Common use of Occupancy Clause in Contracts

Occupancy. If LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE continues to occupy, control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s control, occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 2 contracts

Samples: Commercial Lease (Anterios Inc), Commercial Lease (Anterios Inc)

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Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 2 contracts

Samples: Beacon Power Corp, Cardiotech International Inc

Occupancy. If LESSEE takes possession of the leased premises prior to the start commencement of the lease termthis lease, LESSEE will shall perform and observe all terms of its covenants under this lease from the date upon which it takes possession. LESSOR may require LESSEE at LESSEE’S expense to relocate to another similar premises (which shall be within the same municipality as the current premises, unless *LESSEE is not regularly occupying the premises) at any time upon written notice to LESSEE and on terms comparable to those herein. If any of LESSEE continues to occupyparties occupies, control controls, or encumber all or encumbers any part of the leased premises without LESSOR’S written permission after the termination of this lease without or otherwise beyond the written permission of LESSORperiod specified by LESSOR in writing, LESSEE shall be liable to LESSOR for any and all loss, damages or damages, and/or expenses incurred by LESSOR, including consequential damages, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease for the immediately prior to termination preceding calendar month or LESSOR’s then ’S then-current published rent one-year rental rate for the leased premises, it being understood agreed that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s The occupancy, control, occupancy or encumbrance of all or any part of the leased premises by any of LESSEE parties beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be immediately due and payable immediately in advancepayable. LESSOR’s ’S acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s LESSEES status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during * only in the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.event

Appears in 2 contracts

Samples: Commercial Lease (Allena Pharmaceuticals, Inc.), Commercial Lease (Allena Pharmaceuticals, Inc.)

Occupancy. If In the event that LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE shall not remove LESSEE’s goods or property from the leased premises other than in the ordinary and usual course of business, without *having first paid LESSOR all rent which may become due during the entire term of this lease. LESSOR may require LESSEE to relocate to another similar facility upon prior written notice to LESSEE and on terms comparable to these herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and is of greater rental value. LESSEE’s control, control or occupancy or encumbrance of all or any part of the leased premises beyond noon noon** on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE *continuing to relocate to another similar facility at anytime during the pay rent and otherwise comply with its obligations under this lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.**6:00 PM

Appears in 2 contracts

Samples: BioTrove, Inc., BioTrove, Inc.

Occupancy. If LESSEE In the event that XXXXXX takes possession of the leased said premises prior to the start of the lease termLease Commencement Date, LESSEE XXXXXX will perform and observe all of its LESSEE's covenants under this lease from the date upon which it XXXXXX takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If XXXXXX shall not remove XXXXXX's goods or property from the Leased Premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this Lease. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises Leased Premises after the agreed termination date of this lease Lease without the written permission of LESSORXXXXXX, then all other terms of this Lease shall continue to apply except that rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which would otherwise be due under this Lease, it being understood between the parties that such extended occupancy as a tenant at sufferance is solely for the benefit and convenience of LESSEE and such has greater rental value and, in the event that LESSEE continues to occupy or control the Leased Premises for a period of more than one month after the Lease termination date, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all terms of this lease shall continue to apply, except that use and XXXXXX. XXXXXX's control or occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s control, occupancy or encumbrance of all or any part of the leased premises Leased Premises beyond noon midnight on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section Article shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 2 contracts

Samples: Maker Communications Inc, Maker Communications Inc

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month, LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. If LESSOR shall have the right to relocate LESSEE to another facility upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all losslose, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it lease. It being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon upon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an any entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required hereinsufference.

