Common use of Holding Over Clause in Contracts

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 68 contracts

Samples: Lease Agreement (Service Properties Trust), Lease Agreement (TravelCenters of America Inc. /MD/), Lease Agreement (TravelCenters of America Inc. /MD/)

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Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two one and one-half (21.50) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 30 contracts

Samples: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Health Care Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement Lease shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times twice the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this AgreementLease, to the extent applicable. Nothing contained herein shall constitute the consent, express express, or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this AgreementLease.

Appears in 7 contracts

Samples: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two one and one half (21.5) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 5 contracts

Samples: Lease Agreement (Hospitality Properties Trust), Agreement to Lease (Hospitality Properties Trust), Lease Agreement (Hospitality Properties Trust)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times the Minimum Rent then in effect plus Additional Charges and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.. ARTICLE 14

Appears in 2 contracts

Samples: Master Lease Agreement (Crescent Real Estate Equities Co), Master Lease Agreement (Crescent Real Estate Equities Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two one and one-half (21.5) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 2 contracts

Samples: Master Lease Agreement (Hospitality Properties Trust), Lease Agreement (Lasalle Hotel Properties)

Holding Over. Any holding over by Tenant after the expiration or sooner earlier termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times twice the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 2 contracts

Samples: Lease and Operating Agreement, Lease and Operating Agreement (Nevada Property 1 LLC)

Holding Over. Any holding over by Tenant after the expiration or sooner earlier termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 2 contracts

Samples: Personal Property Lease Agreement (CNL Lifestyle Properties Inc), Lease Agreement (CNL Lifestyle Properties Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement Lease shall be treated as a daily tenancy at sufferance at a rate equal to two one and one-half (21.50) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this AgreementLease, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this AgreementLease.

Appears in 2 contracts

Samples: Master Lease (CNL Income Properties Inc), Master Lease (CNL Income Properties Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement Lease shall be treated as a daily tenancy at sufferance at a rate equal to two (2) one times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this AgreementLease, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this AgreementLease and Tenant hereby waives any right of claiming the existence of a lease by sufferance under any applicable law.

Appears in 1 contract

Samples: Lease Agreement (CNL Income Properties Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement after thirty (30) days prior written notice by Landlord shall be treated as a daily tenancy at sufferance at a rate equal to two one and one-half (21.5) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all direct damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Lasalle Hotel Properties)

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Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times twice the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (CNL Healthcare Trust, Inc.)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) one and one-half times the greater of the Fair Market Rental Value or the Minimum Rent and the Additional Rent then in effect plus any other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all actual damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Cytotherapeutics Inc/De)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times the Minimum Rent the in effect plus Additional Charges and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Master Lease Agreement (Magellan Health Services Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner earlier termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two one and one-half (21 1/2) times the Minimum Rent and Base Rent, together with all other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (CNL Income Properties Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two one hundred seventy-five percent (2175%) times the Minimum Rent and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Life Time Fitness Inc)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times the Minimum Rent and the Additional Rent then in effect plus Additional Charges and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Master Lease Agreement (Senior Housing Properties Trust)

Holding Over. Any holding over by Tenant after the expiration or sooner termination of this Agreement shall be treated as a daily tenancy at sufferance at a rate equal to two (2) times the Minimum Rent then in effect plus Additional Charges and other charges herein provided (prorated on a daily basis). Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such holding over. Otherwise, such holding over shall be on the terms and conditions set forth in this Agreement, to the extent applicable. Nothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Agreement.

Appears in 1 contract

Samples: Master Lease Agreement (Magellan Health Services Inc)

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