Surrender Holding Over. On the last day of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in possession of the leased premises after the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may be.
Appears in 2 contracts
Sources: Building Lease (Keystone Automotive Industries Inc), Building Lease (Keystone Automotive Industries Inc)
Surrender Holding Over. On the last day of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in possession of the leased premises after (a) Upon the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term or earlier termination of this Lease, Tenant will notify shall peaceably leave and surrender the Leased Premises to Landlord in substantially the same condition in which the Leased Premises was at the commencement of Tenant's desire this Lease, except as repaired, rebuilt, restored, altered, replaced or added to enter as permitted or required by any provision of this Lease, and except for ordinary wear and tear. Upon such surrender, Tenant shall (a) remove from the Leased Premises all property which is owned by Tenant or third parties other than Landlord and (b) repair any damage caused by such removal. Property not so removed 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 paid by Tenant to Landlord upon demand. Landlord shall not in any manner or to any extent be obligated to reimburse Tenant for any such property which becomes the property of Landlord pursuant to this Paragraph 26.
(b) If Tenant fails to surrender possession of the Leased Premises to Landlord at the expiration or earlier termination of this Lease, then Tenant shall be a tenant at sufferance and, in addition to all other damages and remedies to which Landlord may be entitled for such holding over, Tenant shall pay, in addition to the other Rent, a daily Basic Rent equal to the greater of (i) 5% of the monthly installment of Basic Rent payable during the last full month of the Term, or (ii) 100% of the then prevailing rental rate for the Leased Premises unless Landlord has entered into a lease with another tenant for all or a portion of the leased premises Leased Premises, in which case the amount calculated under this clause (ii) shall be equal to 125% of the then prevailing rental rate for the Leased Premises. The provisions of this Paragraph 26(b) shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at least six (6) months prior law. If Tenant fails to surrender the Leased Premises upon the termination or expiration of this Lease, in addition to any other liability to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all losses, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limiting the term or generality of the renewal termforegoing, as the case may beany claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Collins & Aikman Corp), Lease Agreement (Collins & Aikman Corp)
Surrender Holding Over. On the last day of the term or any ------------------------------------ ----------------------------------- renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in possession of the leased premises after the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may be.
Appears in 2 contracts
Sources: Building Lease (Keystone Automotive Industries Inc), Building Lease (Keystone Automotive Industries Inc)
Surrender Holding Over. On Upon the last expiration or earlier termination of this Sublease, Subtenant shall surrender possession of the Sublease Premises to Sublandlord, in the same condition as the Sublease Premises were in on the first day of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereofSublease Term, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable ordinary wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in possession of the leased premises If Subtenant holds over after the expiration of the term and Sublease Term by lapse of time, with Sublandlord’s consent but without any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlordwritten agreement providing otherwise, it then Subtenant shall be deemed to be occupying said premises as a Tenant subtenant from month-to-month to month, at a monthly Rent equal to 150% of the monthly Rent for the final month of the Sublease Term, and subject to all of the conditions, other provisions and obligations conditions of this Lease insofar as the same can be applicable to a month-to-month tenancySublease. The period of such month-to-month tenancy Nothing in this provision shall be considered construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a renewal term subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the end of this Leaseany month. If Tenant desires to lease the leased premises Subtenant holds over after the expiration of the term and any renewal term Sublease Term by lapse of this Leasetime, Tenant will notify Landlord without Sublandlord’s written consent, Subtenant shall be guilty of Tenant's desire to enter into a lease an unlawful detention of the leased premises at least six (6) months prior Sublease Premises and shall be liable to the expiration Sublandlord for damages for use of the term Sublease Premises during the period of such unlawful detention and shall pay rent equal to 200% of the Rent for the final month of the Sublease Term, plus any and all consequential damages suffered by Sublandlord (including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover). In the event of such holding over, Subtenant shall indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the renewal termforegoing, as the case may beSublandlord shall be entitled to all other remedies and damages provided under this Sublease or at law or in equity.
Appears in 2 contracts
Sources: Sublease Agreement (Intrepid Potash, Inc.), Sublease Agreement (Intrepid Potash, Inc.)
Surrender Holding Over. On the last day of the term of this Lease, or upon any ------------------------------------ renewal term hereof earlier termination of this Lease, or on upon any re-entry by LANDLORD upon the sooner termination thereofDemised Premises, Tenant TENANT shall peaceably and without notice of any so, quit and surrender the leased premises Demised Premises to LANDLORD in good order, condition condition, and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable except for ordinary wear and tear only excepted. Tenant shall and such damage or destruction as LANDLORD is required to repair any damage to or restore under the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in possession of the leased premises after the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term terms of this Lease, and TENANT shall remove all of TENANT’s property therefrom. TENANT specifically agrees that in the event TENANT retains possession and does not so quit and Surrender the Demised Premises to LANDLORD, then TENANT shall pay LANDLORD (1) all damages that LANDLORD may suffer on account of TENANT’s failure to so surrender and quit the Demised Premises, including but not limited to any and all claims made by succeeding Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior Demised Premises against LANDLORD based on delay of LANDLORD in delivering possession of the Demised Premises to said succeeding Tenant to the expiration extent such delay is occasioned by the failure of TENANT to so quit and surrender said Premises, and (2) rent for each month or any applicable portion of a month of such holding over at twice the amount payable for the month immediately preceding the termination of this Lease, during the time the TENANT thus remains in possession. The provisions of this paragraph do not waiver any of the term LANDLORD’s right of re-entry or any other right under the terms of this lease or the renewal termlaws of Florida. If TENANT shall fail to surrender the Premises as herein provided, as no new tenancy shall be created and TENANT shall be guilty of unlawful detainer. No surrender of this Lease or of the case may bePremises shall be binding on the LANDLORD unless acknowledged by LANDLORD in writing.
