Common use of Holding Over Clause in Contracts

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 2 contracts

Samples: Lease (New Century Financial Corp), New Century Financial Corp

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Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent the greater of: (125%a) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by , provided Landlord has given written notice to Tenant of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leasesuch succeeding tenant. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 2 contracts

Samples: Lease (Ista Pharmaceuticals Inc), Lease (Micro Therapeutics Inc)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five twenty percent (125120%) of the Basic Rent for the month immediately preceding the date of terminationtermination for the initial two (2) months of holdover by Tenant and thereafter, the monthly Basic Rent for the second third (2nd3rd) and each successive month of holdover shall be the greater of one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite Landlord's written demand to do so by Landlord(which demand shall include notice to Tenant of a succeeding tenant and the need for Tenant's immediate surrender), then Tenant shall indemnify be liable for Landlord's foreseeable consequential and hold Landlord harmless from all loss or liabilityother damages (including, including without limitation, any claims made reasonable attorney's fees) proximately caused by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 2 contracts

Samples: Lease (Broadcom Corp), Lease (Broadcom Corp)

Holding Over. This Lease shall terminate without further notice upon Tenant will, at the termination of this lease by lapse of time or otherwise, yield up immediate possession to Landlord with all repairs and maintenance required herein to be performed by Tenant completed. If Landlord agrees in writing that Tenant may hold over after the expiration or termination of this lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the hold over tenancy shall be subject to termination by Landlord at any time upon not less than fifteen (15) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice, and all of the Termother terms and provisions of this lease shall be applicable during that period, except that Tenant shall pay Landlord from time to time upon demand, as rental for the period of any hold over, an amount equal to double the rent in effect on the termination date, computed on a daily basis for each day of the hold over period. Should Tenant provide nine (9) months prior written notice of its intent to hold over beyond the term, Tenant shall pay one hundred fifty (150%) percent of the rent in effect on the termination date for the first two (2) months beyond the expiration date, and double rent thereafter. Provided Landlord gives written notice to Tenant that Landlord has entered into a Lease Agreement with a new tenant, Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the premises. No holding over by Tenant after the expiration shall not constitute a renewal Tenant, whether with 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 (or earlier termination) of the Term without the prior written consent 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 operate to extend this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, lease except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseotherwise expressly provided. The foregoing preceding provisions of this Section are in addition paragraph shall not be construed as consent for Tenant to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawhold over.

Appears in 1 contract

Samples: Lease Agreement (Daleen Technologies Inc)

Holding Over. This Notwithstanding anything contained in the Master Lease shall terminate without further notice upon to the expiration contrary, for each month or portion thereof Subtenant retains possession of the Term, and Subleased Premises or any holding over by Tenant portion thereof after the expiration shall not constitute a renewal or extension termination 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 (or earlier termination) of the Term Sublease without the prior written consent of LandlordSublandlord, such possession Subtenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute become a month-to-month tenancy commencing Subtenant on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, the Sublease except that the monthly Basic Rent for the initial month of holdover Subtenant shall be pay to Sublandlord one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred and fifty percent (150%) of the Basic most recent Base Rent for the month immediately preceding the date pursuant to Paragraph 5(b) hereof and 100% of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beAdditional Rent. If Tenant fails to surrender the Premises upon the expiration The provisions of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination Paragraph shall not constitute a consent to a holdover or result in a renewal waiver by Sublandlord of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's right of any re-entry rights of Sublandlord as provided herein or by law. Notwithstanding the foregoing, if Subtenant retains possession of the Subleased Premises or any portion thereof after the expiration or termination of the Master Lease, and the Sublandlord’s Premises has been fully surrendered to Master Landlord at the expiration or termination of the Master Lease, Subtenant shall be liable for any and all losses, claims, expenses, damages and demands payable by Sublandlord to Master Landlord under Section 3(d) of the Master Lease (“Holdover Damages”); provided, however, in no event shall Subtenant be liable for any claims or demands made by succeeding tenants founded upon delay in delivery of possession of the Subleased Premises to such succeeding tenant unless Sublandlord has given Subtenant not less than 20 days written notice that there will be a tenant succeeding to the Subleased Premises. If Subtenant retains possession of the Subleased Premises or any portion thereof after the expiration or termination of this Sublease without the consent of Sublandlord, and Sublandlord or any other rights subtenant of Landlord under Sublandlord also retains possession of all or any part of the Sublandlord’s Premises, then Subtenant shall only be liable for Subtenant’s Share of Sublandlord’s Holdover Damages. This Paragraph 14 shall survive the expiration or sooner termination of this Lease or at lawSublease.

Appears in 1 contract

Samples: Sublease Agreement (Trevena Inc)

Holding Over. This Lease Tenant shall terminate without further notice upon pay Landlord double the expiration Adjusted Monthly Base Rent then applicable for each month or partial month during which Tenant retains possession of the TermPremises, and or any holding over by Tenant part of the Premises, 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 (or earlier termination) of the Term without the prior written consent 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 Tenant shall indemnify Landlord against all liabilities and damages, including, without limitation, consequential damages, sustained by Landlord by reason of such eventsretention of possession. In addition, all rights or options which Tenant may have with respect to the leasing of additional space shall become null and void upon the commencement of such retention of possession and Landlord shall be subject not have any obligation to all give any consents or approvals during the continuance thereof. The provisions of this Article shall not constitute a waiver by Landlord of any re-entry rights of Landlord available under this Lease or by law. If Tenant retains possession of the terms Premises, or any part of the Premises, for thirty (30) days after the expiration or termination of this Lease, except then at the sole option or Landlord expressed by written notice to Tenant, but not otherwise, such holding over shall constitute a renewal of this Lease for a period of one (1) year on the same terms and conditions as are contained in this Lease, provided, however, that Tenant shall pay Rent (including base rent and rent adjustments) for such one (1) year renewal term at a rate equal to the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent prevailing market rental rate for comparable office space in the Building or Projectas of the commencement date of such one (1) year renewal term, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance solely determined by Landlord of rent after the termination shall not constitute a consent to a holdover or result and set forth in a renewal 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 lawnotice to Tenant exercising such renewal right.

Appears in 1 contract

Samples: Office Lease (Piranha Inc)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that for the initial two (2) months of holdover the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and thereafter the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (Prometheus Laboratories Inc)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that that: (i) the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent two (125%2) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month months of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and (ii) the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one two hundred fifty percent (150200%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may beBuilding. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Industrial Lease (Naturade Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Should Tenant hold over by Tenant after the expiration shall not constitute a renewal or extension sooner termination 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 (or earlier termination) of the Term Lease without the express prior written consent of Landlord, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing on subject to each and all terms and conditions of this Lease as applicable to a month-to-month tenancy, and such tenancy shall be terminable upon not less than thirty (30) days’ notice given by either Landlord or Tenant at any time. During such holding over, Tenant shall pay in advance monthly Rental equal to the first greater amount of: a) the product of the rentable area times the Base Rent per square feet of rentable area being quoted generally by Landlord to prospective Tenants, or b) the rental rate established under the Lease for the last month of the Term of the Lease, plus fifty percent (1st) day following 50%). In addition, Tenant shall pay any additional rent as set forth in Paragraph 4 and any other charges payable under the Lease during the period in which Tenant holds over. The foregoing provisions of this Paragraph are in addition to and do not affect Xxxxxxxx’s right to re-enter the Premises or any other rights of Landlord under the Lease or as otherwise provided by law. Nothing contained in this Paragraph 22 shall be construed as consent by Landlord to any holding over by Xxxxxx and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or earlier termination of this Lease. In either The terms and conditions of such events, possession shall Xxxxxx’s holding over may be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent changed by Landlord upon not less than thirty (125%30) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bedays’ notice. If Tenant Xxxxxx fails to surrender the Premises upon the expiration or sooner termination of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss losses or liability, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. Acceptance by Landlord , any loss of rent after the termination shall from prospective tenants, and any attorneys’ fees and legal costs incurred by Landlord, whether or not constitute a consent to a holdover or result in a renewal 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 lawlegal action is filed.

Appears in 1 contract

Samples: Lease Agreement

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent the greater of (125%a) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (4-D Neuroimaging)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and Except for any holding over permitted occupancy by Tenant after the expiration shall not constitute a renewal or extension of this Leaseunder Article VIII, 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If if Tenant fails to surrender the Premises upon at the expiration or earlier termination of this Lease, occupancy of the Premises after the termination or expiration shall be that of a tenancy at sufferance. During the first 60 days of any such holdover, Tenant shall pay an amount equal to 150% of the Base Rent and 100% of Additional Rent due for the period immediately preceding the holdover, calculated and payable on a per day basis for each day in such initial 60 day period that Tenant holds over in the Premises. Thereafter, commencing on the 61st day of any such holdover, Tenant shall pay an amount (on a per calendar month basis without reduction for partial calendar months during the remainder of the holdover) equal to 150% of the greater of: (1) the sum of the Base Rent and Additional Rent due for the period immediately preceding the holdover; or (2) the fair market gross rental for the Premises as reasonably determined by Landlord. Notwithstanding the foregoing, Tenant shall only be liable for 100% of Base Rent and Additional Rent on a per diem basis for the 5 day period following the expiration of this Lease despite demand to do so by Landlord, if Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord remains in possession of rent after the termination shall not constitute a consent to a holdover or result Premises for the sole purpose of removing the Required Removables as provided in a renewal Article VII of this Lease. The foregoing provisions No holdover by Tenant or payment by Tenant after the expiration or early termination of this Section are in Lease shall 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 of Tenant's holdover and do not affect Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord's right of re-entry inability to deliver possession, or any other rights of perform improvements, Tenant shall be liable to Landlord under this Lease or at lawfor all damages, including, without limitation, consequential damages, that Landlord suffers from the holdover.

Appears in 1 contract

Samples: Office Lease Agreement (Actel Corp)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant after expiration or other termination of the expiration Term of this Lease with the written consent of Landlord delivered to Tenant shall not constitute a renewal or extension of this Lease, the Lease or give Tenant any rights under in or to the Leased Premises except as expressly provided in this Lease. Any holding over after the expiration or other termination of the Term of this Lease, except when in writing signed by both parties. If Tenant holds over for any period after with the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute be construed to be a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a from month to 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 all of the same terms of this Lease, and conditions herein specified insofar as applicable except that the monthly Basic Rent for the initial month of holdover shall be one increased to an amount equal to two hundred twenty-five percent (125200%) percent of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent required during the last month of the Lease term; provided, however, that the monthly Rent shall be prorated based on the actual number of days in the month for any partial month of the third holding over. Holding over conduct within the meaning of the Lease and this Paragraph 30 shall also include: (3rdi) the failure by Tenant to surrender the Leased Premises on the Lease Termination Date in the physical condition described in Paragraphs 8 ("Acceptance and Surrender of Premises"), 10 ("Alterations and Additions") and each successive month of holdover 11 ("Tenant Maintenance") and/or any Consents to Modifications/Alterations (if any) for which conduct Tenant shall be subject to the greater of: (I) one hundred fifty percent (150%) of the Hold Over Basic Rent for under this Paragraph until the month immediately preceding Leased Premises is restored to the date of termination; condition required under this Lease or (ii) if Tenant is responsible for paying to Landlord the then current Basic Rent for comparable space cost of the restoration work in the Building or Project, as the case may be. If lieu of Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordcompleting said restoration, Tenant shall indemnify and hold be liable to Landlord, at the Basic Rent rate for the last month of the Lease Term, for the estimated time it would take to complete said restoration, regardless of whether or not Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating elects to make such failure restoration to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (First Virtual Communications Inc)

Holding Over. This Lease If Tenant, with Landlord’s prior written consent, shall terminate without further notice upon the expiration be in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal Termination Date or extension any earlier termination of this Lease, or give Tenant any rights Lease such occupancy shall be deemed to be under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent 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, which shall continue until either party provides thirty (30) days’ written notice to the other that the notifying party elects to terminate the tenancy, in which event the tenancy commencing on shall terminate at the first end of the thirty (1st30) day following the termination of this Leaseperiod. In either of The Base Rent during such events, possession tenancy shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be equal one hundred twenty-twenty five percent (125%) percent of the Basic Base Rent for the month immediately preceding Lease Year during which expiration or termination of the date Term occurred. If, without Landlord’s prior written consent, Tenant continues to occupy the Premises after this Lease is terminated or expires, without altering or impairing any of terminationLandlord’s rights under this Lease or applicable law or implying any right to remain in possession, monthly Basic Tenant agrees to pay to Landlord as Base Rent for the second (2nd) month Premises until the Tenant surrenders possession of holdover shall be the Premises to Landlord, a sum equaling one hundred fifty percent (150%) percent of the Basic amount of monthly Base Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; Lease Year during which termination or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beexpiration occurred. If Tenant fails to surrender occupies the Premises upon after the expiration of this Lease despite demand to do so by is terminated or expires without having obtained Landlord’s prior written consent, Tenant shall agrees to protect, defend, indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made Claims asserted against Landlord by any succeeding tenant relating to such reason of Landlord’s failure to surrender. Acceptance by Landlord deliver the Premises to or make the Premises available for a subsequent tenant of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawPremises.

Appears in 1 contract

Samples: Office Lease Agreement (CardioVascular BioTherapeutics, Inc.)

Holding Over. This Lease shall terminate without further notice upon the 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 Expiration Date (or earlier termination) termination of the Term Term) without the prior written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance onlyonly and a Default by Tenant; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) 1st day following the termination of this LeaseLease and terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125%) 150% of the Basic Rent total monthly rental for the month immediately preceding the date of termination, subject to Landlord’s right to modify same upon 30 days notice to Tenant. The acceptance by Landlord of monthly Basic Rent hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlord. If Xxxxxx fails to vacate the Premises within 15 days after Landlord notifies Tenant that Landlord has entered into a lease for the second (2nd) month Premises or has received a bona fide offer to lease the Premises and that Landlord will be unable to deliver possession or perform improvements due to Tenant’s holdover, and if Landlord is unable to deliver possession of holdover the Premises to a new tenant or to perform improvements for a new tenant as a result of Xxxxxx’s holdover, then Tenant shall be one hundred fifty percent (150%) of liable for all damages that Landlord suffers from the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beholdover. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall also indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Axonics, Inc.)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any Any holding over by Tenant after the expiration shall not constitute a renewal or extension other termination of this LeaseLease with the written consent of Landlord delivered to Tenant shall be construed to be a tenancy from month to month at the Base Rent in effect on the date of such expiration or termination on the terms, or give Tenant any rights under this Lease, except when in writing signed by both partiescovenants and conditions herein specified so far as applicable. If Tenant holds Any holding over for any period after the expiration (or earlier termination) other termination of the Term this Lease without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be construed to be a month-to-month tenancy commencing at sufferance on the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Leaseset forth herein, except that the monthly Basic Base Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be an amount equal to one hundred fifty percent (150%) of the Basic Base Rent for payable by Tenant immediately prior to such holding over. Acceptance by Landlord of Rent after the expiration or termination of this Lease shall not constitute a consent by Landlord to any such tenancy from month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive to month of holdover shall be the greater of: (I) one hundred fifty percent (150%) or result in any other tenancy or any renewal of the Basic Rent for term hereof. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or ProjectPremises. Therefore, as the case may be. If if Tenant fails to surrender the Premises upon the expiration or other termination of this Lease despite demand Lease, then, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityLosses resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and any lost profits to Landlord resulting therefrom, provided that Landlord gives Tenant at least 30 days’ prior written notice of rent after the termination shall not constitute a consent to a holdover any such losses or result in a renewal of this Leasedamages. The foregoing provisions of this Section Paragraph are in addition to to, and do not affect affect, Landlord's right of re-entry to reentry or any other rights of Landlord under this Lease hereunder or at provided by law.