Appears in 2 contracts

Samples: Boston Communications Group Inc, Boston Communications Group Inc

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the termination agreed [insert addendum 22a] of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Booktech Com Inc

Occupancy. If In the event that LESSEE takes taken possession of the said leased premises prior to the start of the lease term, LESSEE will perform and any observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If Lessee shall not remove Lessee's goods or property from the leased premises other than in the ordinary and usual course or business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. LESSOR may require LESSEE to relocate to another similar facility upon prior written police to LESSEE and on terms comparable to those herein. In the event that Lessee continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, LESSEE Lessor then Lessee shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it lease. It being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, Lessee's control or occupancy or encumbrance of all or any paid part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE Lessee during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Essential Com Inc

Occupancy. If In the event that LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE shall not remove its goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid LESSOR all rent which may become due during the entire term of this lease. LESSOR may require LESSEE to relocate to another similar facility upon prior written notice to LESSEE and on terms comparable to those herein, in the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of 150 percent of the monthly rent due under this lease immediately prior to termination or at LESSOR’s 's then current published rent for the leased premises, whichever is greater, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. , LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Constellation 3d Inc

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, . LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment extra rent to any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Anika Therapeutics Inc

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. LESSOR may require LESSEE to relocate to another similar ground floor (or other if acceptable to LESSEE) facility at Xxxxxxxx Center no more than one time during the term of the lease upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Alpha Technologies Group Inc

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. LESSOR may require LESSEE to relocate to another similar facility upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Sequenom Inc

Occupancy. If LESSEE In the event that XXXXXX takes possession of the said leased premises prior to the start of the lease said term, LESSEE XXXXXX will perform and observe all of its LESSEE's covenants under this lease from the date upon which it XXXXXX takes possessionpossession except for the obligation for the payment of extra rent for any period less than one month. If LESSOR with XXXXXX's written approval shall have the right to relocate LESSEE at LESSOR'S complete expense to another facility upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSORXXXXXX, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments the rent shall be due in full monthly installments at a rate of two hundred (200) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy at sufferance, tenant as sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, XXXXXX's control of occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any the monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s XXXXXX's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Lease (Qc Optics Inc)

Occupancy. If LESSEE takes possession of Landlord permits Tenant to occupy the leased premises Premises prior to the start Commencement Date, such occupancy shall be governed by all of the lease termterms and conditions of this Lease, LESSEE will perform including the requirement under Section 13 of this Lease to maintain insurance. However, Tenant shall not owe Landlord any sums for Annual Base Rent, Real Estate Taxes or Operating Expenses associated with the Premises during said early occupancy period. Except as specifically provided for herein, in the event Tenant is unable to enter into and observe all of its covenants under this lease from occupy the Premises on the Commencement Date specified in Section 1.17, because the Premises are not ready for occupancy, Landlord shall not be liable for damages to Tenant. Annual Base Rent shall xxxxx during the period Tenant is unable to occupy the Premises; and the Commencement Date shall automatically be redefined to mean the date upon which it takes possession. If LESSEE continues to occupy, control or encumber all or Tenant occupies and conducts business in any part portion of the leased premises after Premises. Landlord and Tenant anticipate that the termination of this lease without Delivery Date shall occur on or about April 1, 1997. Such Delivery Date is based on the written permission of LESSORLease being fully executed and Tenant approving final construction plans for the Premises on or before February 14, LESSEE 1997 (the "Plans"). In the event Tenant approves the Plans in accordance with the terms herein and the Lease is executed and delivered on or before February 14, 1997 and Landlord fails to deliver the Premises on or before the Delivery Date, then Landlord shall pay to Tenant, Five Hundred and 00/100 dollars ($500.00) for each and every day beyond the Delivery Date, provided such a delay is not caused by, or attributable to, Tenant. Landlord shall be liable allowed to LESSOR add one (1) day to the Delivery Date, for any and all losseach day that Tenant fails to approve such plans beyond the specific, damages or expenses incurred by LESSOR, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater individual date herein described for approval of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit Plans and convenience of LESSEE and of greater rental value. LESSEE’s control, occupancy or encumbrance of all or any part execution of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required hereinLease.