Appears in 2 contracts
Sources: Lease Agreement (Provide Commerce Inc), Industrial Lease Addendum (Provide Commerce Inc)
Surrender Holding Over. On Upon the last day expiration or earlier termination of this Agreement, Subtenant will surrender possession of the term or Sublease Premises (including any ------------------------------------ renewal term hereof or cabling installed by Subtenant) and Personal Property to Sublandlord, in the same condition as the Sublease Premises and Personal Property were in on the sooner termination thereofday Sublandlord delivered possession to Subtenant, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair Provided however, if Subtenant has made any damage alterations or modification to the leased premises caused by removal of Tenant's trade fixtures Sublease Space and has obtained all necessary consents thereto, then the space as altered or equipment. Any of Tenant's property modified need not removed be surrendered in the same condition as existed on the last day of the term or any renewal term hereof or on the sooner termination thereofSublandlord delivered possession to Subtenant, shall be deemed abandonedwith an exception for reasonable wear and tear thereto. In the event Tenant remains in possession of the leased premises If Subtenant holds over after the expiration of the term and Sublease Term by lapse of time, with Sublandlord’s consent but without any renewal term of this Lease without written agreement providing otherwise, the execution of a new lease but with the acquiescence of Landlord, it shall Subtenant will be deemed to be occupying said premises as a Tenant subtenant from month-to-month to month, at a monthly rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term, prorated monthly and subject to all of the conditions, other provisions and obligations conditions of this Lease insofar Agreement. Nothing in this provision will be deemed or construed to require Sublandlord to permit Subtenant to occupy the Sublease Premises for any period after the end of the Sublease Term, or, if Sublandlord has permitted Subtenant to occupy the Sublease Premises for any period as a subtenant from month to month, to prevent Sublandlord from terminating such subtenancy at the same can be applicable to a end of any month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises Subtenant holds over after the expiration of the term and any renewal term Sublease Term by lapse of this Leasetime, Tenant without Sublandlord’s written consent, Subtenant will notify Landlord be guilty of Tenant's desire to enter into a lease an unlawful detention of the leased premises at least six (6) months prior Sublease Premises and will be liable to the expiration Sublandlord for damages for use of the term Sublease Premises during the period of such unlawful detention and will pay Rent equal to Two Hundred percent (200%) of the fixed annual Base Sublease Rent at the time of the final year of the Sublease Term prorated monthly, plus any and all consequential damages suffered by Sublandlord, including, without limitation, damages payable by Sublandlord to Landlord by reason of Subtenant’s holdover. In the event of such holding over, Subtenant will indemnify and hold Sublandlord harmless from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, costs and disbursements, asserted against or incurred by Sublandlord as a result of such unapproved holding over. Notwithstanding the renewal termforegoing, as the case may beSublandlord will be entitled to all other remedies and damages provided under this Agreement or at law or in equity.
Appears in 2 contracts
Sources: Sublease Agreement (AntriaBio, Inc.), Sublease Agreement (AntriaBio, Inc.)
Surrender Holding Over. On Tenant shall deliver up and surrender to the last day Landlord possession of the term Premises upon the expiration of the lease term, or its earlier termination for any reason, in as good condition and repair as the same shall be at the commencement of the Term (ordinary wear and tear excepted), shall deliver the keys to the Property manager, and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Premises. Upon such surrender by Tenant, should the Premises require any repairs which are the responsibility of the Tenant hereunder, Landlord shall have the right to make such repairs at Tenant's sole cost. In the event Tenant or any ------------------------------------ renewal term hereof party claiming under Tenant remain in possession of the Premises or on any part thereof after the sooner termination thereofexpiration of this Lease without Landlord's consent, no tenancy or interest in the Premises will result, and such action shall result in unlawful detainer and that party shall be subject to immediate eviction and removal (provided that, during any such period of occupancy by Tenant after the date the Lease Term expires or terminates, Tenant shall peaceably surrender be obligated to pay an occupancy charge to Landlord at a per diem rate equal to two hundred percent (200%) of the leased premises per diem Base Rent and Additional Rent which was in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on effect during the last day month of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandonedLease Term). In the event Tenant remains in possession of the leased premises Premises after the expiration of the term and any renewal term of this Lease with Landlord's written consent but without the execution of a new lease but with the acquiescence of Landlordlease, it shall be deemed to be occupying said premises the Premises as a Tenant tenant from month-to-month, month to month at a rental equal to one hundred percent (100%) of the Base Rent herein provided and otherwise subject to all the conditions, provisions and obligations of this Lease insofar Lease, including, but not limited to, Tenant's obligation to pay its Proportionate Share of increases in Taxes, Insurance Costs and Common Area Costs, and other obligations constituting "Additional Rent" as set forth herein, adjusted as necessary or appropriate to make the same can be applicable to a month-to-month to month tenancy. Tenant hereby agrees that Tenant shall give to Landlord at least thirty (30) days written notice to quit the Premises. The period foregoing shall not constitute Landlord's consent for Tenant to holdover. In the event Tenant remains in possession of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises Premises after the expiration of the term and any renewal term of this LeaseLease without Landlord's consent, Tenant will notify shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant's desire to enter into a lease , including without limitation the loss of any proposed subsequent tenant for any portion of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may bePremises.
Appears in 1 contract
Sources: Lease (Creditrust Corp)
Surrender Holding Over. On the last day of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in possession of the leased premises after (a) Upon the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term or earlier termination of this Lease, Tenant will notify shall (i) surrender possession of the Premises to Landlord broom clean and in the same condition as on the Commencement Date (subject to Tenant’s removal obligations set forth in this Lease), reasonable wear and tear, casualty, condemnation and the obligations of Landlord under this Lease, excepted and (ii) comply with all of Tenant's desire to enter into a lease ’s covenants under this Lease respecting turnover of the leased premises at least six Premises to Landlord.
(6b) months In the event of holding over by Tenant after expiration or termination of this Lease, Tenant shall pay, as Base Rent one hundred fifty percent (150%) of the monthly amount of Base Rent which Tenant was obligated to pay for the month immediately preceding the end of the Term (plus any Additional Rent); such amount shall be deemed earned by Landlord for the entire month and shall not be prorated for partial months. No holding over by Tenant after the Term shall operate to extend the Term. Notwithstanding this Section 20(b) to the contrary, Tenant shall have the right to send written notice to Landlord (the “Holdover Notice”) not later than two hundred seventy (270) days prior to the expiration of the term then-current Term that Tenant intends to hold over in the Premises beyond the expiration of the Term for a period not to exceed ninety (90) days, in which event during such ninety (90) day holdover period, Base Rent shall be one hundred percent (100%) of the monthly amount of Base Rent which Tenant was obligated to pay for the month immediately preceding the end of the Term (plus any Additional Rent), rather than, for the first ninety (90) days of such holdover, the calculation of Base Rent set forth in this Section 20(b) hereinabove. In the event of any unauthorized holding over that continues in excess of ninety (90) days, and Landlord has delivered written notice to Tenant that Landlord has obtained a new tenant for all or any part of the renewal termPremises (a “New Tenant”), as then Tenant shall indemnify and hold Landlord harmless from all claims for damages arising from such holding over, including all reasonable legal costs and fees and all claims by any other lessee to whom Landlord may have leased all or any part of the case may bePremises covered hereby. Any holding over with the consent of Landlord in writing shall thereafter constitute this Lease a lease from month to month on the terms agreed upon by Landlord and Tenant.