Appears in 1 contract

Samples: Guidewire Software, Inc.

Holding Over. This Lease 14.1 Tenant shall terminate without further notice upon vacate the expiration Demised Premises on the Expiration Date of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this LeaseLease term, or give Tenant on any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent 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 other termination of this Lease. In either If Tenant holds possession of the Demised Premises after the Expiration Date or any other termination of this Lease, Landlord shall have the option, exercisable in writing thirty (30) days after the date of termination as aforesaid, to treat Tenant as a Tenant at Sufferance, or as a tenant by the month. If Landlord fails to make such eventselection, possession then the Tenant shall be subject to all deemed a tenant by the month, commencing with the first day after the termination of the Lease at DOUBLE the Basic Monthly Rent paid during the last month of the term, and upon all the other terms of this Lease, except that including the monthly Basic Rent for provision of this paragraph. Said holdover term shall terminate upon thirty (30) days notice from one party to the initial month of holdover other. Nothing contained herein shall be one hundred twenty-five percent construed within said thirty (125%30) of the Basic Rent for the month immediately preceding days after the date of Lease termination as aforesaid as a consent by Landlord to the occupancy or possession of the Demised Premises by Tenant after the termination of the Lease, and Landlord, upon said termination, monthly Basic Rent for the second (2nd) month of holdover if Landlord elects to treat Tenant as a Tenant at Sufferance, shall be one hundred fifty percent (150%) entitled to the benefit of all rights conferred upon Landlord by statute or a common law relating to the speedy recovery of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) possession of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beDemised Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordIn addition, Tenant shall indemnify and hold be liable to Landlord harmless from for all loss or liability, including without limitation, any claims made damages suffered by any succeeding tenant relating to such Landlord as a result of Tenant's failure to surrender. Acceptance by Landlord vacate the Demised Premises at the end of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 term, or at law.the end of the holdover term, including, but not limited to,

Appears in 1 contract

Samples: Lease (Bremen Bearings Inc)

Holding Over. This Lease If Tenant shall terminate retain possession of the Premises or any portion thereof without further notice upon Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Lease 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 sooner termination for any period after reason, then Tenant shall pay to Landlord for each day of such retention double the expiration (or earlier termination) amount of the Term without the prior written consent of Landlord, such possession shall constitute monthly rental (prorated on a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on daily basis) for the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject month prior to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of expiration or termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall also indemnify and hold Landlord harmless from all any loss or liabilityliability resulting from delay by Xxxxxx in surrendering the Premises including, including without limitation, any claims made by any succeeding tenant relating founded on such delay. Alternatively, if Landlord gives notice of Xxxxxxxx's consent to Xxxxxx's holding over, such failure to surrenderholding over shall constitute renewal of the Lease on whatever terms are specified in such notice from Landlord. Acceptance of Rent by Landlord of rent after the following expiration or termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect paragraph shall waive Landlord's right of re-entry reentry or any other rights right. Unless Landlord exercises the option hereby given to it, Tenant shall be only a tenant at sufferance, whether or not Landlord accepts any Rent from Tenant while Tenant is holding over without Xxxxxxxx's written consent. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord under shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Lease or at lawArticle 15 shall apply.

Appears in 1 contract

Samples: Basic Lease Information (Dey Inc)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination for the initial month of hold over and one hundred seventy-five percent (175%) of the Basic Rent for the month immediately preceding the date of termination for each month of hold over thereafter, or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Industrial Lease (Emachines Inc /De/)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant 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 However, should Landlord accept the payment of such eventsmonthly hold-over rent by Tenant, possession then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover rental shall be one hundred fifty percent (150%) of the Basic Rent total monthly rental for the month immediately preceding the date of termination, and subject to Landlord's right to modify same upon thirty (30) days notice to Tenant. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space full amount due unless otherwise agreed in the Building or Project, as the case may bewriting by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Diedrich Coffee Inc

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) the greater of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and or (b) the monthly then currently scheduled Basic Rent for the third comparable (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite the written demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Netlist Inc)

Holding Over. This Lease Sublease shall terminate without further notice upon the expiration of the TermTerm (including as it may be extended), and any holding over by Tenant Subtenant after the expiration shall not constitute a renewal or extension of this LeaseSublease, or give Tenant Subtenant any rights under this LeaseSublease, except when in writing signed by both parties. If Tenant Subtenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of LandlordSublandlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord Sublandlord shall constitute a month-to-month to month tenancy commencing on the first (1st) day following the termination of this LeaseSublease. In either of such events, possession shall be subject to all of the terms of this LeaseSublease, except that the monthly Basic Base Rent for the initial month of holdover shall be one the greater of (a) two hundred twenty-five percent (125200%) of the Basic Base Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current Basic fair market Base Rent for comparable space in the Building or Project, as the case may bePremises. If Tenant Subtenant fails to surrender the Premises upon the expiration of this Lease Sublease despite demand to do so by LandlordSublandlord, Tenant Subtenant shall indemnify and hold Landlord Sublandlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord Sublandlord of rent Rent after the termination shall not constitute a consent to a holdover or result in a renewal of this LeaseSublease. The foregoing provisions of this Section are in addition to and do not affect LandlordSublandlord's right of re-entry or any other rights of Landlord Sublandlord under this Lease Sublease or at law.

Appears in 1 contract

Samples: Sublease

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant after Farm Property and/or the Butlxx Xxxlding following expiration shall not constitute a renewal or extension 4 71 sooner termination 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 Undexxxxx Xxxse (or earlier termination) any portion thereof), Tenant's continued possession of the Term without Farm Property and/or the prior written consent of Landlord, such possession Butlxx Xxxlding 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination which shall not constitute a consent to a holdover or result in act as a renewal of this LeaseUndexxxxx Xxxse for any additional period pursuant to California Civil Code Section 1161(2). The foregoing provisions During Tenant's continued possession of the Farm Property, the applicable terms and conditions of this Section are Undexxxxx Xxxse shall apply except Tenant's rent for said continued possession shall be computed and paid monthly, in addition advance, on the first day of each month during said continued possession at the rate of $[ ] per month without adjustment for partial months, if any. During Tenant's continued possession of the Butlxx Xxxlding, the applicable terms and conditions of this Undexxxxx Xxxse shall apply except Tenant's rent for said continued possession shall be $[ ] per month without adjustment for partial months, if any. This paragraph shall not be interpreted to prevent Landlord from causing Tenant to immediately vacate the Farm Property and/or the Butlxx Xxxlding on expiration or sooner termination of their respective terms. 18. Irrigation Water and do Flooding - Landlord does not affect Landlordwarrant the quality or quantity of the water available from any source will be suitable or sufficient for Tenant's right use and Landlord does not warrant or represent that the Farm Property and/or the Butlxx Xxxlding will not flood. Tenant hereby waives all rights Tenant may otherwise have to recover from Landlord for any damages to Tenant's crops, machinery, equipment and other property caused by flooding, or leaks, or lack of re-entry water or any other rights of Landlord under this Lease contaminated water or at lawotherwise.

Appears in 1 contract

Samples: Operating Agreement (Epl Technologies Inc)

Holding Over. This Lease shall terminate without further notice upon If Tenant continues to occupy the expiration of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension other termination of this Lease, 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 (or earlier termination) termination of the Term without the prior written consent Tenant's right of Landlordpossession, such possession occupancy shall constitute be that of a tenancy at sufferance only; such holding over with sufferance. Tenant shall, throughout 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 eventsentire holdover period, possession shall be subject to all of the terms and provisions of this Lease, except that the monthly Basic Rent Lease and shall pay for the initial its use and occupancy an amount (on a per month of holdover shall be one hundred twenty-five percent (125%basis without reduction for any partial months during any such holdover) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be equal to one hundred fifty percent (150%) of the Basic Base Rent and Additional Rent due under this Lease for the last full month immediately preceding of the term hereof during such holdover. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Lease Term shall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. Tenant shall also be liable to Landlord for all direct and consequential damages which Landlord may suffer by reason of any holding over by Tenant; provided Tenant shall not be liable to Landlord for consequential damages arising from Tenant's holdover unless (i) Landlord gives written notice (the "Vacancy Notice") to Tenant stating (x) that Landlord has entered into a letter of intent, letter or memorandum of understanding or another similar instrument with a proposed tenant or a third party has accepted a proposal made by Landlord to lease all or part of the Premises and (y) the date of terminationLandlord requires Tenant to vacate the Premises (the "Vacancy Date"), and the monthly Basic Rent for the third (3rd) and each successive month of holdover which date shall be the greater of: (I) one hundred fifty percent (150%) later of the Basic Rent for the month immediately preceding the expiration date of termination; or this Lease and thirty (30) days after Tenant's receipt of the Vacancy Notice, and (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender vacate the Premises upon on or before the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawVacancy Date.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Chimerix Inc)

Holding Over. This Lease shall terminate without further notice upon Tenant acknowledges that possession of the demised premises must be surrendered to Landlord at the expiration or sooner termination of the Termterm of this lease. Xxxxxx agrees to indemnify and save Landlord harmless against all liabilities, costs, suits, demands, charges, and expenses of any holding over by Tenant after the expiration shall not constitute a renewal kind 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilitynature, including attorneys' fees and disbursements, resulting from a delay by Xxxxxx in so surrendering the demised premises, including, without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Xxxxxx to surrendertimely surrender possession of the demised premises as aforesaid will be extremely substantial, will exceed the amount of fixed rent and additional rent theretofore payable hereunder and will be impossible of accurate measurement. Acceptance by Tenant, therefore, agrees that if possession of the demised premises is not surrendered to Landlord of rent within twenty-four (24) hours after the date of the expiration or sooner termination of the term of this lease, then Tenant shall pay to Landlord, as liquidated damages, a sum equal to two (2) times the per diem fixed rent and additional rent which was payable during the calendar month preceding the calendar month in which the term ended for each day Xxxxxx holds over and fails to deliver possession of the demised premises. Nothing herein contained shall be deemed to permit Tenant to retain possession of the demised premises after the expiration or sooner termination of the term of this lease. Landlord, by availing itself of the rights and privileges granted by this provision and the acceptance of the liquidated damages, shall not constitute a consent be deemed to a holdover or result have waived any of its rights and privileges granted in a renewal of this Lease. The foregoing other provisions of this Section are lease, and the rights granted in this Article shall be considered in any event as in addition to and do not affect Landlord's right in exclusion of re-entry or any such other rights and privileges. The aforesaid provisions of Landlord under this Lease Article shall survive the expiration or at lawsooner termination of the term of this lease.

Appears in 1 contract

Samples: Manchester Equipment Co Inc

Holding Over. This Lease shall terminate without further notice upon If Tenant, or any assignee or subtenant of Tenant, holds over possession of the Premises beyond the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension earlier termination 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with will not be deemed to extend the prior written consent Term or renew this Lease but such holding over will continue upon the terms, covenants and conditions of Landlord shall constitute this Lease except that the charge for use and occupancy of the Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over will be a monthliquidated sum equal to one-to-month tenancy commencing on twelfth (1/12th) of 125% times the Basic Rent and Additional Rent (calculated as if the Lease were still in existence) required to be paid by Tenant during the calendar year preceding the expiration or earlier termination of this Lease for the first sixty (1st60) days of the holdover and 150% times the Basic Rent and Additional Rent (calculated as if the Lease were still in existence) after such sixty (60) day following period. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. If the Premises are not surrendered upon the expiration or earlier termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify indemnify, defend and hold harmless Landlord harmless from against any and all loss or liabilitylosses and liabilities resulting therefrom, including including, without limitation, any claims made by any succeeding tenant relating to founded upon such failure to surrenderdelay. Acceptance Nothing contained in this Lease will be construed as a consent by Landlord to the occupancy or possession of rent after the Premises beyond the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal of this Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any assignee or subtenant of Tenant, or other party claiming rights to the Premises under or through Tenant upon the expiration or earlier termination of the Term. The foregoing provisions of this Section are in addition to and do not affect Landlord's right Article 24 will survive the expiration or earlier termination of re-entry or any other rights of Landlord under this Lease or at lawLease.

Appears in 1 contract

Samples: Lease Agreement (Medicines Co /De)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms term of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination for the initial month of hold over and one hundred seventy-five percent (175%) of the Basic Rent for the month immediately preceding the date of termination for each month of hold over thereafter, or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including including, without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry reentry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Industrial Lease (Ithaka Acquisition Corp)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Should Tenant hold over by Tenant after the expiration shall not constitute a renewal or extension sooner termination 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 (or earlier termination) of the Term without the Sublease with Landlord’s prior written consent of Landlordconsent, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing on the first (1st) day following the termination subject to each and all terms and conditions of this LeaseSublease as applicable to a month-to-month tenancy, and such tenancy shall be terminable upon not less than thirty (30) days’ written notice given by either Landlord or Tenant at any time. During such holding over, Tenant shall pay in advance monthly Base Rent equal to the greater amount of: a) the product of the Rentable Area times the base rent per square foot of Rentable Area then being quoted generally by Landlord to prospective tenants, or b) 150% of the Base Rent established under the Sublease for the last month of the Term of the Sublease. In either of such eventsaddition, possession Tenant shall be subject to all of pay any Additional Rent as set forth in Section 5 and any other charges payable under the terms Sublease during the period in which Tenant holds over. The foregoing provisions of this Lease, except that Section are in addition to and do not affect any rights of Landlord under the monthly Basic Rent for the initial month Sublease or as otherwise provided by law. Nothing contained herein shall constitute Landlord’s consent to any holding over by Tenant. The terms and conditions of holdover shall Tenant’s holding over may be one hundred twenty-five percent changed by Landlord upon not less than thirty (125%30) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bedays’ written notice. If Tenant fails to surrender the Premises upon the expiration or sooner termination of this Lease Sublease despite written demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss losses or liability, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. Acceptance , any loss of rent from prospective tenants, and any reasonable attorneys’ fees and legal costs incurred and paid by Landlord of rent after the termination shall to enforce Landlord’s rights hereunder, whether or not constitute a consent to a holdover or result in a renewal 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 lawlegal action is filed.

