Common use of Surrender and Holding Over Clause in Contracts

Surrender and Holding Over. (a) Upon the Expiration or earlier termination of this Term with respect to a Leased Premises, Tenant shall peaceably leave and surrender such Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations excepted. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be one hundred fifty percent (150%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Master Lease Agreement (Lehigh Gas Partners LP)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations exceptedLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty ten percent (150110%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty ten percent (150110%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b19 (b). (c) If Landlord consists of more than one entity, Landlord shall at all times employ a qualified, professional asset manager or property manager which manager shall be Tenant’s primary point of contact for all communications with Landlord. If Landlord consists of more than one entity, Rent shall be made payable to the asset manager or property manager of Landlord, as its authorized agent, or, upon the exercise by Lender of its rights under any applicable Prime Leasethe Loan Documents, as directed by Lender.

Appears in 1 contract

Sources: Lease Agreement (Gc Net Lease Reit, Inc.)

Surrender and Holding Over. (a) a. Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations exceptedLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) b. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty twenty-five percent (150125%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty twenty-five percent (150125 %) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b19(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease Agreement (Dave & Busters Inc)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Dategood condition, ordinary reasonable wear and tear and permitted Alterations excepted. Tenant shall may remove at Tenant's sole cost and expense from the Leased Premises on or prior to such expiration or earlier termination, the Trade Fixtures termination Tenant's trade fixtures and personal property which is are owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures Tenant's trade fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) . Upon such expiration or earlier termination, no party shall have any further rights or obligations hereunder except as specifically provided herein. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty percent (150%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b), or under any applicable Prime LeaseSection 20.

Appears in 1 contract

Sources: Lease Agreement (One Price Clothing Stores Inc)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations exceptedLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty twenty-five percent (150125%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty twenty-five percent (150125%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b19(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease (Performance Food Group Co)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations exceptedLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) . Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty percent (150%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b19(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease (Performance Food Group Co)

Surrender and Holding Over. (a) a. Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord Landlord. Provided Tenant is not in the same condition in which the same existed as of the Commencement Datedefault hereunder, ordinary wear and tear and permitted Alterations excepted. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant Tenant, at its expense expense, shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the any Renewal Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) b. Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term or any Renewal Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty ten percent (150110%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150150 %) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b19(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease Agreement (Dave & Busters Inc)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations exceptedLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Initial Term of this Lease or any extensions thereofRenewal Terms, with the consent of Landlord, shall operate and be construed as a tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty percent (150%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and otherwise upon the same terms and conditions as contained in this Lease except that Tenant shall have no right to renew or extend the Term of this Lease. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease Agreement (Advanced Fibre Communications Inc)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same “broom clean” and in good condition in which the same existed as of the Commencement Dateand repair, ordinary wear and tear excepted, and permitted Alterations exceptedotherwise in accordance with the terms and conditions of this Lease. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end expiration of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by . Notwithstanding anything to the contrary in this Paragraph 23(a), Tenant of shall not be obligated to remove any safe or vault located on the Leased Premises after nor shall it be responsible for the expiration cost of removal or earlier termination disposal of any safe or vault nor for the Term cost of this Lease repairing any damage caused by the removal of any safe or any extensions thereof, with vault by the consent of Landlord, shall operate and be construed as tenancy at sufferance only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be one hundred fifty percent (150%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Finward Bancorp)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations exceptedLandlord. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be one hundred fifty twenty-five percent (150125%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty twenty-five percent (150125%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease Agreement (Lehigh Gas Partners LP)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such Leased Premises the Properties (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in the same condition in which the same existed as of the Commencement Date, ordinary wear and tear and permitted Alterations exceptedLandlord. Tenant shall remove from the Leased Premises Properties on or prior to such expiration or earlier termination, termination the Trade Fixtures Fixtures, inventory and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier terminationTermination, repair any damage caused by such removal. Trade Fixtures Fixtures, inventory and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased PremisesProperties. The reasonable cost of removing and disposing of such property and repairing any damage to the Leased Premises any Property caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (b) Any holding over by Tenant of any or all of the Leased Premises Properties after the expiration or earlier termination of the Term of this Lease or any extensions thereof, with the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty ten percent (150110%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding the foregoing, any holding over without Landlord’s 's consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty ten percent (150110%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises)thereof, to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b19(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease Agreement (Wesco International Inc)

Surrender and Holding Over. (a) Upon the Expiration expiration or earlier termination of this Term with respect to a Leased PremisesLease, Tenant shall peaceably leave and surrender such the Leased Premises (except as to any portion thereof with respect to which this Lease has previously terminated) to Landlord in broom clean condition, and otherwise in the same condition in which the same existed as of Leased Premises were originally received from Landlord on the Commencement Date, except as repaired, rebuilt, restored, altered, replaced or added to as permitted or required by any provision of this Lease, and except for ordinary wear and tear and permitted Alterations exceptedtear. Tenant shall remove from the Leased Premises on or prior to such expiration or earlier termination, termination the Trade Fixtures and personal property which is owned by Tenant or third parties other than Landlord, and Tenant at its expense shall, on or prior to such expiration or earlier termination, repair any damage caused by such removal. Trade Fixtures and personal property not so removed at the end of the Term or within thirty (30) days after the earlier termination of the Term for any reason whatsoever shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Leased Premises. The reasonable cost of removing and disposing of such property and repairing any damage to any of the Leased Premises caused by such removal shall be borne by Tenant. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any property which becomes the property of Landlord as a result of such expiration or earlier termination. (ba) Any holding over by Tenant of the Leased Premises after the expiration or earlier termination of the Term of this Lease or any extensions thereof, whether with or without the consent of Landlord, shall operate and be construed as tenancy at sufferance from month to month only, terminable by Landlord as permitted by law. Basic Rent during such holdover shall be at one hundred fifty percent (150%) of the Basic Rent owed during the immediately preceding Lease Year (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased Premises), reserved herein and upon the same terms and conditions as contained in this Lease. Notwithstanding Lease (except that Tenant shall have no further right or option to renew or extend the foregoing, any holding over without Landlord’s consent shall entitle Landlord, in addition to collecting Basic Rent at a rate of one hundred fifty percent (150%) thereof (or such greater amount payable pursuant to any Prime Lease for any holding over at the Leased PremisesTerm), to exercise all rights and remedies provided by law or in equity, including the remedies of Paragraph 20(b), or under any applicable Prime Lease.

Appears in 1 contract

Sources: Lease Agreement (Griffin-American Healthcare REIT III, Inc.)