Appears in 1 contract
Surrender Holding Over. On (a) Subtenant will surrender the last day Subleased Premises to Sublandlord upon the expiration or sooner termination of this Sublease in accordance with the conditions required under the Master Lease, as incorporated herein, with all removal obligations relating to the Subtenant Improvements, if any, satisfied and in broom-clean condition, free of Subtenant’s personal property, furniture, fixtures or improvements with any damage caused by Subtenant’s removal of such items repaired to Sublandlord’s reasonable satisfaction and at Subtenant’s sole cost and expense, and Subtenant shall clean and repair all holes in all interior walls of the term or any ------------------------------------ renewal term hereof or on Subleased Premises made by Subtenant, clean and wax all floors and carpets located in the sooner termination thereofSubleased Premises, Tenant and remove all debris arising from the Subleased Premises from the Building, but in no event shall peaceably Subtenant be required to surrender the leased premises Subleased Premises in good ordera condition better than received, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only tear, casualty and condemnation excepted. Tenant shall repair any damage .
(b) If Subtenant fails to surrender the leased premises caused by removal Subleased Premises at the expiration or earlier termination of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day this Sublease, occupancy of the term Subleased Premises after the termination or any renewal term hereof or on the sooner termination thereof, expiration shall be deemed abandonedthat of a tenancy at sufferance. In the event Tenant remains in possession Subtenant’s occupancy of the leased premises after Subleased Premises during the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it holdover shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, terms and provisions and obligations of this Lease insofar as Sublease and Subtenant shall pay an amount (on a permonth basis without reduction for partial months during the same can be applicable holdover) equal to a month-to-month tenancyone hundred fifty percent (150%) of the sum of the Base Rent due for the period immediately preceding the holdover. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises No holdover by Subtenant or payment by Subtenant after the expiration or early termination of this Sublease shall be construed to extend the Term or prevent Sublandlord from immediate recovery of possession of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire Subleased Premises by summary proceedings or otherwise. In addition to enter into a lease the payment of the leased premises at least six (6) months prior amounts provided above, if Sublandlord is unable to the expiration deliver possession of the term Subleased Premises to a new subtenant or the renewal termto Landlord, as the case may be, or to perform improvements for a new subtenant, as a result of Subtenant’s holdover, Subtenant shall be liable to Sublandlord for all damages to the extent in excess of the holdover rent set forth above, including, without limitation, any Consequential Damages that Sublandlord suffers from the holdover. Subtenant expressly acknowledges that such damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent may apply to the entire Master Lease Premises.
Appears in 1 contract
Sources: Sublease (Upstart Holdings, Inc.)
Surrender Holding Over. On Upon the last day Expiration Date or earlier termination of this Lease, or upon any re-entry of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereofPremises by Landlord without terminating this Lease pursuant to Section 13.2, Tenant Tenant, at Tenant’s sole cost and expense, shall peaceably peacefully vacate and surrender the leased premises Premises to Landlord in good order, broom clean and in the same condition as at the beginning of the Term or as the Premises may thereafter have been improved by Landlord or Tenant (provided that Tenant’s improvements were made with Landlord’s consent), reasonable use and repairwear thereof and repairs which are Landlord’s obligations under Article 9, broom-clean, fire Article 15 and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear Article 16 only excepted, and Tenant shall, pursuant to Section 10.3 hereof, remove all of Tenant’s Premises Property and turn over all keys for the Premises to Landlord. Notwithstanding anything to the contrary contained herein, Landlord shall have the right to require Tenant to remove, at Tenant’s sole cost and expense, all phone and data cabling used by the Tenant, and Tenant shall repair any damage caused to the leased premises caused by removal Premises or the Building as a result of Tenant's trade fixtures or equipmentsuch removal. Any of Tenant's property not removed on Should Tenant continue to hold the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in possession of the leased premises Premises after the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term or earlier termination of this Lease, Tenant will notify such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance at monthly installments of Tenant's desire Rent equal to enter into a lease (i) one hundred fifty percent (150%) of the leased premises at least six Base Rent in effect as of the date of expiration or earlier termination for the first sixty (660) months prior days of any such holdover, and (ii) two hundred percent (200%) of the monthly portion of Rent in effect as of the date of expiration or earlier termination after the first sixty (60) days of any such holdover, and subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any right to additional services. Tenant shall also be liable to Landlord for all consequential and other damage which Landlord suffers because of any holding over by Tenant, and, after the first thirty (30) days of any such holdover, Tenant shall indemnify Landlord against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by Landlord in delivering possession of the Premises to such other tenant or prospective tenant. The provisions of this Article 19 shall survive the expiration or earlier termination of the term or the renewal term, as the case may bethis Lease.
Appears in 1 contract
Sources: Lease Agreement (Calamos Asset Management, Inc. /DE/)
Surrender Holding Over. On the last day of the term or any ------------------------------------ renewal term hereof or (a) This Lease shall terminate on the sooner termination thereofLease Expiration Date without the necessity of notice from either Landlord or Tenant. Upon the Lease Expiration Date, Tenant shall peaceably quit and surrender to Landlord the leased premises in good order, condition and repairPremises, broom-clean, fire in good order and other casualty insurable under Standard Hazard Insurance and reasonable condition, ordinary wear and tear only excepted; and shall surrender to Landlord all keys to or for the Premises.