Appears in 1 contract

Samples: Sublease Agreement (Imarx Therapeutics Inc)

Holding Over. This Lease shall terminate without further notice If Tenant should fail to vacate the Premises upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give with Landlord's approval Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute become a month-to-month Tenant, subject to all laws of the District of Columbia applicable to such tenancy commencing on and to the first terms and conditions of this Lease, so far as applicable. The monthly rent to be paid Landlord by Tenant during such continued occupancy shall be an amount equal to one and one-half (1st1 1/2) day following times the rent (which shall include Basic Rent and Additional Rent) being paid for the month the Lease expires or is terminated. Notwithstanding the foregoing, if Tenant remains in occupancy without the consent of Landlord, after expiration or termination of this Lease, no receipt of money by Landlord from Tenant shall reinstate or extend this Lease or affect any prior notice given by Landlord to Tenant. In either of Landlord shall have the right to accept any payments by Tenant as use and occupancy payments, but not as rent, without being deemed to have consented to such events, possession holdover. Such use and occupancy payments shall be subject equal to all the amount of the terms of rent that would have been collected by Landlord pursuant to this LeaseSection 11 had Landlord approved Tenant's holding over as a month-to-month Tenant, except that the monthly Basic Rent for the initial month of holdover and shall be one hundred twenty-five percent (125%) of the Basic Rent credited against rent accruing for the month immediately preceding the date of terminationsuch period. Moreover, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If if Tenant fails to surrender the Premises upon the expiration or termination of this Lease Lease, despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityliability including, including without limitation, any claims loss of rent or any claim made by any succeeding tenant relating to or prospective tenant founded on or resulting from such failure to surrender. Acceptance by In the event of holding over, Landlord may at any time prior to acceptance of rent after and without waiving its right to use and occupancy payments, reenter the termination shall not constitute a consent to a holdover Premises by any applicable legal process or result otherwise in a renewal accordance with the provisions 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 1 contract

Samples: Woodroast Systems Inc

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date greater of termination, and the monthly Basic Rent for the third (3rda) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current Basic Rent fair market rental for comparable space in the Building or Project, as the case may bePremises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (Molecular Devices Corp)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and Except for any holding over permitted occupancy by Tenant after the expiration shall not constitute a renewal under Section 29, if Tenant or extension of this Leaseany party claiming by, through 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon at the expiration or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay Base Rent in an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the Base Rent due for the period immediately preceding the holdover. Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease despite demand shall be construed to do so 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 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, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityperform improvements, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal Time Sensitive Default hereunder; and notwithstanding any other provision of this Lease. The foregoing provisions of this Section are in addition Lease to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe contrary, TENANT SHALL BE LIABLE TO LANDLORD FOR, AND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, ALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.

Appears in 1 contract

Samples: Office Lease (GameFly Inc.)

Holding Over. This Lease shall terminate without further 23.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon the expiration of the Termdate on which Tenant will vacate the Premises, both because Landlord will require an extensive period to locate a replacement tenant 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of because 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 all of the terms of this Lease, except that the monthly Basic Rent will plan its entire leasing and renovation program for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space Building in the Building or Project, as the case may bereliance on its lease expiration dates. If Tenant also acknowledges that if Tenant fails to surrender the Premises upon at the expiration or termination of the Lease Term, it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the amount of Annual rent and Additional Rent that would have been payable had the Lease Term continued during such holdover period. Therefore, in the event that Tenant shall not immediately surrender the Premises on the date of the expiration or termination of the Lease Term, the rent payable by Tenant hereunder shall be increased to equal the greater of (i) fair market rent for the Premises or (ii) double the base rent, Additional Rent, and other sums that would have been payable pursuant to the terms of this Lease despite demand to do so if the Lease Term had continued during such holdover period. Such greater amount shall be computed by Landlord on a monthly basis in Landlord's discretion and shall be payable by Tenant on the first day of each month, from such expiration, or termination, until the Premises have been vacated by Tenant. Landlord's acceptance of such amounts from Tenant shall indemnify and hold Landlord harmless from all loss not in any manner impair or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not adversely affect Landlord's right of re-entry or any other rights of Landlord under and remedies hereunder, including, but not limited to, (i) its right to evict Tenant from the Premises, and (ii) Landlord's right to recover damages pursuant to this Lease and such other damages as are available to Landlord at law or at lawin equity.

Appears in 1 contract

Samples: Master Office Lease Agreement (Opinion Research Corp)

Holding Over. This Lease shall terminate without further 12.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice upon the expiration of the Termdate on which Tenant will vacate the Premises, because Landlord will (a) require an extensive period to locate a replacement tenant, 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 (or earlier terminationb) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent plan its entire leasing and renovation program for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space Building in the Building or Project, as the case may bereliance on its lease expiration dates. If Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Lease Term, then the rent shall be increased to equal the greater of (1) fair market rent for the Premises, or (2) one and one-half (1.5) times the Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease despite demand to do so by if the Lease Term had continued during such holdover period. Such rent shall be computed on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Landlord, Tenant 's acceptance of such rent shall indemnify not in any manner adversely affect Landlord's other rights and hold Landlord harmless from all loss or liabilityremedies, including without limitationLandlord's right to evict Tenant and to recover damages. Notwithstanding the foregoing, any claims made by any succeeding tenant relating if Landlord consents in writing to such failure to surrender. Acceptance Tenant holding over at the expiration or earlier termination of the Lease Term (which consent may be withdrawn by Landlord upon the giving of thirty (30) days prior notice to Tenant), then the rent after during such holdover period shall be the termination shall not constitute a consent greater of (1) fair market rent for the Premises, or (2) the Base Rent, additional rent and other sums that would have been payable pursuant to a holdover or result in a renewal of this Lease. The foregoing the 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 lawif the Lease Term had continued during such holdover period.

Appears in 1 contract

Samples: Lease Agreement (Markland Technologies Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Section 21.1 Should Tenant hold over by Tenant in possession after the expiration shall not constitute a renewal or extension of this LeaseExpiration Date, 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to extend the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Lease Term or renew this Lease. In either of such events, possession shall be subject Tenant agrees to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold save Landlord harmless from and against all loss or liabilityclaims, including losses, damages, liabilities, costs and expenses (including, without limitation, reasonably attorneys' fees and disbursements) resulting from delay by Tenant in surrendering the Demised Premises, including, without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord on the Expiration Date, in addition to any other rights and remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrendersurrender the Demised Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Demised Premises for each month and for each portion of any month during which Tenant holds over after the Expiration Date, a sum equal to 150% of that portion of the Fixed Rent, Additional Rent and other Rental which was payable under this Lease during the last month of the Lease Term. Acceptance Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Demised Premises through summary proceeding or otherwise, and no acceptance by Landlord of rent payments from Tenant after the termination Expiration Date shall not constitute a consent be deemed to a holdover or result be other than on account of the amount to be paid by Tenant in a renewal of this Lease. The foregoing accordance with the provisions of this Section are in addition to and do not affect Landlord's right 21.1. The provisions of re-entry or any other rights of Landlord under this Lease or at lawSection 21.1 shall survive the Expiration Date.

Appears in 1 contract

Samples: Agreement of Lease (Velocity Asset Management Inc)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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.to

Appears in 1 contract

Samples: Lease (Ydi Wireless Inc)

Holding Over. This Lease shall terminate without further notice upon TENANT will have no right to remain in possession of all or any part of the Leased Premises after the expiration of the Term, and term. If TENANT remains in possession of all or any holding over by Tenant part of the Leased Premises after the expiration shall of the term, with the express or implied 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 extension of this LeaseLEASE for any further term; and (c) such tenancy may be terminated by LANDLORD upon the earlier of 30 days’ prior written notice or the earliest date permitted by law. The parties recognize and agree that the damage to LANDLORD resulting from any failure by TENANT to timely surrender possession of the Leased Premises will be substantial, will exceed the amount of the monthly installments of the rent payable hereunder, and will be impossible to measure accurately. TENANT therefore agrees that if possession of the Leased Premises is not surrendered to LANDLORD upon the Expiration Date or give Tenant sooner termination of the LEASE, in addition to any other rights under this Leaseor remedies LANDLORD may have hereunder or at law, except when in writing signed by both parties. If Tenant TENANT shall pay to LANDLORD, as liquidated damages, for each month and for each portion of any month during which TENANT holds over for any period in the Leased Premises after the expiration (Expiration Date or earlier termination) of the Term without the prior written consent 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 sooner termination of this LeaseLEASE, a sum equal to two (2) times the aggregate of that portion of the Monthly Base Rent and additional rent that was payable under this LEASE during the last month of the term. In either of such events, possession Nothing herein contained shall be subject deemed to permit TENANT to retain possession of all or any part of the terms of this Lease, except that Leased Premises after the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) Expiration Date or sooner termination of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this LeaseLEASE. The foregoing provisions of this Section are in addition to and do not affect Landlord's right 26.11 shall survive the Expiration Date or sooner termination of re-entry or any other rights of Landlord under this Lease or at lawLEASE.

Appears in 1 contract

Samples: Sonendo, Inc.

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent two (125%2) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month months of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (Ii) one two hundred fifty percent (150200%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: License Agreement (New Century Financial Corp)

Holding Over. This Lease shall terminate without further notice upon the expiration of the TermTenant will, 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 (or earlier termination) of the Term without the prior written consent 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 LeaseLease by lapse of time or otherwise, surrender immediate possession to Landlord. In either If Landlord agrees in writing that Tenant may hold over after the expiration or termination of such eventsthis Lease and if the parties do not otherwise agree, possession the hold over tenancy shall be subject to termination by Landlord at any time upon not less than five (5) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice. Further, all of the terms and provisions of this LeaseLease shall be applicable during the hold over period, except that the monthly Basic Tenant shall pay Landlord from time to time upon demand, as Base Rent for the initial month period of holdover shall be one hundred twenty-five percent (any hold over, an amount equal to 125%) % of the Basic Base Rent for the month immediately preceding in effect on the date of termination, monthly Basic computed on a daily basis for each day of the hold over period, plus all additional Rent and other sums due hereunder. If Tenant shall fail immediately to surrender possession of the Leased Premises to Landlord upon termination of this Lease, by lapse of time or otherwise, and Landlord has not agreed to such continued possession, as above provided, then, until Landlord can dispossess Tenant under the terms hereof or otherwise, Tenant shall pay Landlord from time to time upon demand, as Base Rent for the second (2nd) month period of holdover shall be one hundred fifty percent (150%) of any such hold over, an amount equal to twice the Basic Base Rent for the month immediately preceding in effect on the date of termination, and the monthly Basic Rent computed on a daily basis for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) day of the Basic hold over period, plus all additional Rent for the month immediately preceding the date and other sums due hereunder. No holding over by Tenant, whether with or without consent of termination; or (ii) the then current Basic Rent for comparable space in the Building or ProjectLandlord, as the case may be. If Tenant fails shall operate to surrender the Premises upon the expiration of extend this Lease despite demand to do so except as otherwise expressly agreed by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseparties. The foregoing preceding provisions of this Section are in addition to and do Paragraph shall not affect be construed as Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconsent for Tenant to hold over.

Appears in 1 contract

Samples: Lease Agreement (HPL Technologies Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, including any extension terms thereof, 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term with or without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent only and an Event of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Default under this Lease. ; In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one at a daily rate of two hundred twenty-five percent (125200%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second termination divided by thirty (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be30). If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Sonicwall Inc)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination for the initial three (3) months of holdover, and two hundred percent (200%) of the Basic Rent for the month immediately preceding the date of termination for each month of holdover thereafter, or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender, provided Tenant has been notified in writing by Landlord prior to the expiration of the Term of such succeeding tenant. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect the Landlord's right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Industrial Lease (Rainbow Technologies Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and Except for any holding over permitted occupancy by Tenant after the expiration shall not constitute a renewal under Article 29, if Tenant or extension of this Lease, any party claiming by through 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon at the expiration or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 200% of the greater of: (1) the sum of the Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses due for the period immediately preceding the holdover; or (2) the fair market gross rental for the Premises as reasonably determined by Landlord46. Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease despite demand shall be construed to do so 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 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 perform improvements, such failure shall constitute a Time Sensitive Default hereunder; and Tenant shall be liable to Landlord for, and shall protect Landlord from and indemnify and hold defend Landlord harmless from against, all loss or liabilitylosses and damages, including without limitation, any claims made by any succeeding tenant relating to resulting from such failure to surrender. Acceptance by vacate, and any consequential damages that Landlord of rent after suffers from the termination shall not constitute a consent to a holdover or result in a renewal 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 lawholdover.

Appears in 1 contract

Samples: Office Lease (Gainsco Inc)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent content of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date greater of termination, and the monthly Basic Rent for the third (3rda) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current Basic Rent fair market rental for comparable space in the Building or Project, as the case may bePremises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (Micrus Corp)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current men currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (Chromavision Medical Systems Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and Except for any holding over permitted occupancy by Tenant after the expiration shall not constitute a renewal under Article 29, if Tenant or extension of this Leaseany party claiming by, through 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon at the expiration or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 200% of the Base Rent due for the period immediately preceding the holdover; provided, however, so long as no other uncured event of default exists under the Lease, for the first 30 days of any such holdover Tenant shall pay only 150% of such Base Rent amount. Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease despite demand shall be construed to do so 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 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, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityperform improvements, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal Time Sensitive Default hereunder; and notwithstanding any other provision of this Lease. The foregoing provisions of this Section are in addition Lease to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe contrary, TENANT SHALL BE LIABLE TO LANDLORD FOR, AND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, ALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.

Appears in 1 contract

Samples: Sublease Agreement (Tropicana Entertainment Inc.)

Holding Over. This Lease If Tenant holds over after the Term with the express written consent of Landlord such tenancy shall terminate without further notice upon be from month to month only and shall not be a renewal hereof, and Tenant shall pay as Rent to Landlord for the expiration use and occupancy of the Premises for each month Tenant holds over an amount agreed to be one and one quarter (1.25) times the Rent which is due on the last month of the Term, and any holding over by Tenant after shall also comply with all of the expiration shall not constitute a renewal or extension terms, covenants, conditions, provisions and agreements of this Lease, or give Lease for the time during which Tenant any rights under this Lease, except when in writing signed by both partiesholds over. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior express written consent of Landlord, such possession Tenant shall constitute a tenancy at sufferance only; such holding over with fail to vacate the prior written consent Premises after the expiration of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the Term or sooner termination of this Lease for any cause or after Tenant's right to occupy the Premises ceases, thereafter, and notwithstanding anything to the contrary contained elsewhere in this Lease. In either Tenant shall pay as Rent to Landlord for the use and occupancy of such eventsthe Premises for each month Tenant holds over an amount agreed to be two (2) times the Rent which is due on the last month of the Term, possession and Tenant shall be subject to also comply with all of the terms of this Leaseterms, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationcovenants, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationconditions, provisions and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration agreements of this Lease despite demand to do so by Landlordfor the time during which Tenant holds over. If the Premises are not surrendered at the end of the Term or of a permitted hold over period, Tenant shall indemnify be additionally responsible to Landlord for all damage (including but not limited to the loss of Rent) which Landlord shall suffer by reason thereof, and hold Tenant hereby indemnifies Landlord harmless from against all loss or liability, including without limitation, any claims made by any succeeding tenant relating lessee against Landlord, resulting from delay by Landlord in delivering possession of the Premises to such failure succeeding Tenant. Tenant's obligation to surrender. Acceptance by Landlord observe or perform all of rent after the terms, covenants, conditions, provisions and agreements of this Article shall survive termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: California Microwave Inc

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) for the initial first month of any such holdover shall be period one hundred twentyfifty percent (150%), and thereafter, one hundred seventy-five percent (125175%) ), of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may beBuilding. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Industrial Lease (Quantum Corp /De/)