Appears in 1 contract

Samples: Medi Ject Corp /Mn/

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and then all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred seventy five (175) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Scriptgen Pharmaceuticals Inc

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except for the obligation for the payment of extra rent for any period less than one month. If LESSEE shall not remove any goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments the rent shall be due in full monthly installments at a rate of two hundred (200) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy at sufferance, tenant as sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control of occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any the monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: 4 Lease Agreement Lease (Ultratech Stepper Inc)

Occupancy. Said premises are to be used exclusively and solely by said TENANT(S) for a Manufactured home residence and to be occupied solely and exclusively as a private dwelling by the above named TENANT(S) and the following named persons (should any other persons occupy said premises, it shall be considered a material default of this Lease). NAME RELATIONSHIP Additional persons, age 18 and older, will be required to submit a written application for occupancy, pay an application fee and agree to LANDLORD’S obtaining a criminal background check. OWNER OF RECORD TENANT warrants and represents that s/he is the owner of the Manufactured home and agrees to provide LANDLORD a copy of the title prior to taking occupancy of the home. TERM This Lease Agreement shall be for a period of months, commencing on and terminating on . If LESSEE TENANT takes possession of the leased premises prior to the start commencement date of this Lease, TENANT shall pay rent at the rate and in the manner required by this Lease and such possession in all other respects shall be subject to the applicable provisions of this Lease. In the event LANDLORD is unable to deliver possession of the lease termpremises due to failure or refusal of a previous occupant to vacate, LESSEE the term shall commence when LANDLORD is so able to deliver possession. LANDLORD assumes no liability for the failure or refusal of a previous occupant to vacate or for other causes beyond LANDLORD’S reasonable control. Upon the expiration of the Lease, unless TENANT requests a new written Lease, the tenancy will perform and observe be on a month-to-month basis, subject to all of its covenants under this lease from the date upon which it takes possession. If LESSEE continues to occupyconditions, control or encumber all or any part of the leased premises after the termination provisions, and obligations of this lease without agreement with the written permission exception of LESSORterms regarding rent and other charges. As a month-to-month tenant, LESSEE shall rent and other charges may be liable to LESSOR for any and all loss, damages or expenses incurred changed by LESSOR, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s control, occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term LANDLORD upon prior thirty (30) days written notice to LESSEE and TENANT. RENT Monthly rent is payable in advance on terms comparable to those hereinthe first (1st) day of each month, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.Rent is comprised of the following charges: [ ] Base rent $ per month [ ] Pets $ per month [ ] Premium lot $ per month [ ] RV Storage $ per month [ ] Additional Vehicles $ per month [ ] Other (water) $ per month Total Monthly Rent $

Appears in 1 contract

Samples: Manufactured Home Community Site Lease Agreement

Occupancy. If LESSEE takes possession of the leased premises prior to the start commencement of the lease termthis lease, LESSEE will shall perform and observe all terms of its covenants under this lease from the date upon which it takes possession*. LESSOR may require LESSEE at LESSEE’S expense to relocate-to another similar premises (which shall be within the same municipality-as the current premises, unless LESSEE s not regularly occupying the premises) at any time-upon written-notice to LESSEE and on terms comparable to those herein: If any of LESSEE continues to occupyparties occupies, control controls, or encumber all or encumbers any part of the leased premises without LESSOR’S written permission after the termination of this lease without or otherwise beyond the written permission of LESSORperiod specified by LESSOR in writing, LESSEE shall be liable to LESSOR for any and all loss, damages or damages, and/or expenses incurred by LESSORLESSOR including consequential damages, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease for the immediately prior to termination preceding calendar month or LESSOR’s then ’S then-current published rent one-year rental rate for the leased premises, it being understood agreed that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s The occupancy, control, occupancy or encumbrance of all or any part of the leased premises by any of LESSEE parties beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be immediately due and payable immediately in advancepayable. LESSOR’s ’S acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s ’S status as a tenant at sufferance. LESSOR may require LESSEE *, other than the obligation to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.pay rent

Appears in 1 contract

Samples: Commercial Lease (SES AI Corp)