(b) Tenant shall remove all of Tenant’s Property (and any Leasehold Improvements as Landlord may direct) prior to the Lease Expiration Date or the termination of Tenant’s right to possession. Tenant shall repair any damage to the leased premises remaining Leasehold Improvements, the Premises or any other portion of the Building or the Project caused by removal such removal. If Tenant fails to timely remove said items, they shall be considered as abandoned and shall become the property of Landlord, or Landlord may have them removed and disposed of at Tenant's trade fixtures or equipment. Any of Tenant's property not removed ’s sole cost and expense, which shall be reimbursed to Landlord by T▇▇▇▇▇, as Additional Rent, upon demand
(c) If Tenant fails to vacate the Premises on the last day Lease Expiration Date, Landlord shall have the benefit of all provisions of law respecting the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in speedy recovery of possession of the leased premises Premises (whether by summary proceedings or otherwise). In addition to and not in limitation of the foregoing, occupancy subsequent to the Lease Expiration Date (“Holdover Occupancy”) shall be a tenancy at will. Holdover Occupancy shall be subject to all terms, covenants, and conditions of the Lease (including those requiring payment of Additional Rent), except that the Base Rent for each day that Tenant holds over (“Holdover Minimum Rent”) shall be equal to one and one-half (1-1/2) times the per diem Base Rent payable in the last Lease Year. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration or other termination of the term Term and that any renewal term breach or other violation of the provisions of this Lease Section 32 may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting of the execution Premises and/or other portions of a new lease but with the acquiescence of Landlord, it Building). Landlord shall be deemed entitled to be occupying said premises recover all damages, including lost business opportunity regarding any prospective tenant(s) for the Premises, suffered by Landlord as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term of this Lease, Tenant will notify Landlord result of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may be.’s Holdover Occupancy
Appears in 1 contract
Sources: Lease (Wellgistics Health, Inc.)
Surrender Holding Over. On (a) Except as otherwise expressly provided in this Lease, upon the last day expiration or termination of this Lease, Tenant agrees to peaceably and promptly surrender possession of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises Premises to Landlord broom clean and in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and subject to reasonable wear and tear only exceptedand casualty damage; provided, Landlord hereby acknowledges that the standard of "reasonable wear and tear" expected of the Premises is that of a high volume restaurant, and that in no event shall Tenant be obligated to redecorate or repaint the Premises, nor replace mechanical equipment, ceiling or floor tiles, or light fixtures. Tenant shall repair remove any and all fixtures, equipment and signs installed by it no later than the expiration of the Term or thirty (30) days after the date of any earlier termination of this Lease and shall replace and repair, at Tenant's own expense, all damage to the leased premises Premises caused by removal or resulting from such removal.
(b) If, pursuant to the consent of Landlord, Tenant, or anyone (including a sublessee) claiming under Tenant, does not immediately surrender the Premises on the date of the expiration of this Lease, then Tenant shall, by virtue of the provisions hereof, become a Tenant by the month at a monthly rental equal to one hundred twenty-five percent (125%) of Tenant's trade fixtures or equipmenttotal rental obligation for the final month of tenancy under the Term, which rental shall be payable monthly in advance. Any of Said monthly tenancy shall commence with the first day next after the Lease Expiration Date. Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, as a monthly Tenant, shall be deemed abandonedsubject to all of the terms, covenants, and conditions of this Lease. In the event Tenant remains in becomes a monthly Tenant under the provisions of this Section 28, such tenancy shall be terminable by Landlord or Tenant upon thirty (30) days' written notice to the other.
(c) If Tenant retains possession of the leased premises Premises or any part thereof after the expiration termination of the term and any renewal term Term of this Lease by lapse of time or otherwise, without the execution of a new lease but with the acquiescence prior written approval of Landlord, it shall be deemed to be occupying said premises as Tenant becomes a Tenant holdover tenant from month-to-monthmonth on all of the terms set forth in this Lease, subject except as to all the conditions, provisions rent and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancyduration. The period first three (3) months of such month-to-month tenancy extension shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration on all of the term and any renewal term of terms set forth in this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease except that the rent shall be one hundred twenty-five percent (125%) of the leased premises at least six (6) months Base Land Rent in effect immediately prior to the expiration or termination of the term or the renewal term, as the case may bethis Lease.
Appears in 1 contract
Sources: Lease (Silver Diner Inc /De/)
Surrender Holding Over. On (a) Subtenant shall be responsible for all restoration and removal obligations relating to the last day Subleased Premises if and to the extent required by Landlord; provided, however, that Subtenant shall not be liable or responsible for removing any alterations or improvements installed by or on behalf of Sublandlord prior to the Commencement Date. Subtenant will surrender the Subleased Premises to Sublandlord upon the expiration or sooner termination of this Sublease in accordance with the terms of the term or Master Lease, in broom-clean condition, free of Subtenant’s personal property, furniture, fixtures and equipment and the FF&E (subject to the terms of Section 19 below) located in the Subleased Premises, with any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably damage caused by Subtenant’s removal of such items repaired to Sublandlord’s reasonable satisfaction and at Subtenant’s sole cost and expense.
(b) If Subtenant fails to surrender the leased premises in good orderSubleased Premises at the expiration or earlier termination of this Sublease, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day occupancy of the term Subleased Premises after the termination or any renewal term hereof or on the sooner termination thereof, expiration shall be deemed abandonedthat of a tenancy at sufferance. In the event Tenant remains in possession Subtenant’s occupancy of the leased premises after Subleased Premises during the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of Landlord, it holdover shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, terms and provisions and obligations of this Lease insofar as Sublease and Subtenant shall pay an amount (on a per month basis without reduction for partial months during the same can be applicable holdover) equal to a month-to-month tenancy150% of the sum of the Base Rent and Additional Rent due for the period immediately preceding the holdover. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises No holdover by Subtenant or payment by Subtenant after the expiration or early termination of this Sublease shall be construed to extend the Term or prevent Sublandlord from immediate recovery of possession of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire Subleased Premises by summary proceedings or otherwise. In addition to enter into a lease the payment of the leased premises at least six (6) months prior amounts provided above, if Sublandlord is unable to the expiration deliver possession of the term Subleased Premises to a new subtenant or the renewal termto Landlord, as the case may be, or to perform improvements for a new subtenant, as a result of Subtenant’s holdover, Subtenant shall be liable to Sublandlord for all damages, including, without limitation, consequential damages, that Sublandlord suffers from the holdover; Subtenant expressly acknowledges that such damages may include all of the holdover rent charged by Landlord under the Master Lease as a result of Subtenant’s holdover, which Master Lease holdover rent may apply to the entire Master Lease Premises.