Holding Over. This Lease shall terminate without further notice upon at the expiration of the Lease Term, and any . Any holding over by Tenant (or any Tenant Related Parties) after the expiration Lease Termination shall not constitute a renewal or extension of this Leasethe Lease Term, or nor give Tenant any rights under in or to the Premises except as expressly provided in this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term this Lease without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; . Tenant agrees that the reasonable value of the use of the Premises during any such holding over with the prior written without 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic monthly Base Rent for the month immediately preceding in effect upon the date of termination, such termination (without regard to any abatement of such monthly Base Rent and the monthly Basic Rent for the third (3rdprorated on a daily basis) and each successive month of Tenant shall continue to pay during such holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic period all Additional Rent for the month immediately preceding payable by Tenant in effect upon the date of termination; such termination (prorated on a daily basis). Acceptance by Landlord of rent after such termination shall not constitute a hold over hereunder or (ii) the then current Basic Rent for comparable space result in the Building or Project, as the case may bea renewal. If Tenant fails to surrender remains in possession of the Premises upon after Lease Termination and Landlord has provided at least thirty (30) days advance written notice to Tenant that Landlord has entered into a new lease with a new tenant covering the expiration of this Lease despite demand to do so by LandlordPremises, or applicable part thereof, then and only then, Tenant shall indemnify indemnify, defend and hold Landlord harmless from all loss and against any loss, damage, expense, claim or liabilityliability resulting from Tenant’s failure to surrender the Premises, including without limitation, any claims made by any succeeding tenant relating based on delay in the availability of the Premises; provided, however, in no event shall the foregoing be construed as requiring Tenant to such failure indemnify Landlord for any loss, damage, expense, claim or liability to surrenderthe extent caused by the negligence or willful misconduct of Landlord or its respective employees, contractors or agents. Acceptance by Landlord The provisions of rent after this Paragraph 21 shall survive the expiration or earlier termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease Agreement (Rambus Inc)

Holding Over. This Lease shall terminate without further notice upon at the expiration of the Term, and any . Any holding over by Tenant after expiration of the expiration Term shall not constitute a renewal or extension of this Lease, the Lease or give Tenant any rights under in or to the Premises except as expressly provided in this Lease, . Any holding over after such expiration with the written consent of Landlord and Master Landlord shall be construed to be a tenancy from month to month on the same terms and conditions herein specified insofar as applicable except when in writing signed by both partiesthat rent payable hereunder shall be increased to an amount equal to 150% of the monthly rent payable during the last full calendar month of the Term. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term Lease term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord and Master Landlord, Tenant shall constitute become a month-to-tenant at sufferance only, at a rental rate equal to 175% of the monthly rent payable during the last full calendar month tenancy commencing on of the first (1st) day following Term, and otherwise upon the termination terms, covenants and conditions of this Lease. In either Acceptance by Landlord of rent after such events, possession expiration or earlier termination shall be subject not constitute a consent to all of the terms a holdover hereunder or result in a renewal. The provisions of this Lease, except that SECTION 28 are in addition to and do not affect Landlord's or Master Landlord's right of reentry or any other rights of Landlord hereunder or of Master Landlord under the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; Master Lease or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify and hold Landlord and Master Landlord harmless from all any loss or liabilityliability resulting from such failure to surrender, including including, without limitation, any claims made by any succeeding tenant relating to arising out of such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawfailure.

Appears in 1 contract

Samples: Adesso Healthcare Technology Services Inc

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date greater of termination, and the monthly Basic Rent for the third (3rda) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlordsx xx Xandlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (California Micro Devices Corp)

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant retains possession of the Term, and Premises or any holding over by Tenant part thereof after the expiration shall not constitute a renewal or extension termination of this Lease, whether by lapse of time or give Tenant otherwise, or after a termination of Tenant’s right to possess the Premises, then Landlord may, at Landlord’s sole election at any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period time after the expiration (termination of this Lease or earlier termination) Tenant’s right of the Term without the prior possession, serve written consent of Landlord, such possession shall constitute a tenancy at sufferance only; notice on Tenant that such holding over with constitutes either: (a) the prior written consent creation of Landlord shall constitute a month-to-month tenancy commencing on upon each of the first terms 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 (1stincluding, without limitation, the Operating Expense Amount and Estimated Payments) day following coming due during such period, or (b) the creation of a tenancy at sufferance upon each of the terms herein provided as may be applicable to such tenancy at sufferance, except that Tenant sha ll 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 Operating Expense Amount and Estimated Payments). If no written notice is served by Landlord, then a tenancy at sufferance with Rent as stated in (b) above shall have been created. The provisions of this Section shall not operate as a waiver by Landlord of any right of re-entry herein provided. If Tenant remains in possession more than thirty (30) days after the termination of this Lease. In either , whether by lapse of time or otherwise, or after a termination of Tenant’s right to possess the Premises, at Landlord’s option expressed in a written notice to Tenant delivered no later than ten (10) days after such events30-day period and not otherwise, possession such holding over shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions Lease for a period of one (1) year commencing on the thirty- first (31st) day after the termination of this Section are in Lease or of Tenant’s right of possession at the Base Rent set forth below, plus all Additional Rent (including, without limitation, the Operating Expense Amount and Estimated Payments) coming due during such period. In addition to and do not affect Landlord's right in limitation of re-entry or all other remedies set out in this Section, Tenant shall be liable for all direct damages sustained by Landlord on account of Tenant’s holding over. Base Rent payable during any other rights of Landlord under this Lease or at law.holding over shall be as follows:

Appears in 1 contract

Samples: Midway Business Center (Home Products International Inc)

Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Articles XXII and XXIII hereof, occupancy of the Premises subsequent to such termination or expiration shall not constitute a renewal or extension be that 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a and in no event for month-to-month tenancy commencing on or year-to-year. Tenant shall, throughout the first (1st) day following the termination of this Lease. In either of such eventsentire holdover period, possession shall be subject to all of the terms and provisions of this Lease, except that the monthly Basic Rent Lease and shall pay for the initial its use and occupancy an amount (on a per month of holdover shall be one hundred twenty-five percent (125%basis without reduction for any partial months during any such holdover) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be equal to one hundred fifty percent (150%) of the Basic Rent sum of the Base Rental and Additional Base Rental due for the month period immediately preceding such holding over, Provided that in no event shall Base Rental and Additional Base Rental during the date of termination, and holdover period be less than the monthly Basic Rent fair market rental for the third Premises. Notwithstanding the foregoing, if such holding over continues for more than thirty (3rd30) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) days, effective as of the Basic Rent thirty first (31st) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the month period immediately preceding the date such holding over, No holding over by Tenant or payments of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If money by Tenant fails to surrender the Premises upon Landlord after the expiration of the term of this Lease despite demand shall be construed to do so extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by Landlordsummary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify Landlord against any and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding other tenant relating or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover other tenant or result in a renewal 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 lawprospective tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Information Management Associates Inc)

Holding Over. This Tenant shall have no right to hold over beyond the expiration or earlier termination of this Lease without the express written consent of the Landlord, which consent Tenant shall terminate without further notice upon obtain from Landlord no later than sixty (60) days prior to the expiration of the Term, and Lease. Should Tenant or any holding over by Tenant of its successors in interest continue to holdover the Premises after the expiration shall not constitute a renewal or extension termination of this Lease, whether such termination occurs by lapse of time or give Tenant any rights under this Leaseotherwise, except when in writing signed by both parties. If Tenant holds over for any period after with the expiration (or earlier termination) of the Term without the prior express written consent of Landlord, such possession Tenant shall constitute a tenancy at sufferance only; such holding over with be deemed to be occupying the prior written consent of Landlord shall constitute Premises under a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease. In either of such eventsperiodic tenancy, possession and Tenant shall be subject pay to all of the terms of this Lease, except that the Landlord monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be rental equal to one hundred fifty percent (150%) of the Basic monthly rental (including Base Rent for and all other rental amounts) as would be payable if the month immediately preceding the date of terminationLease had not been terminated or expired, and otherwise be subject to all the monthly Basic Rent for the third (3rd) covenants and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration provisions of this Lease despite demand insofar as the same are applicable to do so a month-to-month periodic tenancy. Landlord and Tenant agree that any such periodic tenancy may be terminated by thirty (30) days prior written notice by either party to the other party. Should Tenant or any of its successors in interest continue to hold over the Premises after the termination of this Lease, whether such termination occurs by lapse of time or otherwise, without the written consent of Landlord, Tenant shall be a Tenant at sufferance, subject to summary eviction as provided by law. In the event of any unauthorized holding over, Tenant shall indemnify the Landlord against all damages sustained by Landlord by reason of such holdover and hold Landlord harmless from all loss or liability, including without limitation, any claims made for damages by any succeeding other tenant relating to such failure to surrender. Acceptance by whom Landlord shall have leased all or any portion of rent after the leased Premises effective upon the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Crown Pointe Office Lease (Learning Tree International Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and Except for any holding over permitted occupancy by Tenant after the expiration shall not constitute a renewal under Article 29, if Tenant or extension of this Leaseany party claiming by, through 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon at the expiration or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of Base Rent due for the period immediately preceding the holdover. Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease despite demand shall be construed to do so 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 of Tenant’s holdover and Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant that Tenant’s holding over will result in Landlord’s inability to deliver possession, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityperform improvements, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal Time Sensitive Default hereunder; and notwithstanding any other provision of this Lease. The foregoing provisions of this Section are in addition Lease to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawthe contrary, TENANT SHALL BE LIABLE TO LANDLORD FOR, AND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, ALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.

Appears in 1 contract

Samples: Office Lease (Cardium Therapeutics, Inc.)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 Tenants remain on the first (1st) day premises following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationtheir termination of tenancy, they are ‘holding over’ and become liable for ‘rental damages’ equaling one/thirtieth of the amount of their then current monthly Basic Rent rent for every day they hold over. Possession – Owners shall endeavor to deliver possession to Tenants by the second (2nd) month commencement date of holdover this Agreement. Should Owners be unable to do so, they shall not be held liable for any damages Tenants suffer as a consequence, not shall this Agreement be considered void unless Owners are unable to deliver possession within ten days following the commencement date. Tenants’ responsibility to pay rent shall begin when they receive possession. Sale of the Dwelling – If Owners sell this dwelling or otherwise transfer its Ownership to another party, they shall have the right to terminate this Agreement by giving Tenants written notice of at least sixty days, notwithstanding any conflicting occupancy rights Tenants might have under a fixed-term agreement. Should Tenants have conflicting occupancy rights guaranteed them by law, however, those legal rights shall prevail. Illegal Provisions Not Affection Legal Provisions – Whatever item in this Agreement is found to be contrary to any local, state, or federal law shall be one hundred fifty percent (150%) of considered null and void, just as if it had never appeared in the Basic Rent for the month immediately preceding the date of terminationAgreement, and it shall not affect the monthly Basic Rent for validity of any other item in the third (3rd) and each successive month Agreement. Non-Waiver – Should either Owners or Tenants waive their rights to enforce any breach of holdover this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although, Owners may know when accepting rent that Tenants are violating one or more of this Agreement’s conditions, Owners in accepting the greater of: (I) one hundred fifty percent (150%) of rent are in no way waiving their rights to enforce the Basic Rent for breach. Neither Owners nor Tenants shall have waived their rights to enforce any breach unless they agree to a waiver in writing. References in Wording – Plural references made to the month immediately preceding the date of termination; parties involved in this Agreement may also be singular, and singular references may be plural. These references also apply to Owners’ and Tenants’ heirs, executors, administrators, or (ii) the then current Basic Rent for comparable space in the Building or Projectsuccessors, as the case may be. If Tenant fails Application Part of Agreement – The rental application Tenants submitted to surrender the Premises upon the expiration rent this dwelling forms a part of this Lease despite demand to do so by Landlord, Tenant Agreement. Falsified information on the application shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute be considered a consent to a holdover or result in a renewal breach 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 lawAgreement.

Appears in 1 contract

Samples: Rental Agreement

Holding Over. This Lease shall terminate without further notice upon If Tenant remains in possession of the Premises after expiration or termination of the Term, and any holding over by Tenant or after the expiration shall not constitute a renewal or extension of date in any notice given by Landlord to Tenant terminating 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing terminable on the first written thirty (1st30) day following the termination of this Leasenotice at any time, by either party. In either of such events, possession Tenant's occupancy shall be subject to all the 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 150% of the terms of this Lease, except that the monthly Basic Rent fair market gross rental for the initial month of holdover Premises as reasonably determined by Landlord (which in no event shall be one hundred twenty-five percent (125%) less than 150% of the Basic sum of the Base Rent and Additional Rent due for the month period immediately preceding the date holdover). No holdover by Tenant or payment by Tenant after the termination of termination, monthly Basic Rent for the second (2nd) month of holdover this Lease shall be one hundred fifty percent (150%) construed to extend the Term or prevent Landlord from immediate recovery of possession of the Basic Rent for Premises by summary proceedings or otherwise. Further, there shall be no reconciliation or refund of amounts paid by Tenant during any period of holdover. If Landlord provides Tenant with at least thirty (30) calendar days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the month immediately preceding the date of terminationPremises, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If if Tenant fails to surrender the Premises upon the later of (the “Consequential Damages Date”) (i) the date of expiration of such thirty (30) day period or (ii) the date of termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss loss, costs (including reasonable attorneys' fees) and liability resulting from such failure to surrender possession of the Premises to Landlord on or liabilitybefore the Consequential Damages Date, including without limitation, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by , and any lost profits to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawresulting therefrom.