Occupancy. If LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE continues to occupy, control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, subject during the first ninety (90) days (only) of any holdover to the limitations in Section 28(k) below, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a per diem rate which shall be be: (a) for the first thirty (30) days after the date of termination of this lease, at the rate of one and one-half (1 1/2), and (b) thereafter, at the rate of two (2), in each case, times the greater of the monthly rent per diem rate due under this lease immediately prior to termination or LESSOR’s 's then current published rent on a per diem basis for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s control, occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime any time during the lease term upon prior written notice to LESSEE and on terms comparable to those these herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: BioVex Group, Inc.

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Occupancy. If LESSEE XXXXXX takes possession of the leased premises prior to the start commencement of the lease termthis lease, LESSEE will shall perform and observe all terms of its covenants under this lease from the date upon which it takes possession. LESSOR may require LESSEE to relocate to another similar premises (isighish shall-be-within-the-sanae-rneathipality-astire-surrent-premisesruntess LESSEE is not regularly occupying the premises) at any time during the lease term upon written notice to LESSEE and on terms comparable to those herein. LESSEE shall be liable to LESSOR for any and all loss, damages and/or expenses incurred by LESSOR if XXXXXX fails to relocate as required herein. If LESSEE continues to occupyoccupies, control conbols or encumber all or encumbers any part of the leased premises after the termination of this lease without the LESSOR’s written permission of LESSORpermission, LESSEE shall be liable to LESSOR for any and all loss, damages or and/or expenses incurred by LESSOR, and all terms of this lease shall continue to apply, except that use and occupancy n-n I parry payments shall be due in full monthly installments instalments at a rate which whin shall be two me* times the greater of the monthly rent due under this lease immediately prior to termination or LESSORXXXXXX’s then current published rent for the leased premises, it being understood agreed that such extended occupancy ntha pane/ is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s ors xxxxx, control, occupancy or encumbrance of all or any part of the leased premises beyond noon on I inn ion the last day of any monthly rental period shall constitute LESSEE’s occupancy ore ipancy for an entire additional month, and increased payment as provided in this section shall be immediately due and payable immediately in advancepayable. LESSORXXXXXX’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during *only in the lease term upon prior written notice to LESSEE event **one and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.one-half

Appears in 1 contract

Samples: Commercial Lease (Environmental Impact Acquisition Corp)

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. LESSOR shall have the right to relocate LESSEE to another facility upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Locateplus Holdings Corp

Occupancy. If LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE continues to occupy, control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s 's then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s 's control, occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime any time during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Helicos Biosciences Corp

Occupancy. If LESSEE In the event that LXXXXX takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE shall not remove LXXXXX’s goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid LESSOR all rent which may become due during the entire term of this lease. LESSOR may require LESSEE to relocate to another similar facility upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSORLXXXXX, and all other terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and is of greater rental value. LESSEELXXXXX’s control, control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSORLXXXXX’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Lease (Opgen Inc)

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. LESSOR shall have the right to relocate LESSEE to another facility upon prior written notice to LESSEE and on terms comparable to those herein. If LESSOR relocates LESSEE, LESSOR shall reimburse LESSEE for LESSEE's reasonable out-of-pocket expenses for moving LESSEE's furniture, equipment, and supplies from the leased premises to the relocation space and for reprinting LESSEE's stationery of the same quality and quantity as LESSEE's stationery supply on hand immediately before LESSOR's notice to LESSEE of the exercise of this relocation right. Upon such relocation, the relocation space shall be deemed to be the leased premises and the terms of the lease shall remain in full force and shall apply to the relocation space. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Chirex Inc

Occupancy. If LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE continues to occupy, control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s control, occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Boston Communications Group Inc

Occupancy. If In the event that LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE shall not remove its goods or property from the leased premises other than in the ordinary and usual course of business, without continuing to pay rent and otherwise comply with its obligations under the lease. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of 150 percent of the monthly rent due under this lease immediately prior to termination or at LESSOR’s 's then current published rent for the leased premises, whichever is greater, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Interliant Inc