Appears in 1 contract
Sources: Sublease (Pegasystems Inc)
Surrender Holding Over. On the last day of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant (A) Subtenant shall peaceably surrender the leased premises Subleased Premises in good orderas good, and substantially the same, condition and repairin which they were delivered to Subtenant, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable ordinary wear and tear only and damage by casualty excepted, and otherwise in the condition required under the Prime Lease.
(B) Subtenant shall have no right to hold over at the Subleased Premises beyond the Expiration Date or earlier termination of this Sublease. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant If Subtenant remains in possession of the leased premises after the expiration or earlier termination of the term Term such occupancy shall be as a tenant at sufferance and any renewal term Subtenant shall pay as liquidated damages (and not as rent) (i) an amount equal to
(A) for the first thirty (30) days of such holdover, one hundred fifty percent (150%) of the Fixed Rent in effect at the time of the expiration or termination of this Sublease, and (B) thereafter, two hundred percent (200%) of the Fixed Rent in effect at the time of the expiration or termination of this Sublease, plus Additional Rent, prorated on a daily basis for each such day of continued occupancy, and (ii) all amounts payable by Sublandlord to Prime Landlord under the Prime Lease without as a result of such holdover, including consequential damages, as more particularly set forth in Section 6.10 of the execution Prime Lease, but only to the extent that Sublandlord is liable for, and actually remits payment to Prime Landlord on account of, such consequential damages pursuant to Section 6.10 of the Prime Lease. Subtenant ▇▇▇▇▇▇ agrees to indemnify Sublandlord against and hold Sublandlord harmless from all costs and damages incurred (including reasonable attorney’s fees) as a new lease result of such holdover, including but with not limited to all amounts paid by Sublandlord to Prime Landlord pursuant to the acquiescence Prime Lease as a result of Landlord, it such continued occupancy by Subtenant. Nothing herein shall be deemed to be occupying said premises as a Tenant limit Sublandlord's rights to evict Subtenant, or any other rights or remedies legally available to Sublandlord. No receipt of money by Sublandlord from month-to-month, subject to all the conditions, provisions and obligations Subtenant after expiration or termination of this Lease insofar as Sublease shall reinstate or extend this Sublease without the same can be applicable to a month-to-month tenancy. The period express written consent of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may beSublandlord.
Appears in 1 contract
Sources: Sublease Agreement (Braze, Inc.)
Surrender Holding Over. On the last day At termination of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereofthis Lease, Tenant Lessee shall peaceably surrender the leased premises Premises and keys thereof to Lessor in good ordersame condition as at commencement of Term, condition and repair, broom-broom clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable normal wear and tear only excepted, and shall promptly remove from the Premises all signs, trash, debris and property of Lessee. Tenant shall repair If upon any damage to the leased premises caused by removal termination of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereofthis Lease herein, Lessee shall be deemed abandonedliable in any amount to Lessor, Lessor shall have a lien upon the personal property and effects of Lessee at the Premises and Lessor may, at its option without notice, sell at public or private sale all or part of said property and effects for such price as Lessor may deem best and apply the proceeds of such sale upon any amount due under this Lease from Lessee to Lessor, including the expenses of removal and sale. In the event Tenant If Lessee remains in possession of the leased premises Premises after the expiration of the term Lease Term, with Lessor’s knowledge and without any renewal term distinct agreement of this Lease without the execution of a new lease but with the acquiescence of Landlordparties, it Lessee shall be deemed a tenant from month to month and such tenancy shall be occupying said premises as a Tenant from month-to-month, subject to all the conditionsprovisions hereof, provisions and obligations of this Lease insofar as except that the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy Monthly Rental shall be considered a renewal term of this Lease. If Tenant desires to lease as negotiated for such holdover period, but not less than the leased premises after Monthly Rental payable during the expiration of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months last month prior to the expiration of the Lease Term or any renewal or extension thereof, and there shall be no renewal of this Lease by operation of law. In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the Demised Premises after the expiration of the Lease Term, it shall so remain as a tenant from month-to-month and all provisions of this Lease applicable to such tenancy shall remain if full force and effect, except that the monthly rental shall be equal to the rental payable for the last month of the term or of the renewal term, Lease plus one hundred per cent (100%) of such amount. The inclusion of the proceeding sentence shall not be construed as the case may beLessor’s permission for Lessee to hold over.
Appears in 1 contract
Surrender Holding Over. 24.01. On the last day of the term of this Lease, or upon any ------------------------------------ renewal term hereof earlier termination of this Lease, or on upon any re-entry by Landlord upon the sooner termination thereofDemised Premises, Tenant shall peaceably quit and surrender the leased premises Demised Premises to Landlord broom clean, in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable repair except for ordinary wear and tear only excepted. and damage by fire or other insured casualty; Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of remove Tenant's property not removed on subject to the last day provisions of the term or any renewal term hereof or on the sooner termination thereofArticle 14 hereof; and Tenant shall surrender to Landlord all keys to offices, shall be deemed abandonedlavatories and mail boxes and all Building identification cards possessed by Tenant's employees.
24.02. In the event If Tenant remains in possession of the leased premises holds over after the expiration or earlier termination of the term and any renewal term of this Lease Term hereof without the execution of a new lease but with the acquiescence express written consent of Landlord, it Tenant shall be deemed to be occupying said premises as become a Tenant from month-to-monthat sufferance only, and shall pay a fee for use and occupancy equal to one hundred fifty percent (150%) of the fixed monthly rent and all additional rent payments in effect upon the date of such expiration or earlier termination of the Term hereof, and otherwise will be subject to all the conditionsterms, provisions covenants and obligations conditions herein specified, so far as applicable. Acceptance by Landlord of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of rent after such month-to-month tenancy expiration or earlier termination shall be considered not result in a renewal term of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of reentry or any rights of Landlord hereunder or as otherwise provided by law. If Tenant desires fails to lease surrender the leased premises after Premises upon the expiration of the term this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss and liability, including, without limitation, any claims made by any succeeding prospective tenant founded on or resulting from such failure to surrender and any renewal term attorney’s fees and costs which Landlord incurs as a result of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may besuch claims.