Appears in 1 contract

Samples: Office Lease Agreement (ChromaDex Corp.)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) for the initial month first two months of any holdover shall be period, and thereafter one hundred twentyseventy-five percent (125175%) ), of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may beBuilding. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Industrial Lease (Meade Instruments Corp)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) the greater of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationtermination for the initial month of holdover, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty seventy-five percent (150175%) of the Basic Rent for the month immediately preceding the date of termination; termination for each month of holdover thereafter, or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (Endocare Inc)

Holding Over. This Lease shall terminate without further notice upon Tenant acknowledges that possession of the demised premises must be surrendered to Landlord at the expiration or sooner termination of the Termterm of this lease. Tenant agrees to indemnify and save Landlord harmless against all liabilities, costs, suits, demands, charges, and expenses of any holding over kind or nature, including attorneys' fees and disbursements, resulting from a delay by Tenant after in so surrendering the expiration shall not constitute a renewal or extension of this Leasedemised premises, or give Tenant any rights under this Leaseincluding, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Tenant to surrendertimely surrender possession of the demised premises as aforesaid will be extremely substantial, will exceed the amount of fixed rent and additional rent theretofore payable hereunder and will be impossible of accurate measurement. Acceptance by Tenant, therefore, agrees that if possession of the demised premises is not surrendered to Landlord of rent within twenty-four (24) hours after the date of the expiration or sooner termination of the term of this lease, then Tenant shall pay to Landlord, as liquidated damages, a sum equal to two (2) times the per diem fixed rent and additional rent which was payable during the calendar month preceding the calendar month in which the term ended for each day Tenant holds over and fails to deliver possession of the demised premises; if Tenant has entered into a lease for new space and the landlord of such space has failed to provide such space to Tenant. Nothing herein contained shall be deemed to permit Tenant to retain possession of the demised premises after the expiration or sooner termination of the term of this lease. Landlord, by availing itself of the rights and privileges granted by this provision and the acceptance of the liquidated damages, shall not constitute a consent be deemed to a holdover or result have waived any of its rights and privileges granted in a renewal of this Lease. The foregoing other provisions of this Section are lease, and the rights granted in this Article shall be considered in any event as in addition to and do not affect Landlord's right in exclusion of re-entry or any such other rights and privileges; provided that if Tenant has executed a lease for new space containing a commencement date no later than the day after the Expiration Date and failure of Tenant to vacate the demised premises is that the space covered by such new lease is unavailable for Tenant's occupancy on the projected commencement date of the new lease, then Landlord under hereby waives and agrees not to enforce any such additional rights (including, without limitation, the right to receive consequential or incidental damages) if Tenant uses its best efforts to enforce the obligation of Tenant's new landlord to make Tenant's new space available for Tenant's occupancy and Tenant in fact does vacate the demised premises within thirty (30) days after the space caused by such new lease becomes available for Tenant's occupancy. The aforesaid provisions of this Lease Article shall survive the expiration or at lawsooner termination of the term of this lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Thestreet Com)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Phage Biotechnology CORP)

Holding Over. This Tenant will, 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 expiration or terminating of this Lease and if the parties do not otherwise agree, the hold over tenancy shall be subject to terminating by Landlord at any time upon not less than five (5) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice. Further, all of the terms and provisions of this Lease shall terminate without further notice be applicable during the hold over period, except that Tenant shall pay Landlord form time to time upon demand, as Base Rent for the expiration period of any hold over, an amount equal to one and one-half times (1-1/2) the Base Rent in effect on the terminating date, computed on a daily basis for each day of the Termhold 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 terminating of the Lease, by lapse of time or otherwise, and Landlord has not agreed to such continued possession as above provided, then, until Landlord can dispossess Tenant under the terms hereof or otherwise, Tenant shall pay Landlord from time to time upon demand, as Base rent for the period of any such holdover, an amount equal to twice the Base Rent in effect on the termination date, computed on a daily basis for each day of the hold over period, plus all additional rental and other sums due hereunder. No holding over by Tenant after the expiration shall not constitute a renewal Tenant, whether with 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 (or earlier termination) of the Term without the prior written consent 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 operate to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of extend this Lease despite demand to do so except as otherwise expressly agreed by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseparties. The foregoing preceding provisions of this Section are in addition to and do Paragraph shall not affect be construed as Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconsent for Tenant to hold over.

Appears in 1 contract

Samples: Commercial Lease Agreement (Graham Field Health Products Inc)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (Telenetics Corp)

Holding Over. This Lease shall terminate without further notice upon If Virgin holds over after the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension Term of this Lease, and if the Authority does not then proceed to remove Virgin from the Facilities in the manner permitted by law (or give Tenant any rights under this Leasehas not given written notice to Virgin that Virgin must vacate the Facilities) irrespective of whether or not the Authority accepts Facilities Rent, except when in writing signed by both parties. If Tenant holds over Ground Rent and/or User Fees from Virgin for any a period beyond the end of the Term, Virgin and the Authority agree that Virgin’s occupancy of the Facilities after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute will be a month-to-month tenancy at sufferance commencing on the first (1st) day following after the termination expiration of this Lease. In either of such eventsthe Term, possession shall which tenancy will be subject to upon all of the terms of set forth in this Lease, except that the monthly Basic Facilities Rent for the initial month of holdover shall and Ground Rent will be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be in amounts equal to one hundred fifty percent (150%) of the Basic Facilities Rent for and Ground Rent in effect during the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) last year of the Basic Rent Term (i.e., the year immediately prior to the holdover period), prorated on a per diem basis for each Day that Virgin retains possession of the month immediately preceding Facilities or any part of the date Facilities after expiration or earlier termination of termination; or (ii) this Lease and User Fees will be at the then current Basic rates in effect during the holdover period. The Authority will not be required to perform any work, furnish any materials or make any repairs within the Facilities, or provide any Essential Services, during the holdover period. The acceptance of Facilities Rent. Ground Rent for comparable space in the Building or Project, as the case may be. If Tenant fails and/or User Fees paid by Virgin pursuant to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify Paragraph 3.5 will not preclude Landlord from commencing and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to prosecuting a holdover or result in summary eviction proceeding. The Authority will be entitled to recover from Virgin any losses or damages arising from such holdover; provided, however, that Virgin will not be liable for penalty payments, damage payments or any other amounts the Authority agrees to, and becomes obligated to pay to a renewal successor tenant(s) for the Virgin Facilities unless the Authority provides written notice to Virgin promptly upon the execution and delivery by the Authority and such third party of the new lease(s) and such notice includes the date on which the Authority is obligated to deliver possession of the Virgin Facilities to such third party(ies) and a description of the magnitude of penalties/damages the Authority will be obligated to pay if it fails to deliver possession to the new third party tenant(s) on that date. Holding over by Virgin following the expiration or earlier termination of the Lease, without the consent of the Authority, will not operate to extend or renew the Term 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 1 contract

Samples: Facilities Lease

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Holding Over. This Lease Tenant shall terminate without further notice upon the expiration pay Landlord for each day Tenant retains possession of the Term, and any holding over by Tenant Leased Premises or part of them 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 (or earlier termination) of the Term without the prior written consent 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 Lease by lapse of such events, possession time or otherwise at the rate (“Holdover Rate”) which shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent One Hundred Fifty Percent (150%) of the Basic amount of the Minimum Monthly Rent for the month immediately preceding last period prior to the date of terminationsuch termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance prorated on a daily basis, and the monthly Basic Rent for the third (3rd) and each successive month also pay all damages sustained by Landlord by reason of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may besuch retention. If Landlord gives notice to Tenant fails of Landlord’s election to surrender the Premises upon the expiration such effect, such holding over shall constitute renewal of this Lease despite demand for a period from month to do month at the Holdover Rate, but if the Landlord does not so by Landlordelect, Tenant no such renewal shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance result notwithstanding acceptance by Landlord of rent any sums due hereunder after such termination; and instead, a tenancy at sufferance at the termination Holdover Rate shall not constitute a consent be deemed to a holdover or result in a renewal of this Leasehave been created. The foregoing provisions In any event, no provision of this Section are in addition 33.2 shall be deemed to and do not affect waive Landlord's ’s right of re-entry reentry or any other rights of Landlord right under this Lease or at law. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, then Landlord shall have the right to perform any such obligations as it deems necessary at Tenant’s sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this section shall apply.

Appears in 1 contract

Samples: Office Lease (Terns Pharmaceuticals, Inc.)

Holding Over. This In the event of holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Section 23.A(3) hereof, occupancy of the Premises subsequent to such termination or expiration shall terminate be that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount (on a per month basis without further notice upon reduction for any partial months during any such holdover) equal to ONE AND ONE HALF the sum (or 150%) of (a) the greater of then current market rate, or (b) the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Lease Term shall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the Lease Term. In addition to the obligation to pay the amounts set forth above during any such holdover period, and Tenant shall also be liable to Landlord for all damages, including, without limitation, any consequential damages, which Landlord may suffer by reason of 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall also indemnify Landlord against any and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding other tenant relating or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover other tenant or result in a renewal 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 lawprospective tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Integrated Information Systems Inc)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination for the initial two (2) months of holdover and two hundred percent (200%) of the Basic Rent for the month immediately preceding the date of termination for each month of holdover thereafter, or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease (Altris Software Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and Except for any holding over permitted occupancy by Tenant after the expiration shall not constitute a renewal under Article 29, if Tenant or extension of this Leaseany party claiming by, through 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon at the expiration or earlier termination of this Lease, the continued occupancy of the Premises shall be that of a tenancy at sufferance. Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the greater of: (A) the sum of the Base Rent and Tenant’s Pro Rata Share of Operating Expenses due for the period immediately preceding the holdover; or (B) the fair market gross rental for the Premises. Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holdover by Tenant or payment by Tenant after the expiration or early 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. 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 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 perform improvements, such failure shall constitute a Time Sensitive Default hereunder; and notwithstanding any other provision of this Lease despite demand to do so by Landlordthe contrary, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityTENANT SHALL BE LIABLE TO LANDLORD FOR, including without limitationAND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawALL LOSSES AND DAMAGES, INCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, AND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM THE HOLDOVER.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

Holding Over. This Lease shall terminate without further notice upon Lessee agrees to surrender to Lessor, at the 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 (or earlier termination) end of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand Agreement and/or upon any cancellation of the Lease Agreement, said Leased Premises in as good condition as said Leased Premises was at the beginning of the Term of this Lease Agreement, ordinary wear and tear, and damage by fire or other casualty not caused by Lessee's negligence, excepted. Lessee agrees that if Lessee does not surrender said Leased Premises to do Lessor at the end of the Term of this Lease Agreement, then Lessee will pay to Lessor double the amount of the current rental for each month or portion thereof that Lessee holds over plus all damages the Lessor may Lessor suffer on account of Lessee's failure to so by Landlordsurrender to Lessor possession of said Leased Premises, Tenant shall and will indemnify and hold Landlord save Lessor harmless from and against all loss or liability, including without limitation, any claims made by any succeeding tenant relating Lessee of said Leased Premises against Lessor on account of delay of Lessor in delivering possession of said Leased Premises to said succeeding Lessee so far as such delay is occasioned by failure of Lessee to surrenderso surrender said Leased Premises in accordance herewith or otherwise. Acceptance No receipt of money by Landlord of rent Lessor from Lessee after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions Lease Agreement or the service of any notice of commencement of any suit or final judgment for possession shall reinstate, continue or extend the Term of this Section are Lease Agreement or affect any such notice, demand, suit or judgment. No agreement to accept a surrender of the Leased Premises shall be valid unless made in addition to writing and do not affect Landlord's right subscribed by a duly authorized officer or agent of re-entry or any other rights of Landlord under this Lease or at lawLessor.

Appears in 1 contract

Samples: Lease Agreement (Greenville First Bancshares Inc)

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the TermLease Term for up to 30 days, and any such holding over by Tenant after shall be a tenancy at will subject to all the expiration shall not constitute a renewal or extension terms and conditions of this Lease, or give Tenant any rights under this Lease, except when including payment of Rent and additional rent at the rates payable in writing signed by both partiesthe last month of the Term hereof (on a per diem basis). If Tenant holds over for more than thirty (30) days after the expiration of the Lease Term or holds over for any period after the expiration (earlier termination thereof, such tenancy shall be a tenancy-at-sufferance, and shall not constitute a renewal hereof or earlier termination) an extension for any further term, and in such case Rent shall be payable at a daily rate equal to 150% of the daily Rent (Base Rent and additional rent on account of Direct Expenses) applicable during the last rental period of the Lease Term under this Lease. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 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 Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. If Tenant holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the prior written consent expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such possession check or acceptance of such wire shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be considered inadvertent and not be construed as creating a month-to-month tenancy commencing on the first (1st) day following the termination tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. The provisions of this Lease. In either Article 16 shall not be deemed to limit or constitute a waiver of such eventsany other rights or remedies of Landlord provided herein, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; at law or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beequity. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all loss or liabilityClaims resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrendersurrender and any lost profits to Landlord resulting therefrom. Acceptance by Landlord Tenant agrees that any proceedings necessary to recover possession of rent the Premises, whether before or after expiration of the termination Lease Term, shall not constitute a consent be considered an action to a holdover or result in a renewal enforce the terms of this Lease. The foregoing provisions Lease for purposes of this Section are the awarding of any attorney’s fees in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconnection therewith.

Appears in 1 contract

Samples: Cogent Biosciences, Inc.

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other . In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or termination for the initial three (ii3) months of holdover, and two hundred percent (200%) of the then current Basic Rent for comparable space in the Building month immediately preceding the date of termination for each month of holdover thereafter, or Project, as (b) the case may befair market rental for the Premises. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. surrender Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Mirion Technologies, Inc.)

Holding Over. This Lease shall terminate without further notice upon the 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 Expiration Date (or earlier termination) termination of the Term Term) without the prior written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance onlyonly and a Default by Tenant; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) 1st day following the termination of this LeaseLease and terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that that, subject to the right of either party to terminate any month-to-month tenancy on 30 days written notice, the monthly Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125%) 150% of the Basic Rent total monthly rental for the month immediately preceding the date of termination, monthly Basic Rent termination for the second (2nd) month initial 3 months of holdover hold-over, and shall be one hundred fifty percent (150%) 200% of the Basic Rent total monthly rental for the month immediately preceding the date of termination, and the monthly Basic Rent termination for the third (3rd) and each successive month of holdover hold-over thereafter. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall be not constitute a waiver of Landlord's right to recover the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space full amount due unless otherwise agreed in the Building or Project, as the case may bewriting by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Lantronix Inc)

Holding Over. This Lease shall terminate Should Tenant, without further notice upon the expiration of the TermLandlord's written consent, and any holding hold over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Leaseshall become a tenant from month-to-month, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) only upon each and all of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute terms herein provided as may be applicable to a month-to-month tenancy commencing on the first (1st) day following the termination and any such holding over shall not constitute an extension of this Lease. In either of During such eventsholding over, possession Tenant shall be subject to all of the terms of this Leasepay in advance, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationmonthly, monthly Basic Rent for the second (2nd) month of holdover shall be rent at one hundred fifty percent (150%) of the Basic Rent rate in effect for the last month immediately preceding of the date Term of terminationthis Lease, in addition to, and the monthly not in lieu of, all other payments (other than Basic Rent for the third (3rdRental) and each successive month required to be made by Tenant hereunder including but not limited to Tenant's Proportionate Share of holdover any increase in Direct Costs. Nothing contained in this Article 5 shall be the greater of: (I) one hundred fifty percent (150%) construed as consent by Landlord to any holding over of the Basic Rent for Premises by Tenant, and Landlord expressly reserves the month immediately preceding right to require Tenant to surrender possession of the date Premises to Landlord as provided in this Lease upon the expiration or earlier termination of termination; or (ii) the then current Basic Rent for comparable space in the Building or ProjectTerm. If, as the case may be. If without Landlord's prior written consent, Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to indemnify, defend and hold Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating and real estate brokers claims and attorney's fees. PERSONAL PROPERTY TAXES Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenants trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord its share of such failure taxes within thirty (30) days after delivery to surrender. Acceptance Tenant by Landlord of rent after a statement in writing setting forth the termination amount of such taxes applicable to Tenant's property or above-standard improvements. Tenant shall not constitute a consent assume and pay to a holdover Landlord at the time of paying Basic Rental any excise, sales, use, rent, occupancy, garage, parking, gross receipts or result in a renewal other taxes (other than net income taxes) which may be imposed on or on account of this Lease. The foregoing provisions letting of this Section are in addition to and do not affect Landlord's right the Premises or the payment of re-entry Basic Rental or any other rights of sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Lease or at lawArticle 6 shall not be included in the computation of "Tax Costs."