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and and-all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full fully monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premises, it lease. It being understood between the parties that such extended occupancy is as a tenancy tenant at sufferance, sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Arqule Inc

Occupancy. If In the event that LESSEE takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession. If LESSEE shall not remove its goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid LESSOR all rent which may become due during the entire term of this lease. LESSOR may require LESSEE to relocate to another similar facility upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of 150 percent of the monthly rent due under this lease immediately prior to termination or at LESSOR’s 's then current published rent for the leased premises, whichever is greater, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire extra additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Eyetech Pharmaceuticals Inc

Occupancy. If LESSEE In the event that LXXXXX takes possession of the leased premises prior to the start of the lease term, LESSEE will perform and observe all of its covenants under this lease from the date upon which it takes possession.* LESSEE shall not remove LXXXXX’s goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid LESSOR all rent which may become due during the entire term of this lease. If LESSOR may require LESSE to relocate to another similar facility upon prior written notice to LESSEE and on terms comparable to those herein. ln the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the termination of this lease without the written permission of LESSOR, LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSORLXXXXX, and all other terms of this lease shall continue to apply, except that use and occupancy payments shall be due in full monthly installments at a rate which shall be two times the greater of 150 percent of the monthly rent due under this lease immediately prior to termination or at LESSOR’s then current published rent for the leased premises, whichever is greater, it being understood that such extended occupancy is a tenancy at sufferance, solely for the benefit and convenience of LESSEE and of greater rental value. LESSEELXXXXX’s control, control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEELXXXXX’s occupancy for an entire additional month, and increased payment as provided in this section shall be due and payable immediately in advance. LESSORLXXXXX’s acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during *of the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.leased premises

Appears in 1 contract

Samples: Lease (NUCRYST Pharmaceuticals Corp.)

Occupancy. If In the event that LESSEE takes possession of the said leased premises prior to the start of the lease said term, LESSEE will perform and observe all of its LESSEE's covenants under this lease from the date upon which it LESSEE takes possessionpossession except the obligation for the payment of extra rent for any period of less than one month. If LESSEE shall not remove LESSEE's goods or property from the leased premises other than in the ordinary and usual course of business, without having first paid and satisfied LESSOR for all rent which may become due during the entire term of this lease. LESSOR shall have the right to relocate LESSEE to another facility upon prior written notice to LESSEE and on terms comparable to those herein. In the event that LESSEE continues to occupy, occupy or control or encumber all or any part of the leased premises after the agreed termination of this lease without the written permission of LESSOR, then LESSEE shall be liable to LESSOR for any and all loss, damages or expenses incurred by LESSOR, and all other terms of this lease shall continue to apply, apply except that use and occupancy payments rent shall be due in full monthly installments at a rate of one hundred fifty (150) percent of that which shall would otherwise be two times the greater of the monthly rent due under this lease immediately prior to termination or LESSOR’s then current published rent for the leased premiseslease, it being understood between the parties that such extended occupancy is as a tenancy at sufferance, tenant st sufferance and is solely for the benefit and convenience of LESSEE and of as such has greater rental value. LESSEE’s control, 's control or occupancy or encumbrance of all or any part of the leased premises beyond noon on the last day of any monthly rental period shall constitute LESSEE’s 's occupancy for an entire additional month, and increased payment rent as provided in this section shall be due and payable immediately in advance. LESSOR’s 's acceptance of any payments from LESSEE during such extended occupancy shall not alter LESSEE’s 's status as a tenant at sufferance. LESSOR may require LESSEE to relocate to another similar facility at anytime during the lease term upon prior written notice to LESSEE and on terms comparable to those herein, and LESSEE shall be liable to LESSOR for any loss, damages or expenses incurred by LESSOR if LESSEE fails to relocate as required herein.

Appears in 1 contract

Samples: Boston Communications Group Inc

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