Appears in 1 contract
Surrender Holding Over. On the last day (a) SURRENDER. The voluntary or other surrender of the term this Lease by Tenant, or any ------------------------------------ renewal term hereof or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination a mutual cancellation thereof, shall be deemed abandoned. In not constitute a merger, and shall, at the event Tenant remains in possession of the leased premises after the expiration of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence option of Landlord, it shall be deemed operate as an assignment to be occupying said premises as a Tenant from month-to-month, subject to Landlord of any or all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancysubleases or subtenancies. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after Upon the expiration of the term and any renewal term or earlier termination of this Lease, Tenant will notify agrees to peaceably surrender the Premises to Landlord broom clean and in a state of good order, repair and condition, ordinary wear and tear and casualty damage (if this Lease is terminated as a result thereof pursuant to Paragraph 20) excepted, together with all of Tenant's desire personal property and Alterations (as defined in Paragraph 13) removed from the Premises to enter into a lease of the leased premises at extent required under Paragraph 13 and all damage caused by such removal repaired as required by Paragraph 13. At least six ninety (690) months days, prior to the expiration date Tenant is to actually surrender the Premises to Landlord, Tenant agrees to give Landlord notice of the term exact date Tenant will surrender the Premises so that Landlord and Tenant can schedule a walk-through of the Premises to review the condition of the Premises and identify the Alterations and personal property which are to remain upon the Premises and which items Tenant is to remove as well as any repairs Tenant is to make upon surrender of the Premises as required by this Lease. During such ninety (90) day period, Landlord may, at its option, retain the services of one or more inspectors or consultants to inspect the renewal termPremises and all equipment and fixtures located therein to determine if they are in the condition required for proper surrender by Tenant. If any such inspections disclose any deficiencies in the condition of the Premises, as Tenant will promptly cause the case may besame to be corrected in a good and workmanlike manner at Tenant's sole cost and expense prior to the surrender date. The delivery of keys to any employee of Landlord or to Landlord's agent or any employee thereof alone will not be sufficient to constitute a termination of this Lease or a surrender of the Premises.
Appears in 1 contract
Sources: Lease (Apria Healthcare Group Inc)
Surrender Holding Over. On (a) In the last day event Tenant gives Landlord notice not more than one hundred twenty (120) days nor less than ninety (90) days prior to the Lease Expiration Date that Tenant, or anyone (including a sublessee) claiming under Tenant, will not immediately surrender the Demised Premises on the expiration of the term Term, Landlord, within thirty (30) days of receipt of such notice, shall provide Tenant with written consent (which Tenant expressly agrees may be withheld for any reason) or shall in its sole and absolute discretion notify Tenant that it does not consent to holding over by Tenant or anyone claiming under Tenant beyond the Lease Expiration Date.
(b) Tenant agrees that it will not occupy or retain or allow occupancy or retention by any ------------------------------------ renewal term hereof or on subtenant of possession of the sooner termination thereofDemised Premises at any time after the expiration of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration of the Term without Landlord's prior written consent, Landlord shall have the right to regain possession of the Demised Premises by any legal process in force at such time. Furthermore, in the event Tenant continues to occupy the Demised Premises after the expiration of the Term without Landlord's prior written consent, Tenant shall peaceably then be liable to pay to Landlord, as liquidated damages, an amount equal to one and one-half (1 1/2) times the total Base Rent being paid immediately prior to the Lease Expiration Date, divided by 365, for each day or part of a day that Tenant occupies the Demised Premises after the date of expiration of the Term, plus any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Demised Premises and to recover said liquidated damages. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease.
(c) If, pursuant to the prior written consent of Landlord, Tenant, or anyone (including a sublessee) claiming under Tenant, does not immediately surrender the leased premises in good order, condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only excepted. Tenant shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipment. Any of Tenant's property not removed Demised Premises on the last day date of the term or any renewal term hereof or expiration of this Lease, then Tenant shall, by virtue of the provisions hereof, become a Tenant by the month at a monthly rental equal to one hundred fifty percent (150%) of the Rent in effect at the termination of the Lease but otherwise on the sooner termination thereofsame terms and provisions of this Lease. Said monthly tenancy shall commence with the first day next after the Lease Expiration Date. Tenant, as a monthly Tenant, shall be deemed abandonedsubject to all of the terms, covenants, and conditions of this Lease. In the event Tenant remains in possession of becomes a monthly Tenant under the leased premises after the expiration of the term and any renewal term provisions of this Lease without Section 30, such tenancy shall be terminable by Landlord upon thirty (30) days' written notice to Tenant, except in the execution event of a new lease but with the acquiescence non-payment of LandlordBase Rent, it Additional Rent, or any other charge or cost, in which case, Tenant shall be deemed to be occupying said premises as a have waived its right to receive any notice to quit.
(d) At the expiration or earlier termination of the Term, Tenant from month-to-monthshall surrender the Demised Premises, subject including all Alterations, to all the conditions, provisions and obligations of this Lease insofar as Landlord in the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease condition as on the leased premises after the expiration of the term Lease Commencement Date, ordinary wear and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term tear and damage by fire or the renewal term, as the case may beother casualty excepted.
Appears in 1 contract
Sources: Lease Agreement (Silver Diner Development Inc /Md/)
Surrender Holding Over. On Upon the last day expiration of this Lease or the term or any ------------------------------------ renewal term hereof or on the sooner earlier termination thereofof Tenant's right to possession, Tenant shall peaceably surrender immediately vacate the leased premises Premises, remove all of its personal property therefrom and leave the Premises in good order, the condition and repair, broom-clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only exceptedrequired by this Lease. Tenant shall repair any damage Any property required to be removed pursuant to the leased premises caused by removal terms of Tenant's trade fixtures or equipment. Any of Tenant's property this Lease and not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned, and Tenant shall be liable for all costs of removal and disposal. In If Tenant continues to occupy the event Premises or any part thereof, after the expiration or termination of the Term, whether with or without the consent of the Landlord, such tenancy shall be at will (except that Landlord shall have the right, by giving written notice thereof to Tenant at time while Tenant remains in possession of the leased premises after the expiration any portion of the term and any renewal term of this Lease without the execution of a new lease but with the acquiescence of LandlordPremises, it shall be deemed to be occupying said premises as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable convert such holdover to a month-to-to month tenancy. The period ) and Tenant shall continue to be bound by all of such month-to-month tenancy the terms and conditions of this Lease except that the monthly rent shall be considered a renewal term of one and one-half (1-1/2) times the Base Rent and Tenant's Additional Rent payable immediately prior to such expiration or termination. No holding over by Tenant after the Term shall be construed to extend this Lease. The entitlement to the holdover rental amount will be Landlord's exclusive right and remedy against Tenant for any holdover not in excess of sixty (60) days and will be deemed to cover all liabilities, obligations or charges which may be incurred by Landlord because of a holdover by Tenant which does not exceed sixty (60) days, but neither this Section 30 nor the acceptance of any rent shall prevent Landlord from exercising any remedy to regain immediate possession of the Premises. If Tenant desires holds over for a period in excess of sixty (60) days, Tenant shall be liable to lease the Landlord for all damages which Landlord sustains because of such hold over including all claims for damages by any tenant to whom Landlord may have leased premises after the expiration all or any part of the term Premises effective upon the termination of this Lease and for any other liability, loss, cost, damage or expense (including attorneys' fees, disbursements of counsel and any renewal term costs of this Lease, Tenant will notify suit) incurred by Landlord as a result of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may besuch holding over.