Appears in 1 contract

Samples: Office Lease (Inetvisionz Com Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant remains in possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this LeaseLease with Landlord's express consent, or give Tenant's occupancy shall be a month to month tenancy at a rent agreed upon by Landlord and Tenant any rights but, in no event less than the aggregate of the Monthly Basic Rent, Parking Lot Rent, Storage Rent and Tenant's Percentage Share of the Operating Costs payable under this Lease, Lease during the last full month before the date of expiration or earlier termination. The month to month tenancy shall be on the terms and conditions of this Lease except when as provided in writing signed by both partiesthe preceding sentence and the Lease clauses concerning extension rights. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term hereof without the prior express written consent of Landlord, such possession Tenant shall constitute become a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute , at 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 rental rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Monthly Basic Rent, Storage Rent for and Parking Lot Rent which would be applicable to the month immediately preceding Premises upon the date of terminationsuch expiration (subject to adjustment as provided herein and prorated on a daily basis) for the first (60) days of such holdover, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one two hundred fifty percent (150200%) of such aggregate amount thereafter during the Basic Rent for pendency of such holdover, and otherwise subject to the month immediately preceding terms, covenants and conditions herein specified, so far as applicable including, without limitation, the date obligation to pay increased Operating Expenses as provided in Paragraph 5. Acceptance by Landlord of termination; rent after such expiration or (ii) the then current Basic Rent for comparable space earlier termination shall not constitute a consent to a holdover hereunder or result in the Building a renewal. The foregoing provisions of this Paragraph 10 are in addition to and do not affect Landlord's right of re-entry or Project, any rights of Landlord hereunder or as the case may beotherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liabilityliability arising out of such failure, including without limitation, any claims claim made by any succeeding tenant relating to founded on or resulting from such failure to surrender. Acceptance No provision of this Paragraph 10 shall be construed as implied consent by Landlord to any holding over by Tenant. Landlord expressly reserves the right to require Tenant to surrender possession of rent after the Premises to Landlord as provided in this Lease upon expiration or other termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition Paragraph 10 shall not be considered to and do not affect Landlord's right limit or constitute a waiver of re-entry or any other rights or remedies of Landlord under provided in this Lease or at law.

Appears in 1 contract

Samples: Organic Inc

Holding Over. This Lease shall terminate without further notice upon Should Tenant or any of its successors in interest ------------ continue to hold the expiration of the Term, and any holding over by Tenant Prime Premises after the expiration shall not constitute a renewal or extension termination of this Lease, whether such termination occurs by lapse of time or give Tenant otherwise, with Landlord's acquiescence, and without any rights under this Lease, except when in writing signed by both distinct agreement between the parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession holding over shall constitute and be construed as a tenancy at sufferance onlyat a monthly rental equal to one and one-fourth (1 1/4) times time monthly rental (including Base Monthly Rental and any adjusted and Additional Rent) provided herein at the time of such termination, if Landlord elects to accept such rent. During such time as Tenant shall continue to hold the Prime Premises after the termination hereof, Tenant shall be regarded as a tenant at sufferance and not a tenant at will; such holding over with subject, however, to all the prior written consent of Landlord shall constitute a month-to-month tenancy commencing terms, provisions, covenants and agreements on the first (1st) day following part of Tenant hereunder. No payments of money by Tenant to Landlord after the termination of this Lease. In either of such eventsLease shall reinstate, possession shall be subject to all of continue, renew or extend the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, Term and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration no extension of this Lease despite demand after the termination hereof shall be valid unless and until the same shall be reduced to do so writing and signed by Landlord, both Landlord and Tenant. Tenant shall indemnify be liable to Landlord for all damage which Landlord shall suffer by reason of Tenant's holding over and Tenant shall indemnify, defend and hold Landlord harmless from against all loss or liability, including without limitation, any claims made by any succeeding other tenant relating or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Prime Premises to such failure other tenant or prospective tenant. If Landlord accepts rent pursuant to surrender. Acceptance by this paragraph, Landlord of rent after shall always have the termination shall not constitute a consent right to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlordterminate Tenant's right of re-entry or any other rights of Landlord possession under this Lease or at lawparagraph upon thirty (30) days prior written notice to Tenant.

Appears in 1 contract

Samples: Place Atlanta Lease Agreement (Ixl Enterprises Inc)

Holding Over. This Lease shall terminate Should Tenant, without further notice upon the expiration of the TermLandlord’s written consent, and any holding hold over by Tenant after the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Leaseshall, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of at Landlord’s option, such possession shall constitute become either a tenancy tenant at sufferance only; such holding over with the prior written consent of Landlord shall constitute or a month-to-month tenant upon each and all of the terms herein provided as may be applicable to such a tenancy commencing on the first (1st) day following the termination and any such holding over shall not constitute an extension of this Lease. In either Tenant may elect to delay the Expiration Date of such events, possession shall be subject this Lease by up to all three (3) months (the “Holdover Period”) by delivering written notice of its election to extend the Expiration Date no later than twelve (12) months prior to the then existing Expiration Date of the terms Term of this the Lease. During such Holdover Period, except that the monthly Tenant shall pay in advance, monthly, Basic Rent for the initial month of holdover shall be Rental at a rate equal to one hundred twenty-five percent (125%) of the Basic Rent rate in effect for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) last month of holdover the Term of this Lease, in addition to, and not in lieu of, all other payments required to be made by Tenant hereunder including but not limited to Tenant’s Proportionate Share of any increase in Direct Costs. Nothing contained in this Article 5 shall be one hundred fifty percent (150%) construed as consent by Landlord to any holding over of the Basic Rent for the month immediately preceding the date of terminationPremises by Tenant, and Landlord expressly reserves the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) right to require Tenant to surrender possession of the Basic Rent for Premises to Landlord as provided in this Lease upon the month immediately preceding expiration or earlier termination of the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beTerm. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease despite demand to do so by LandlordLease, Tenant shall indemnify agrees to indemnify, defend and hold Landlord harmless from all loss costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawreal estate brokers claims and attorney’s fees and costs.

Appears in 1 contract

Samples: Standard Office Lease (Prospect Acquisition Corp)

Holding Over. This Lease shall terminate expire absolutely and without further notice upon on the Expiration Date or at the end of any Renewal Term as provided in Paragraph 3d., provided that if Tenant retains possession of the Premises or any part thereof after the termination of this Lease by expiration of the TermTerm or any Renewal Term or otherwise, 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 (or earlier termination) of the Term without the prior written consent 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 shall be deemed to exist on the first same terms and conditions, including Base Rent, as were in effect for the Term or Renewal Term just ended. If such holding over continues for more than one (1st1) day following the full calendar month after Landlord delivers written notice to Tenant of termination of such month-to-month tenancy, Tenant shall pay Landlord, as partial compensation for such unlawful retention, for each such additional month Tenant remains in the Premises, double the amount of Base Rent otherwise due during the last full month of the most recent term and shall continue to pay Additional Rent as otherwise specified in this Lease. Such payments for unlawful retention shall not limit any rights or remedies of Landlord resulting by reason of the wrongful holding over by Tenant or create any right in Tenant to continue in possession of the Premises. In the event the Term commences on a day other than the first day of a calendar month, Tenant shall pay to landlord, on or before the Commencement Date of the Term, a pro rata portion of the monthly installment of Base Rent, such pro rata portion to be based on the number of days remaining in such partial month after the Commencement Date of the Term. Tenant hereby covenants and agrees to pay the annual Base Rent, Additional Rent and other sums payable to Landlord hereunder when due, without deduction or set-off or prior demand therefor, except as otherwise expressly provided for in this Lease. In either of such events, possession shall be subject order to all of the terms of this Lease, except that the monthly Basic Rent compensate Landlord for the initial month additional expense Landlord may incur in the event Tenant is delinquent in the payment of holdover shall be one hundred twenty-rent or other sums due hereunder, Tenant agrees to pay Landlord a late charge equal to five percent (1255%) percent of the Basic any installment of Base Rent, Additional Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second or any other payment due hereunder not paid within ten (2nd10) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; days after such installment or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bepayment is due. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by LandlordIn addition, Tenant shall indemnify and hold pay Landlord harmless from all loss or liability, including without limitation, a service charge equal to five (5%) percent of the amount of any claims made check given by any succeeding tenant relating Tenant to such failure Landlord which Tenant's bank refuses to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawhonor upon initial presentation.

Appears in 1 contract

Samples: Agreement of Lease (Red Bell Brewing Co)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination for the initial month of holdover, and two hundred percent (200%) of the Basic Rent for the month immediately preceding the date of termination for each month of holdover thereafter, or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord and Ground Lessor harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Hireright Inc

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 Tenants remain on the first (1st) day premises following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of terminationtheir termination of tenancy, they are “holding over” and become liable for “rental damages” equaling one/thirtieth of the amount of their then current monthly Basic Rent rent. POSSESSION - Owners shall endeavor to deliver possession to Tenants by the commencement date of this Agreement. Should Owners be unable to do so, they shall not be held liable for any damages Tenants suffer as a consequence, nor shall this Agreement be considered void unless Owners are unable to deliver possession within ten (10) days following the second commencement date. Tenants’ responsibility to pay rent shall begin when they receive possession. SALE OF THE DWELLING - If Owners sell this dwelling or otherwise transfer its Ownership to another party they shall have the right to terminate this Agreement by giving Tenants written notice of at least sixty (2nd60) month of holdover days, notwithstanding any conflicting occupancy rights Tenants might have under a fixed-term agreement. Should Tenants have conflicting occupancy rights guaranteed them by law, however, those legal rights shall prevail. ILLEGAL PROVISIONS NOT AFFECTING LEGAL PROVISIONS - Whatever item in this Agreement is found to be contrary to any local, state, or federal law shall be considered null and void, just as if it had never appeared in the Agreement, at it shall not affect the validity of any other item in the Agreement. NON WAIVER - Should either Owners or Tenants waive their rights to enforce any breach of this Agreement, that is not a waiver of any later breach. Although, Owners may know when accepting rent that Tenants are violating one hundred fifty percent (150%) or more of this Agreement’s conditions, Owners in accepting the rent are in no way waiving their rights to enforce the breach. Neither Owners nor Tenants shall have waived their rights to enforce any breach unless they agree to a waiver in writing. REFERENCES IN WORDING - Plural references made to the parties involved in this Agreement may also be singular, and singular reference may be plural. These references also apply to Owners’ and Tenants’ heirs, executors, administrators, or successors. ENTIRE AGREEMENT - As written, this Agreement constitutes the entire agreement between the Tenants and Owners. They have made no further promises of any kind to one another, nor have they reached any other understandings, either verbal or written. CONSEQUENCES - Violation of any part of this Agreement or nonpayment of rent when due shall be cause for eviction under appropriate sections of the Basic Rent applicable code. ATTORNEY’S FEES - If either party to this Agreement shall bring a cause of action against the other party for enforcement of the month immediately preceding Agreement, the date of terminationprevailing party shall recover reasonable attorney’s fees involved. ACKNOWLEDGMENT - Tenants hereby acknowledge that they have read this Agreement, understand it, agree to it, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute have been given a consent to a holdover or result in a renewal 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 lawcopy.

Appears in 1 contract

Samples: Rental Agreement

Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension termination 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 (or earlier termination) of the Term Lease without the prior written consent of Landlord, Tenant shall pay as liquidated damages one and one-half times the monthly amount of Base Rental and Forecast Additional Rental which was payable by Tenant immediately prior to such expiration or termination. Landlord and Tenant agree that because of the difficulty or impossibility of determining Landlord's actual damages as a result of Tenant's holding over in the Leased Premises, the difficulties of proof of loss, and the inconvenience or nonfeasibility of Landlord otherwise having a remedy for such breach, the liquidated damages calculated according to the foregoing formula is a reasonable amount to be paid for such breach. No holding over by Tenant after the term of this Lease shall be construed to extend this Lease. If Landlord shall have given Tenant not less than sixty (60) days prior written notice of the date that Tenant must surrender possession of all or any portion of the Leased Premises due to a reletting thereof, and Tenant shall constitute a tenancy at sufferance only; holdover in such space after the date specified in such notice, then in addition to the liquidated damages stipulated above, Tenant shall also indemnify Landlord against all actual and consequential damages, losses and liabilities (including reasonable attorneys' fees and costs of suit) arising out of or relating to any such unauthorized holdover, resulting from claims for damages by the other tenant to whom Landlord has leased such space. Any holding over with the prior written consent of Landlord in writing shall thereafter 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand a lease from month to do so by Landlord, Tenant month and shall indemnify create a tenancy at sufferance relationship between Landlord and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawTenant.

Appears in 1 contract

Samples: Lease Agreement (Howell Corp /De/)

Holding Over. This Lease If Tenant fails to vacate the Leased Premises on the Termination Date, Landlord shall terminate be entitled to re-enter without further process and without notice upon (any notice to quit or of re-entry being hereby expressly waived) using such force as may be necessary and, alternatively, shall have the expiration benefit of all provisions of law respecting the speedy recovery of possession of the Term, Leased Premises (whether by summary proceedings or otherwise) to the same extent as if statutory notice had been given. In addition to 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 (or earlier termination) limitation of the Term foregoing, if Tenant fails to surrender the Leased Premises to Landlord on the Termination Date, occupancy subsequent to the Termination Date without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord ("Holdover Occupancy"), shall constitute be deemed to be that of a month-to-month tenancy commencing on the first (1st) day following the termination of this Leaseat will. In either of such events, possession Holdover Occupancy shall be subject to all of the terms terms, covenants, and conditions of this Leasethe Lease (including those calling for the payment of Additional Rent), except that the monthly Basic Minimum Rent for the initial month of holdover each day that Tenant holds over ("Holdover Minimum Rent") shall be one in an amount equal to two (2) times the Minimum Rent payable in the last Lease Year divided by three hundred twentysixty-five percent (125%365). Additionally, in the event of such Holdover Occupancy, Landlord shall also be entitled to recover all damages, direct or indirect, including lost business opportunity regarding any prospective tenant(s) for the Leased Premises where Landlord has a fully executed lease agreement replacement tenant, suffered by Landlord as a result of Tenant's failure to vacate the Leased Premises on the Termination Date. Notwithstanding anything to the contrary in the foregoing, the Holdover Minimum Rent shall not be applicable (i) in the event Tenant is holding over with Landlord's written consent, in which event the tenancy shall be a month-to- month tenancy subject to all of the Basic Rent for the month immediately preceding the date of terminationterms, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) conditions and covenants of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of terminationLease; or (ii) during the then current Basic Rent for comparable space sixty (60) days following the Termination Date if Landlord and Tenant are negotiating an extension of the Lease in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to good faith during such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawsixty (60) day period.

Appears in 1 contract

Samples: Lease Agreement (HCNB Bancorp Inc)

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the 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 (Lease Term or earlier termination) of termination thereof, with the Term without the prior express written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express written consent of Landlord, such tenancy commencing on the first (1st) day following the termination of this Leaseshall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either of such eventscase, possession Base Rent shall be subject payable at a monthly rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (Ix) one hundred fifty percent (150%) of the Basic Base Rent applicable during the last rental period of the Lease Term for the month immediately preceding the date first 60 days of termination; or such hold over, and (iiy) the then current Basic higher of fair market rent and such one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term for comparable space in the Building each day thereafter. Such month-to-month tenancy or Projecttenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein, including without limitation the obligation to pay Additional Rent. Nothing contained in this Article 16 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 Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 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 despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and/or any lost profits and consequential or indirect damages to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawresulting therefrom.

