lessee), such possession shall be as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments a tenancy at sufferance during which time Lessee shall continue under to pay Supplemental Rent that would be payable by Lessee hereunder were the terms Lease then in full force and effect with respect to such Property and Lessee shall continue to pay Basic Rent at the lesser of the highest lawful rate and one hundred ten percent (110%) of the last payment of Basic Rent due with respect to such Property prior to such expiration or earlier termination of this Lease. If Tenant remains in possession Such Basic Rent shall be payable from time to time upon demand by Lessor and such additional amount of Basic Rent shall be applied by Lessor ratably to the Lenders and the Holders based on their relative amounts of the Premises then outstanding aggregate Property Cost for all Properties. During any period of tenancy at sufferance, Lessee shall, subject to the second preceding sentence, be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenants at sufferance, to continue its occupancy and use of such Property. Nothing contained in this Article XXIII shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental as to any Property (unless such Property is conveyed to Lessee) and nothing contained herein shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from read or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent preventing Lessor from maintaining a suit for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term such Property or earlier termination of this Lease shall not result exercising any other remedy available to Lessor at law or in a renewal or reinstatement of this Leaseequity.

Appears in 2 contracts

Samples: Credit Agreement (Franklin Resources Inc), Lease Agreement (Centennial Healthcare Corp)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession holds over beyond the end of the Premises after Term with the termination Consent of Landlord, then the provisions of the hold over tenancy shall be the same provisions set forth in this Lease governing the rights and obligations of the parties during the Term, except that: the tenancy shall be on the basis of a month to month tenancy, terminable by Landlord immediately by issuance of a notice to quit possession,; there shall be no rights or options in Tenant to extend the Term, purchase any portion of the Property, exercise any right of refusal to any leasing or sale of any portion of the Property or any similar rights that may have been in effect during the Term; and the Base Rent for the hold over shall be the Base Rent in effect immediately prior to the end of the Term, (i) unless otherwise agreed in such written consent, such possession which shall be subject to immediate termination by Landlord at any time, (ii) all of increased in the other terms and provisions of this Lease (including, without limitation, same manner as the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding had been increased by any expansion formula or renewal option or other similar right or option) with any regular frequency during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this LeaseTerm. If Tenant remains in possession of does not vacate the Leased Premises after on or before the expiration or earlier termination end of the Term without and does not have Landlord’s Consent to remain in the express written consent Leased Premises, the failure to vacate shall not be treated as a hold over for any further term and the use and occupancy damages for which Tenant will be liable during any such period of Landlord, (A) Tenant shall become a tenant at sufferance upon occupancy will be the terms of amount that would have been payable as Additional Rent had this Lease except that the monthly rental shall be equal to 150% of Rent remained in effect during the last 30 days period of occupancy plus an amount equal to one and half times (1½ X) the Base Rent in effect at the end of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease, Lease

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises or any part thereof after the expiration or earlier termination of the Term this Lease, whether with or without the express written consent of Landlord's acquiescence, (A) Tenant shall become be deemed a tenant at sufferance upon will. In the terms event of any such holding over by Tenant after the expiration or other termination of this Lease except that or in the monthly rental shall be event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Paragraph 28(b) herein, Tenant shall, throughout the entire holdover period, pay Base Rental equal to 150% greater of Rent one hundred twenty-five percent (125%) of the Base Rental in effect during immediately before the last 30 days holdover period began or the "Prevailing Market Rate" (to be determined in the same manner as provided for in Paragraph 2 of the TermSpecial Stipulations set forth on Exhibit F attached hereto), and (B) together with all applicable Additional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. Tenant shall be responsible also remain liable for any and all damages damages, direct and consequential, suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesas a result of any holdover without Landlord's unequivocal written acquiescence. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Lease Term or earlier termination of this shall be construed to extend the Lease shall not result in a renewal or reinstatement of this LeaseTerm.

Appears in 2 contracts

Samples: Lease Agreement (Outback Steakhouse Inc), Lease Agreement (Florida Business Bancgroup Inc)

Holding Over. If, with Landlord’s express written consent, Tenant retains If any Lessee shall for any reason remain in possession of the Premises a Property after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or as to such other amount Property (unless such Property is conveyed to such Lessee), such possession shall be as Landlord may indicate, in Landlord’s sole and absolute discretion, in a tenancy at sufferance during which time such written consent, and (iv) all other payments Lessee shall continue under to pay Supplemental Rent that would be payable by such Lessee hereunder were the terms Lease then in full force and effect with respect to such Property and such Lessee shall continue to pay Basic Rent allocable to such Lessee at the lesser of the highest lawful rate and one hundred ten percent (110%) of the last payment of Basic Rent due with respect to such Property prior to such expiration or earlier termination of this Lease. If Tenant remains in possession Such Basic Rent shall be payable from time to time upon demand by Lessor and such additional amount of Basic Rent shall be applied by Lessor ratably to the Lenders and the Holders based on their relative amounts of the Premises then outstanding aggregate Property Cost for all Properties. During any period of tenancy at sufferance, such Lessee shall, subject to the second preceding sentence, be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenants at sufferance, to continue their occupancy and use of such Property. Nothing contained in this Article XXIII shall constitute the consent, express or implied, of Lessor to the holding over of any Lessee after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental as to any Property (unless such Property is conveyed to such Lessee) and nothing contained herein shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from read or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent preventing Lessor from maintaining a suit for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term such Property or earlier termination of this Lease shall not result exercising any other remedy available to Lessor at law or in a renewal or reinstatement of this Leaseequity.