Appears in 1 contract
Sources: Office Lease (Capella Education Co)
Surrender Holding Over. On the last day expiration or earlier termination of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereofthis Lease, Tenant shall peaceably surrender yield up the leased premises Premises to Landlord in good order, the same condition and repairrepair in which the Premises were on the date Tenant took possession of the Premises, broom-cleanor as the same may have been improved during the Term, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only tear, obsolescence, damage caused by the negligent acts (but not negligent omissions) or willful misconduct of Landlord, its agents, employees, invitees, contractors and others for whom Landlord is legally responsible, and damage caused by any breach of any of Landlord’s obligations under this Lease, excepted, and subject to fire and casualty and condemnation which shall be governed by the applicable provisions of this Lease. Except as set forth at Section 7(d) and at Exhibit H, Tenant shall not be required to remove any Tenant Improvements or permanent alterations or other permanent improvements to the Premises; however, Tenant shall have the right to remove any trade fixtures or equipment, provided it shall repair any damage to the leased premises caused by removal of Tenant's trade fixtures or equipmentPremises resulting therefrom. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event If Tenant remains in possession of the leased premises Premises after the expiration of the term and Term, or after any renewal term permitted termination of this Lease without the execution of a new lease but with the acquiescence of by Landlord, it with Landlord’s acquiescence and without any written agreement between the parties, Tenant shall be deemed to a tenant at sufferance and such tenancy shall be occupying said premises as a Tenant from month-to-month, subject to all the conditionsprovisions hereof, provisions and obligations except that the Monthly Base Rental for said holdover period shall be one hundred fifty percent (150%) of the amount of Rent due in the last full month of the Term. There shall be no renewal of this Lease insofar as the same can be applicable to a month-to-month tenancyby operation of law. The period of such month-to-month tenancy Nothing in this Paragraph shall be considered construed as a renewal term consent by Landlord to the possession of this Lease. If the Premises by Tenant desires to lease the leased premises after the expiration or earlier termination of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may beTerm.
Appears in 1 contract
Sources: Lease Agreement (Diodes Inc /Del/)
Surrender Holding Over. On This Lease shall terminate at 11:59 p.m. on the last day of the term expiration of the Lease Term without the necessity of notice from either Landlord or any ------------------------------------ renewal term hereof Tenant. Upon the expiration or on termination of this Lease (or such other time as Tenant may vacate the sooner termination thereofPremises, notwithstanding that so vacating may constitute a default), Tenant shall peaceably surrender peacefully surrender, quit and vacate the leased premises Premises and deliver up same to Landlord in accordance with the terms of this Lease and in good order, condition and repair, broom-cleanas the same shall be on the date Tenant opens for business in the Premises, fire and other casualty insurable under Standard Hazard Insurance and reasonable or the date any subsequent improvements to the Premises are completed, ordinary wear and tear only and damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted, broom clean, with all trash removed. Tenant shall repair any damage also deliver to Landlord all keys to the leased premises caused by removal Premises and shall inform Landlord of Tenant's trade fixtures or equipment. Any of Tenant's property not removed all combinations and codes on any locks, alarms, safes and vaults in the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandonedPremises. In the event of holding over by Tenant remains after expiration or other termination of this Lease, or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession pursuant to Paragraph 24(b) hereof, Tenant shall, throughout the entire holdover period, pay Rent equal to twice the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of the leased premises such holding over by Tenant. No holding over by Tenant after the expiration of the term and any renewal Lease Term shall be construed to extend the term of this Lease without the execution of a new lease but with the acquiescence of LandlordLease, it and Tenant shall be deemed to be occupying said premises a tenant-at-sufferance during such holdover period. If, as a Tenant from month-to-month, subject to all direct result of Tenant's holding over in the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises Premises after the expiration of the term and any renewal term or other termination of this Lease, Tenant will notify Landlord of Tenant's desire suffers damages or incurs additional obligations to enter into a lease any third party who has leased part or all of the leased premises at least six (6) months prior Premises, Tenant shall indemnify Landlord to the expiration extent of the term such damages or the renewal termadditional obligations, as the case may beincluding without limitation Landlord's attorneys' fees.
Appears in 1 contract
Surrender Holding Over. On This Lease shall terminate at 11:59 p.m. on the last day of the term expiration of the Lease Term without the necessity of notice from either Landlord or any ------------------------------------ renewal term hereof Tenant. Upon the expiration or on termination of this Lease (or such other time as Tenant may vacate the sooner termination thereofPremises, notwithstanding that so vacating may constitute a default), Tenant shall peaceably surrender peacefully surrender, quit and vacate the leased premises Premises and deliver up same to Landlord in accordance with the terms of this Lease and in good order, condition and repair, broom-as the same shall be on the date Tenant opens for business in the Premises, or the date any subsequent improvements to the Premises are completed, damage by fire or other insured casualty for which Landlord has received the applicable proceeds excepted, broom clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable wear and tear only exceptedwith all trash removed. Tenant shall repair any damage also deliver to Landlord all keys to the leased premises caused by removal Premises and shall inform Landlord of Tenant's trade fixtures or equipment. Any of Tenant's property not removed all combinations and codes on any locks, alarms, safes and vaults in the last day of the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandonedPremises. In the event of holding over by Tenant remains after expiration or other termination of this Lease, or in possession the event Tenant continues to occupy the Premises after the termination of Tenant's right of possession, Tenant shall, throughout the leased premises entire holdover period, pay Rent equal to twice the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant after the expiration of the term and any renewal Lease Term shall be construed to extend the term of this Lease without the execution of a new lease but with the acquiescence of LandlordLease, it and Tenant shall be deemed to be occupying said premises a tenant-at-sufferance during such holdover period. If, as a Tenant from month-to-month, subject to all result of Tenant's holding over in the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises Premises after the expiration of the term and any renewal term or other termination of this Lease, Tenant will notify Landlord of Tenant's desire suffers damages or incurs additional obligations to enter into a lease any third party who has leased part or all of the leased premises at least six (6) months prior Premises, Tenant shall indemnify Landlord to the expiration extent of the term such damages or the renewal termadditional obligations, as the case may beincluding without limitation Landlord's attorneys' fees.