Appears in 1 contract

Samples: Sova Science District (Conatus Pharmaceuticals Inc.)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant 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 However, should Landlord accept the payment of such eventsmonthly hold-over rent by Tenant, possession then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover rental shall be one hundred fifty percent (150%) of the Basic Rent total monthly rental for the month immediately preceding the date of termination, and the monthly Basic Rent for the third subject to Landlord's right to modify same upon thirty (3rd30) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may bedays notice to Tenant. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender, provided that Tenant was notified of the existence of such succeeding tenant. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Acacia Research Corp

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Should Tenant hold over by Tenant in possession after the expiration shall not constitute a renewal or extension of this LeaseExpiration Date, 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to extend the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Term or renew this Lease. In either of such events, possession shall be subject Tenant agrees to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold save Landlord harmless from and against all loss or liabilityclaims, including losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Tenant to timely surrender possession of the Premises will be extremely substantial, will exceed the amount of the Rent and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord on the Expiration Date, in addition to any other rights and remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrendersurrender the Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Premises for each month during which Tenant holds over after the Expiration Date, a sum equal to one hundred seventy-five percent (175%) of the aggregate of that portion of the Rent which was payable under this Lease during the last month of the Term. Acceptance Nothing herein shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Premises through summary proceeding or otherwise, and no acceptance by Landlord of rent payments from Tenant after the termination Expiration Date shall not constitute a consent be deemed to a holdover or result be other than on account of the amount to be paid by Tenant in a renewal of this Lease. The foregoing accordance with the provisions of this Section are in addition to and do not affect Landlord's right Article. The provisions of re-entry or any other rights of Landlord under this Lease or at lawArticle shall survive the Expiration Date.

Appears in 1 contract

Samples: Agreement of Lease (AxoGen, Inc.)

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant retains possession of the TermPremises after the end of the Term or termination of Tenant’s right to possession of the Premises (it being agreed that Tenant’s failure to timely remove all Tenant’s Property and all the Required Removables from the Premises shall also be considered a retention of the Premises by Tenant), then such retention of possession shall be considered a tenancy “at will” or “sufferance” (and not a month-to-month tenancy), and any Tenant shall pay Rent for such holding over in an amount equal to 150% of the monthly Rent in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Tenant remains in possession. In addition to the payment of the amounts provided above, if Landlord is unable to timely deliver possession of the Premises to a new tenant as a result of Tenant’s holdover then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages that Landlord suffers from the holdover. In addition, at any time while Tenant remains in possession, Landlord may elect instead, by written notice to Tenant after the expiration shall and not otherwise, to have such retention of possession 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 Lease for any period after the expiration (or earlier termination) of the Term without the prior written consent 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 at the first (1st) day following the termination of this Lease. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent fair market rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, Premises as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so reasonably determined by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating but in no event less than the Rent payable immediately prior to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseholding over. The foregoing provisions of this Section are in addition to and do not affect waive Landlord's ’s right of re-entry or right to regain possession by actions at Law or in equity or any other rights hereunder, and any receipt of payment by Landlord under this Lease shall not be deemed a consent by Landlord to Tenant’s remaining in possession or at lawbe construed as creating or renewing any lease or right of tenancy between Landlord and Tenant.

Appears in 1 contract

Samples: Industrial Lease Agreement (Ufp Technologies Inc)

Holding Over. This Lease shall terminate without further notice upon If Subtenant (directly or through any transferee or other successor-in-interest of Subtenant) remains in possession of all or any part of the Subleased Premises after the expiration of the TermSublease Term or earlier termination of this Sublease, such holding over, in the absence of an express written agreement to the contrary, shall be on the basis of a tenancy at the sufferance of Sublandlord. In such event, Subtenant shall continue to comply with all of the terms, conditions and covenants of this Sublease as though the Sublease Term had continued, except that such tenancy at sufferance shall be terminable by Sublandlord at any holding time and rent shall be paid for each month (or portion thereof) during which Subtenant holds over by Tenant in the Subleased Premises after the expiration shall not constitute a renewal or extension earlier termination of this Sublease, in an amount equal to 150% of the highest monthly Sublease Base Rent due under this Sublease for any month during the Sublease Term. If Subtenant fails to surrender the Subleased Premises on the expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify and hold Sublandlord harmless from all loss or liability resulting from such failure, including without limitation (i) any claims of Master Landlord against Sublandlord for failure to surrender the Premises at the time and in the manner required under the Master Lease (including, without limitation, holdover rent payable under the Master Lease) or for violating any term of the Master Lease, and (ii) any claims made by any succeeding subtenant, tenant or give Tenant any other party based upon such failure. This indemnification obligation shall survive the expiration or earlier termination of this Sublease. The provisions of this paragraph are in addition to and do not limit Sublandlord’s rights or Subtenant’s obligations under this Lease, except when in writing signed by both partiesSublease. If Tenant Subtenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding holds over with Sublandlord’s and Master Landlord’s express written consent, then, in the prior absence of an express written consent of Landlord agreement to the contrary, Subtenant shall constitute be a month-to-month tenancy commencing on tenant and Subtenant shall pay, in addition to the first (1st) day following the termination of other rent payable under this Lease. In either of such eventsSublease, possession shall be subject Base Rent equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Base Rent for payable during the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) last month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawSublease Term.

Appears in 1 contract

Samples: Office Lease (Model N, Inc.)

Holding Over. This Tenant will, at the termination of this Lease shall terminate without further notice upon the expiration by lapse of the Termtime or otherwise, and any holding over by surrender immediate possession to Landlord. If Landlord agrees in writing that Tenant may holdover after the expiration or termination of this Lease and if the parties do not otherwise agree in writing, the hold over tenancy shall be subject to termination by Landlord at any time upon not constitute less than thirty (30) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice. Further, all of the terms and provision of this Lease shall be applicable during the holdover period, except that Tenant shall pay Landlord from time to time upon demand, as rent for the period of any holdover, an amount equal to one and one-half (1-1/2) times the sum of the Base Rent and any additional rent, as provided for herein, in effect on the Termination Date, computed on a renewal or extension daily basis for each day of the holdover 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, by lapse of time or give otherwise, and Landlord has not agreed to such continued possession as above provided, then, until Landlord can dispossess Tenant under the terms hereof or otherwise, Tenant shall pay such Landlord from time to time upon demand, as rent for the period of any rights under this Leasesuch holdover, except when in writing signed by both parties. If Tenant holds over for any period after an amount equal to twice the expiration (or earlier termination) sum of the Term Base Rent and additional rent, as provided for herein, in effect on the Termination Date, computed on a daily basis for each day of the holdover period, plus all additional rental and other sums due hereunder. No holding over by Tenant, whether with or without the prior written consent 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 operate to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of extend this Lease despite demand to do so except as otherwise expressly agreed by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Leaseparties. The foregoing preceding provisions of this Section are in addition to and do Article shall not affect be construed as Landlord's right of re-entry or any other rights of Landlord under this Lease or at lawconsent for Tenant to holdover.

Appears in 1 contract

Samples: Office (Bell Microproducts Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, as may be extended for the Extension of the Terms et firth in Article I, Section 18, 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. Any period of time following the Expiration Date or early termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one two hundred twenty-five percent (125200%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold bold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Lease Agreement (ThermoGenesis Holdings, Inc.)

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the 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 (Lease Term or earlier termination) of termination thereof, with the Term without the prior express written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a be from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the expiration of the Lease Term of earlier termination thereof, without the express written consent of Landlord, such tenancy commencing on the first (1st) day following the termination of this Leaseshall be deemed to be a tenancy by sufferance only, and shall not constitute a renewal hereof or an extension for any further term. In either of such eventscase, possession Base Rent shall be subject payable at a monthly rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be (x) one hundred twenty-five percent (125%) of the Basic Base Rent applicable during the last rental period of the Lease Term for the month immediately preceding first 30 days of such hold over, and (y) the date higher of termination, monthly Basic Rent for the second (2nd) month of holdover shall be fair market rent or one hundred fifty percent (150%) of the Basic Base Rent for applicable during the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) last rental period of the Basic Rent Lease Term for the each day thereafter. Such month-to-month immediately preceding the date of termination; tenancy or (ii) the then current Basic Rent for comparable space in the Building or Projecttenancy by sufferance, as the case may be, shall be subject to every other applicable term, covenant and agreement contained herein, including without limitation the obligation to pay Additional Rent. Nothing contained in this Article 16 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 Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Article 16 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 wrongfully fails to surrender the Premises upon the termination or expiration of this Lease despite demand Lease, in addition to do so by Landlordany other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender. Acceptance by surrender and/or any lost profits and consequential or indirect damages to Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 lawresulting therefrom.

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Holding Over. This Lease shall terminate without further notice upon the 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 (or earlier termination) of the Term without the prior written consent 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 all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; termination for the initial two (2) months of holdover, and two hundred percent (200%) of the Basic Rent for the in the immediately preceding the date of termination for each month of holdover thereafter, or (iib) the then current currently scheduled Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Industrial Lease (Discovery Partners International Inc)

Holding Over. This Lease shall terminate without further notice upon the 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 Expiration Date (or earlier termination) termination of the Term Term) without the prior written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance onlyonly and a Default by Tenant; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) 1st day following the termination of this LeaseLease and terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125%) 100% of the Basic Rent total monthly rental for the month immediately preceding the date of termination, monthly Basic Rent termination for the second (2nd) month initial 3 months of holdover shall be one hundred fifty percent (holdover, and 150%) % of the Basic Rent total monthly rental for the month immediately preceding the date of termination, and the monthly Basic Rent termination for the third (3rd) and each successive month of holdover thereafter, subject to the right of either party to terminate any such month-to-month holdover tenancy by giving 30 days prior written notice to the other party. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall be not constitute a waiver of Landlord's right to recover the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space full amount due unless otherwise agreed in the Building or Project, as the case may bewriting by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss direct damages or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Silicon Graphics International Corp)

Holding Over. This Lease shall terminate without further notice upon the 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 Expiration Date (or earlier termination) termination of the Term Term) without the prior written consent of Landlord, such possession tenancy shall constitute a tenancy at sufferance onlyonly and a Default by Tenant; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) 1st day following the termination of this LeaseLease and terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125%) 150% of the Basic Rent total monthly rental for the month immediately preceding the date of termination, subject to Landlord’s right to modify same upon 30 days notice to Tenant. The acceptance by Landlord of monthly Basic Rent for hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space full amount due unless otherwise agreed in the Building or Project, as the case may bewriting by Landlord. If Tenant fails to surrender vacate the Premises upon within 15 days after Landlord notifies Tenant that Landlord has entered into a lease for the expiration Premises or has received a bona fide offer to lease the Premises and that Landlord will be unable to deliver possession or perform improvements due to Tenant’s holdover, and if Landlord is unable to deliver possession of this Lease despite demand the Premises to do so by Landlorda new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, then Tenant shall be liable for all damages that Landlord suffers from the holdover. Tenant shall also indemnify and hold Landlord harmless from all loss or liability, . including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Axonics Modulation Technologies, Inc.)

Holding Over. This Lease shall terminate without further notice upon the expiration If Tenant, with Landlord’s consent, remains in possession of the Term, and any holding over by Tenant Premises 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 (or earlier termination) of the Term without the prior written consent of LandlordExpiration Date, such possession by Tenant shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute be deemed to be a month-to-month tenancy commencing terminable on 30-days’ written notice given at any time by Landlord or Tenant. During any such month-to-month tenancy, or any other holdover tenancy which is without Landlord’s consent, Tenant shall pay, as Basic Monthly Rent, 125% of the first (1st) day following Basic Monthly Rent in effect immediately prior to the termination Expiration Date; which rental amount Tenant acknowledges is fair and reasonable under all of the facts and circumstances existing as of the date of this Lease. In either of such events, possession shall be subject to all of the terms All provisions of this Lease, Lease except that the monthly Basic Rent for the initial month of holdover those pertaining to Term shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beapply to any such tenancy. If Tenant fails to surrender holds over after the Premises upon Expiration Date without the expiration express written consent of this Lease despite demand to do so by Landlord, Tenant shall indemnify become a tenant at sufferance only, at a rental rate equal to 150% of the Basic Monthly Rent and hold Landlord harmless from all loss or liabilityAdditional Rent in effect immediately prior to expiration of the Term (prorated on a daily basis), including without limitationand otherwise subject to the terms, any claims made by any succeeding tenant relating to such failure to surrenderprovisions, and conditions herein specified, so far as applicable. Acceptance by Landlord of rent after the such expiration or earlier termination shall not constitute a consent to a holdover tenancy hereunder or result in a renewal of this Leaserenewal. The foregoing provisions of this Section Paragraph 23.2 are in addition to to, and do not affect affect, Landlord's ’s right of re-entry or any other rights of Landlord under hereunder or as otherwise provided by law. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon expiration or other termination of this Lease. The provisions of this Paragraph 23.2 shall not be considered to limit or constitute a waiver of any other rights or remedies of Landlord provided in this Lease or at law. In addition to the foregoing, if Tenant fails to surrender the Premises to Landlord on the Expiration Date in the condition required by Paragraph 23.1, above, Tenant shall indemnify, defend, and hold harmless Landlord from and against all actions, demands, liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims resulting from such failure, including, without limitation, any claim for damages made by a succeeding tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Smartsheet Inc)

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding Section 21.1 Should Tenant hold over by Tenant in possession after the expiration shall not constitute a renewal or extension of this LeaseExpiration Date, 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with shall not be deemed to extend the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of Lease Term or any Renewal Term or renew this Lease. In either of such events, possession shall be subject Tenant agrees to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold save Landlord harmless from and against all loss or liabilityclaims, including losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements) resulting from delay by Tenant in surrendering the Demised Premises, including, without limitation, any claims made by any succeeding tenant relating founded on such delay. The parties recognize and agree that the damage to such Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Demised Premises is not surrendered to Landlord on the Expiration Date, in addition to any other rights and remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord's right to demonstrate and collect any damages suffered by Landlord and arising from Tenant's failure to surrendersurrender the Demised Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Demised Premises for each month and for each portion of any month during which Tenant holds over after the Expiration Date, a sum equal to 150% of the Fixed Rent which was payable under this Lease during the last month of the Lease Term or any Renewal Term for the initial thirty (30) day holdover period. Acceptance Thereafter, such sum shall be calculated at the rate of 175% for any periods after thirty (30) days following the Expiration Date. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the Expiration Date or to limit in any manner Landlord's right to regain possession of the Demised Premises through summary proceeding or otherwise, and no acceptance by Landlord of rent payments from Tenant after the termination Expiration Date shall not constitute a consent be deemed to a holdover or result be other than on account of the amount to be paid by Tenant in a renewal of this Lease. The foregoing accordance with the provisions of this Section are in addition to and do not affect Landlord's right 21.1. The provisions of re-entry or any other rights of Landlord under this Lease or at lawSection 21.1 shall survive the Expiration Date.

Appears in 1 contract

Samples: Agreement of Lease (Osteotech Inc)

Holding Over. This Lease shall terminate without further notice upon the 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. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the expiration Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance onlyonly and an Event of Default under this Lease; 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 LeaseLease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that (i) for the first two (2) months of such holdover tenancy, the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; and (ii) for each month following the period referred to in subsection (i) of this Section, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: of (Ia) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or and (iib) the then current scheduled Basic Rent for the most recently leased comparable space in the Building or Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, as the case may beunless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law.