Appears in 2 contracts

Samples: Lease Agreement (Dollar Tree Stores Inc), Lease Agreement (Performance Food Group Co)

Holding Over. IfTenant will, with Landlord’s express written consent, Tenant retains possession of the Premises after at the termination of this Lease by lapse of time or otherwise, surrender immediate possession to Landlord. If Landlord agrees in writing that Tenant may hold over after the Termexpiration or termination of this Lease and if the parties do not otherwise agree, (i) unless otherwise agreed in such written consent, such possession the hold over tenancy shall be subject to immediate termination by Landlord at any timetime upon not less than five (5) days advance written notice, or by Tenant at any time upon not less than thirty (ii30) days advance written notice. Further, all of the other terms and provisions of this Lease (includingshall be applicable during the hold over period, without limitationexcept that Tenant shall pay Landlord from time to time upon demand, the adjustment of as Base Rent pursuant for the period of any hold over, an amount equal to Section 4 hereofone and one-half times (1-1/2) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay the Base Rent in effect on the amount payable upon the date termination date, computed on a daily basis for each day of the expiration or earlier hold over period, plus all additional rental and other sums due hereunder. If Tenant shall fail immediately to surrender possession of the Leased Premises to Landlord upon termination of this Lease Lease, by lapse of time or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consentotherwise, and (iv) all other payments shall continue Landlord has not agreed to such continued possession as above provided, then, until Landlord can dispossess Tenant under the terms of this Leasehereof or otherwise. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance pay Landlord from time to time upon demand, as Base Rent for the terms period of this Lease except that the monthly rental shall be any such holdover, an amount equal to 150% of twice the Base Rent in effect during on the last 30 days termination date, computed on a daily basis for each day of the Termhold over period, plus all additional rental and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damagesother sums due hereunder. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and agreed by the parties. The preceding provisions of this Section 8 Paragraph shall not be construed as Landlord's consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Leasehold over.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Avanex Corp), Commercial Lease Agreement (Avanex Corp)

Holding Over. IfIf Tenant fails to surrender all or any part of the Premises at the termination of this Lease, with Landlord’s express written consent, Tenant retains possession occupancy of the Premises after the termination shall be that of the Term, (i) unless otherwise agreed in such written consent, such possession a tenancy at sufferance. Tenant’s occupancy shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to the greater of (i) two hundred percent (200%) of the sum of the Base Rent and Additional Rent due for the monthly period immediately preceding the holdover, and (ii) the then fair market rental value of the Premises, as determined by Landlord. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover and Tenant fails to vacate the Premises within thirty (30) days after notice from Landlord, Tenant shall be liable for all damages that Landlord suffers from the holdover, including, without limitation, the adjustment of Base Rent pursuant any claims made by any succeeding tenant founded upon such delay, any payment or rent concession which Landlord may be required to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during make to such holdover period, (iii) Tenant shall continue tenant to pay Base Rent in the amount payable upon the date induce such tenant not to terminate its lease by reason of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession the loss of the Premises. Acceptance by Landlord of Rent after the expiration benefit of the Term or earlier termination bargain if any such tenant shall terminate its lease by reason of this Lease shall not result in a renewal or reinstatement of this Leasesuch holding over by Tenant.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Loxo Oncology, Inc.)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150200% of the Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Sunesis Pharmaceuticals Inc), Lease Agreement (Omeros Corp)

Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any timetime upon at least 5 days’ advance written notice to Tenant, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150(1) for the first 30 days of such holdover, 125% of the Base Rent in effect during the last 30 days of the TermTerm plus Operating Expenses, and (2) thereafter, 150% of Base Rent in effect during the last 30 days of the Term plus Operating Expenses, and (B) if such holdover continues in excess of 30 days, Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages; provided, however, that if Tenant delivers a written inquiry to Landlord within 30 days prior to the expiration or earlier termination of the Term, Landlord will notify Tenant whether the potential exists for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Regulus Therapeutics Inc.), Lease Agreement (Regulus Therapeutics Inc.)

Holding Over. If, with Landlord’s express written consent, If Tenant retains possession of the Premises shall hold over after the Expiration Date or other termination of the Term, (i) unless otherwise agreed in such written consentthis Lease, such possession holding over shall not be subject deemed to immediate termination by Landlord at any time, (ii) all of the other terms and provisions be a renewal of this Lease (including, without limitation, the adjustment of Base Rent pursuant but shall be deemed to Section 4 hereof) shall remain in full force create a month to month tenancy only and effect (excluding any expansion or renewal option or other similar right or option) during by such holdover period, (iii) holding over Tenant shall continue to pay Base Rent in the amount payable upon the date be bound by all of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole terms and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms conditions of this Lease. If , except that during such month to month tenancy Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, shall pay to Landlord (A) Tenant shall become a tenant at sufferance upon two (2) times the terms of this Lease except that the monthly rental shall be equal to 150% of Base Rent in effect payable hereunder during the last 30 days month of the Term, and (B) any and all Operating Expenses and other forms of Additional Rent payable under this Lease. Such month-to-month tenancy may be terminated by Landlord or Tenant effective as of the last day of any calendar month by delivery to the other of notice of such termination prior to the first day of such calendar month. Tenant shall be responsible for all indemnify, defend and hold Landlord harmless from and against any claim, damage, loss, liability, judgment, suit, disbursement or expense (including consequential damages suffered by Landlord and reasonable attorneys’ fees and disbursements) (collectively, “Claims”) resulting from failure to surrender possession upon the Expiration Date or occasioned by Tenant’s holding oversooner termination of the Term, including consequential damages. No holding over any Claims made by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly providedany succeeding tenant, and this Section 8 such obligations shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after survive the expiration of the Term or earlier sooner termination of this Lease shall not result in a renewal or reinstatement of this Lease.

Appears in 2 contracts

Samples: Office Lease (Global Axcess Corp), Office Lease (Global Axcess Corp)

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