Appears in 1 contract
Surrender Holding Over. On the last day of the term or any ------------------------------------ renewal term hereof or (a) This Lease shall terminate on the sooner termination thereofLease Expiration Date without the necessity of notice from either Landlord or Tenant. Upon the Lease Expiration Date, Tenant shall peaceably quit and surrender to Landlord the leased premises in good order, condition and repairPremises, broom-clean, fire in good order and other casualty insurable under Standard Hazard Insurance and reasonable condition, ordinary wear and tear only excepted; and shall surrender to Landlord all keys to or for the Premises.
(b) Tenant shall remove all of Tenant’s Property (and any Leasehold Improvements as Landlord may direct) prior to the Lease Expiration Date or the termination of Tenant’s right to possession. Tenant shall repair any damage to the leased premises remaining Leasehold Improvements, the Premises or any other portion of the Building or the Project caused by removal such removal. If Tenant fails to timely remove said items, they shall be considered as abandoned and shall become the property of Landlord, or Landlord may have them removed and disposed of at Tenant's trade fixtures or equipment. Any of Tenant's property not removed ’s sole cost and expense, which shall be reimbursed to Landlord by ▇▇▇▇▇▇, as Additional Rent, upon demand
(c) If Tenant fails to vacate the Premises on the last day Lease Expiration Date, Landlord shall have the benefit of all provisions of law respecting the term or any renewal term hereof or on the sooner termination thereof, shall be deemed abandoned. In the event Tenant remains in speedy recovery of possession of the leased premises Premises (whether by summary proceedings or otherwise). In addition to and not in limitation of the foregoing, occupancy subsequent to the Lease Expiration Date (“Holdover Occupancy”) shall be a tenancy at will. Holdover Occupancy shall be subject to all terms, covenants, and conditions of the Lease (including those requiring payment of Additional Rent), except that the Base Rent for each day that Tenant holds over (“Holdover Minimum Rent”) shall be equal to one and one-half (1-1/2) times the per diem Base Rent payable in the last Lease Year. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration or other termination of the term Term and that any renewal term breach or other violation of the provisions of this Lease Section 32 may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting of the execution Premises and/or other portions of a new lease but with the acquiescence of Landlord, it Building). Landlord shall be deemed entitled to be occupying said premises recover all damages, including lost business opportunity regarding any prospective tenant(s) for the Premises, suffered by Landlord as a Tenant from month-to-month, subject to all the conditions, provisions and obligations of this Lease insofar as the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy shall be considered a renewal term of this Lease. If Tenant desires to lease the leased premises after the expiration of the term and any renewal term of this Lease, Tenant will notify Landlord result of Tenant's desire to enter into a lease of the leased premises at least six (6) months prior to the expiration of the term or the renewal term, as the case may be.’s Holdover Occupancy
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Sources: Lease (Assure Holdings Corp.)
Surrender Holding Over. On the last day At termination of the term or any ------------------------------------ renewal term hereof or on the sooner termination thereofthis Lease, Tenant Lessee shall peaceably surrender the leased premises Premises and keys thereof to Lessor in good ordersame condition as at commencement of Term, condition and repair, broom-broom clean, fire and other casualty insurable under Standard Hazard Insurance and reasonable normal wear and tear only excepted, and shall promptly remove from the Premises all signs, trash, debris and property of Lessee. Tenant shall repair If upon any damage to the leased premises caused by removal termination of Tenant's trade fixtures or equipment. Any of Tenant's property not removed on the last day of the term or any renewal term hereof or on the sooner termination thereofthis Lease herein, Lessee shall be deemed abandonedliable in any amount to Lessor, Lessor shall have a lien upon the personal property and effects of Lessee at the Premises and Lessor may, at its option without notice, sell at public or private sale all or part of said property and effects for such price as Lessor may deem best and apply the proceeds of such sale upon any amount due under this Lease from Lessee to Lessor, including the expenses of removal and sale. In the event Tenant If Lessee remains in possession of the leased premises Premises after the expiration of the term Lease Term, with Lessor’s knowledge and without any renewal term distinct agreement of this Lease without the execution of a new lease but with the acquiescence of Landlordparties, it Lessee shall be deemed a tenant from month to month and such tenancy shall be occupying said premises as a Tenant from month-to-month, subject to all the conditionsprovisions hereof, provisions and obligations of this Lease insofar as except that the same can be applicable to a month-to-month tenancy. The period of such month-to-month tenancy Monthly Rental shall be considered a renewal term of this Lease. If Tenant desires to lease as negotiated for such holdover period, but not less than the leased premises after Monthly Rental payable during the expiration of the term and any renewal term of this Lease, Tenant will notify Landlord of Tenant's desire to enter into a lease of the leased premises at least six (6) months last month prior to the expiration of the Lease Term or any renewal or extension thereof, and there shall be no renewal of this Lease by operation of law. In the absence of any written agreement to the contrary, if Lessee should remain in occupancy of the Demised Premises after the expiration of the Lease Term, it shall so remain as a tenant from month-to-month and all provisions of this Lease applicable to such tenancy shall remain if full force and effect, except that the monthly rental shall be equal to the rental payable for the last month of the term or of the renewal term, Lease plus one hundred percent (100%) of such amount. The inclusion of the proceeding sentence shall not be construed as the case may beLessor’s permission for Lessee to hold over.
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