Appears in 1 contract

Samples: Lease (Lsi Logic Corp)

Holding Over. This Lease shall terminate without further notice upon In the expiration event of the Term, and any holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Articles XXII and XXIII hereof, occupancy of the Premises subsequent to such termination or expiration shall not constitute a renewal or extension be that 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 (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a and in no event for month-to-month tenancy commencing or year-to-year, but Tenant shall, throughout the entire holdover period, pay rent (on the first (1sta per month basis without reduction for any partial months during any such holdover) day following the termination of this Lease. In either of such events, possession shall be subject equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent sum of the Base Rental and Additional Base Rental due for the month period immediately preceding such holding over, provided if the date holding over continues for more than thirty (30) days, effective as of terminationthe thirty-first day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, and further provided that in no event shall Base Rental and Additional Base Rental during the monthly Basic Rent holdover period be less than the fair market rental for the third (3rd) and each successive month Premises. No holding over by Tenant or payments of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If money by Tenant fails to surrender the Premises upon Landlord after the expiration of the term of this Lease despite demand shall be construed to do so extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by Landlordsummary proceedings or otherwise. Tenant shall be liable to Landlord for all damage, including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant, and Tenant shall indemnify Landlord against any and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding other tenant relating or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover other tenant or result in a renewal 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 lawprospective tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Tenera Inc)

Holding Over. This Lease If Tenant shall terminate retain possession of the Premises or any portion thereof without further notice upon Landlord's consent following the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal Lease 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 sooner termination for any period after the expiration (or earlier termination) reason, then Tenant shall pay to Landlord for each day of such retention 150% of the Term without the prior written consent 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 all amount of the terms of this Lease, except that the monthly Basic daily Base Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) as of the Basic Rent for the last month immediately preceding prior to the date of expiration or termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify also indemnify, defend, protect and hold Landlord harmless from all loss any loss, liability or liabilitycost, including reasonable attorneys' fees, resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by any succeeding tenant relating to founded on such failure to surrenderdelay. Acceptance of Rent by Landlord of rent after the following expiration or termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of , and nothing contained in this Section are in addition to and do not affect Paragraph 25 shall waive Landlord's right of re-entry reentry or any other rights right. Unless Landlord consents in writing to Tenant's holding over, Tenant shall be only a Tenant at sufferance, whether or not Landlord accepts any Rent from Tenant while Tenant is holding over without Landlord's written consent. Additionally, in the event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and cleanup of the Premises or any other Tenant obligations as set forth in this Lease, then Landlord under shall have the right to perform any such obligations as it deems necessary at Tenant's sole cost and expense, and any time required by Landlord to complete such obligations shall be considered a period of holding over and the terms of this Lease or at lawParagraph 25 shall apply.

Appears in 1 contract

Samples: Lease (Sport Supply Group Inc)

Holding Over. This Lease shall terminate without further notice upon In the expiration of the Term, and any holding over by event that Tenant after the expiration shall not constitute a renewal immediately surrender the Premises to Landlord on the Expiration Date or extension earlier termination 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 (or earlier termination) of the Term without the prior written consent 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 deemed to be a month to month tenant upon all of the terms and provisions of this Lease, except that the monthly Basic Base Rent for shall be 125% of the initial monthly Base Rent in effect during the last month of holdover shall be one hundred twenty-five percent (125%) the Term during the first month thereof and 150% of the Basic monthly Base Rent for in effect during the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) last month of holdover the Term for any period thereafter. Notwithstanding the foregoing, if Tenant shall be one hundred fifty percent (150%) hold over after the Expiration Date or earlier termination of this Lease, and Landlord shall desire to regain possession of the Basic Rent Premises immediately, then Landlord may forthwith re-enter and take possession of the Premises. Tenant shall indemnify Landlord against all liabilities and damages sustained by Landlord by reason of such retention of possession, provided Tenant will not be responsible for losses or claims suffered by Landlord on account of any delay in delivery of the month immediately preceding Premises or any part thereof to a successor tenant unless either (i) Landlord notifies Tenant prior to the Lease expiration date that Landlord has entered into a Lease or letter of terminationintent with a prospective replacement Tenant which requires Landlord to perform construction within the Premises, or otherwise tender possession thereof to a new tenant, promptly after the Lease expiration date, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) Tenant still fails to surrender possession of the Basic Rent for Premises on or before the month immediately preceding the date of termination; Lease expiration date, or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may be. If Tenant fails to surrender vacate the Premises upon promptly after Landlord notifies Tenant that it requires possession of the expiration of this Lease despite demand Premises in order to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding deliver possession thereof to a replacement tenant relating to the extent such failure to surrender. Acceptance by Landlord of rent notice is given after the scheduled Lease expiration date or in connection with any other permitted termination shall not constitute a consent to a holdover or result in a renewal 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 1 contract

Samples: Deed of Lease (National Information Group)

Holding Over. This Lease Subtenant shall terminate without further notice upon have no right to holdover. If Subtenant does not surrender and vacate the Subleased Premises at the 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 (or earlier termination) of the Term without the prior written consent 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 sooner termination of this Sublease, Subtenant shall be a tenant at sufferance and the reasonable rental value shall be Rent at the greater of (i) the monthly rate of [***] of the monthly Rent set forth in Section 3 (without taking into account any rent abatement then in effect), and (ii) all rent due under the Master Lease, and if the definition of Rent does not include additional rent or operating expenses and property taxes, then with any additional rent, operating expenses and property taxes due and payable during such holdover period of time; provided that if such holdover continues beyond the term of the Master Lease then Rent shall equal any and all rent due to Master Landlord from Sublandlord under the holdover provisions of the Master Lease during such holdover period of time. In either of such eventsconnection with the foregoing, possession shall be subject to all Sublandlord and Subtenant agree that the reasonable rental value of the terms of this Lease, except that Premises following the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) Expiration Date of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover Sublease shall be the greater of: (I) one hundred fifty percent (150%) amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Basic Rent for Effective Date, it is impracticable and/or extremely difficult to ascertain the month immediately preceding reasonable rental value of the date Subleased Premises on the Expiration Date and that the reasonable rental value established herein is a reasonable estimate of termination; or (ii) the then current Basic Rent for comparable space in the Building or Project, damage that Sublandlord would suffer as the case may beresult of the failure of Subtenant to timely surrender possession of the Subleased Premises. If Tenant Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sublandlord if Subtenant fails to surrender the Subleased Premises upon the termination or expiration of this Lease despite demand Sublease, in addition to do so by Landlordany other liabilities to Sublandlord accruing therefrom, Tenant Subtenant shall indemnify indemnify, defend and hold Landlord Sublandlord harmless from all loss or liabilityClaims resulting from such failure, including including, without limitation, any claims made Claims by Master Landlord and/or any succeeding tenant relating to third parties based on such failure to surrender, provided, however, in no event shall Subtenant be liable for any indirect, consequential or special damages (including loss of business, loss of profit and similar damages) to Subtenant other than any such damages accruing to the Master Landlord under the Master Lease on account of Subtenant’s holding over in the Subleased Premises. Acceptance by Notwithstanding the foregoing, if Subtenant agrees with Master Landlord of rent after in writing to directly lease the termination shall not constitute Subleased Premises for a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of term commencing immediately following the Expiration Date, then this Section are in addition 10.4 shall no longer be applicable and Subtenant will not be required to vacate and do not affect Landlord's right surrender possession of re-entry or any other rights of Landlord under this Lease or at lawthe Subleased Premises on the Expiration Date.

Appears in 1 contract

Samples: Sublease Agreement (Toast, Inc.)

Holding Over. This Lease In the event that Tenant shall terminate without further notice upon the expiration not immediately surrender possession of the Term, and any holding over by Tenant after leased premises at the expiration shall not constitute a renewal or extension termination of this Lease, or give Tenant any rights under this Lease, except when shall become a tenant from month to month only if rent is paid to and accepted by Landlord in writing signed by both parties. If Tenant holds over for any period after advance at the expiration (or earlier termination) rate of 110% of the Term without the rental payable hereunder just prior written consent 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 to the termination of this Lease. In either of Unless and until Landlord accepts such eventsrental from Tenant, possession Landlord shall be subject entitled to all retake or recover possession of the terms leased premises as provided in case of default on the part of Tenant and Tenant shall be liable to Landlord for any loss or damage it may sustain by reason of Tenant's failure to surrender possession of the leased premises immediately upon expiration of the term of this Lease, except that or, if applicable, the monthly Basic Rent for last properly exercised extended term hereof as provided in Paragraph 29. No holding over by Tenant shall operate to renew or extend this Lease, other than as provided in Paragraph 29, without the initial month written consent of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; Landlord to such renewal or (ii) the then current Basic Rent for comparable space in the Building or Project, as the case may beextension having been first obtained. If Tenant fails shall fail to surrender possession of the Premises leased premises immediately upon such term expiration, Tenant hereby agrees that all obligations, including those for rent, of Tenant and all rights of Landlord applicable during the expiration term of this Lease despite demand shall be equally applicable during such period of subsequent occupancy whether or not the month to do so by Landlordmonth tenancy shall have been created as aforesaid. For purposes of this Lease, Tenant shall indemnify be deemed to have not surrendered possession of the leased premises if Tenant has failed to cancel, terminate, assign, or transfer any of the utility services as provided in Paragraph 4 hereof, and hold if any utility service company fails or refuses to accept the power of attorney of Landlord harmless from all loss set forth in Paragraph 4, or liabilityif Tenant exercises or refuses to release any other control or authority over, including without limitationor with regard to, any claims made by any succeeding tenant relating to such the leased premises regardless of whether or not Tenant is in physical possession of the leased premises including, but not limited to, failure to surrender. Acceptance by Landlord of rent after return keys, failure to remove personal property from the termination shall not constitute a consent leased premises, or failure to a holdover cancel telephone service to the leased premises or result in a renewal 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 lawthe improvements on the leased premises.

Appears in 1 contract

Samples: Revised Lease Agreement (SMTC Corp)

Holding Over. This Lease shall terminate without further notice upon If Tenant holds over after the expiration of the Lease Term, with or without the express or implied consent of Landlord, such tenancy shall be from month-to-month only, and any holding over by Tenant after the expiration shall not constitute a renewal hereof or an 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 (or earlier termination) of the Term without the prior written consent of Landlordfurther term, and in 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 case Base Rent shall be subject payable at a monthly rate equal to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover shall be one hundred twenty-five percent (125%) of the Basic Rent for the month immediately preceding the date of termination, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Base Rent for applicable immediately before the expiration of the Lease Term. Such Industrial Lease—Las Vegas, Nevada 0000 X. Xxxxxxx Xxxx. Xxx Xxxxx, Xxxxxx Switch Communications Group, L.L.C. Table of Contents month-to-month immediately preceding the date of terminationtenancy shall be subject to every other term, covenant and agreement contained herein. Nothing contained in this Section 2.04 shall be construed as consent by Landlord to any holding over by Tenant, and Landlord expressly reserves the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) right to require Tenant to surrender possession of the Basic Rent for Property to Landlord as provided in this Lease upon the month immediately preceding the date expiration or other termination of termination; this Lease. The provisions of this Section 2.04 shall not be deemed to limit or (ii) the then current Basic Rent for comparable space in the Building constitute a waiver of any other rights or Project, as the case may beremedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises Property upon the termination or expiration of this Lease despite demand in the condition required by Sections 6.06 and 10.07 of this Lease, without the written consent of Landlord or pursuant to do so by Landlordthe provisions of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss or liabilityloss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant relating to founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Acceptance by Tenant, prior to Tenant’s holdover of the Property, may request from Landlord notice of rent after the termination shall not constitute following: (1) whether Landlord has at such time entered into a consent to new lease for the Property, and (2) whether Landlord anticipates incurring any damages as a result of Tenant’s holdover or result in a renewal of this Lease. The foregoing provisions the Property, specifying the amount 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 lawsuch damages.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Switch, Inc.)

Holding Over. This Lease shall terminate without further notice upon the expiration Tenant will not be permitted to hold over possession of the Term, and any holding over by Tenant Premises after the expiration shall not constitute a renewal or extension earlier termination of this Leasethe Term without the express written consent of Landlord, or give Tenant any rights under this Lease, except when which consent Landlord may withhold in writing signed by both partiesits sole and absolute discretion. If Tenant holds over for any period after the expiration (or earlier termination) termination of the Term without the prior written consent of LandlordTerm, such possession shall constitute Landlord may, at its option, treat Tenant as a tenancy tenant at sufferance only; , and 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 continued occupancy by Tenant shall be subject to all of the terms terms, covenants and conditions of this Lease, so far as applicable, except that the monthly Basic Monthly Base Rent for the initial month of any such holdover period shall be equal to the greater of (i) one hundred twenty-five percent (125%) of the Basic Monthly Base Rent for the month in effect under this Lease immediately preceding the date of terminationprior to such holdover, monthly Basic Rent for the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent currently scheduled rental rate for comparable space in the Building or ProjectBuilding, as the case may be. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrenderin either event prorated on a daily basis. Acceptance by Landlord of rent after the such expiration or earlier termination shall will not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section Paragraph 11 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 as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration of this Lease in accordance with the terms of this Paragraph 11 despite demand to do so by Landlord, Tenant agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including attorneys' fees and costs), including, without limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Tenant was to surrender it and claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this subparagraph 11(b) will survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Work Letter Agreement (Ryland Group Inc)

Holding Over. This Lease shall terminate without further notice upon the 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 Expiration Date (or earlier termination) termination of the Term without the prior written consent of LandlordTerm), such possession tenancy 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, only and possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent for the initial month of holdover rental shall be one hundred twenty-five percent (125%) 150% of the Basic Rent total monthly rental for the month immediately preceding the date of termination, . The acceptance by Landlord of monthly Basic Rent for hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the second (2nd) month of holdover shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination, and the monthly Basic Rent for the third (3rd) and each successive month of holdover shall be the greater of: (I) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination; or (ii) the then current Basic Rent for comparable space full amount due unless otherwise agreed in the Building or Project, as the case may bewriting by Landlord. If Tenant Xxxxxx fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or result in a renewal of this Lease. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord's ’s right of re-entry or any other rights of Landlord under this Lease or at law. 15.2. SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Upon the Expiration Date or upon any earlier termination of this Lease, Tenant shall quit and surrender possession of the Premises to Landlord in as good order, condition and repair as when received or as hereafter may be improved by Landlord or Tenant, reasonable wear and tear and repairs which are Landlord’s obligation excepted, and shall remove or fund to Landlord the cost of removing all wallpapering, voice and/or data transmission cabling installed by or for Tenant and Required Removables, together with all personal property and debris, and shall perform all work required under Section 7.3 of this Lease. If Tenant shall fail to comply with the provisions of this Section 15.2, and remove any personal property within 10 days following the expiration or earlier termination of this Lease, such personal property shall be conclusively deemed to have been abandoned, then Landlord may effect the removal and/or make any repairs, without notice and without incurring any liability to Tenant, and the cost to Landlord shall be additional rent payable by Tenant upon demand. Tenant hereby waives all rights under and benefits of Section 1993.03 of the California Civil Code, or any similar or successor laws now or hereafter in effect and authorizes Landlord to dispose of any personal property remaining at the Premises following the expiration or earlier termination of this Lease without further notice to Tenant. ARTICLE 16.

Appears in 1 contract

Samples: ReShape Lifesciences Inc.

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