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Holdover
Holdover contract clause examples

Holdover. [Section 4.2] of the Lease is hereby deleted in its entirety and replaced with the following:

Holdover. Tenant is not permitted to hold over possession of the Premises after the expiration or earlier termination of the Lease Term without the express prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term with or without the express written consent of Landlord, then, in addition to all other remedies available to Landlord at law or at equity or under this Lease, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Additional Rent under this Lease), but at a Base Rent equal to one hundred fifty percent (150%) of the Base Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by Landlord of Rent after such expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of this Lease. This [Section 25.1] shall not be construed to create any express or implied right to holdover beyond the expiration of the Lease Term or any extension thereof. Tenant shall be liable, and shall pay to Landlord within ten (10) days after demand, for all losses incurred by Landlord as a result of such holdover, and shall indemnify, defend and hold Landlord and the Landlord Indemnitees harmless from and against all liabilities, damages, losses, claims, suits, costs and expenses (including reasonable attorneys' fees and costs) arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by a proposed succeeding tenant. Tenant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Lease. The foregoing provisions of this [Article XXV] are in addition to, and do not affect, Landlord's right of re-entry or any other rights of Landlord hereunder or otherwise at law or in equity, including Landlord's right to enter upon the Premise without notice to Tenant, by use of a duplicate key, master key a locksmith's entry procedures or any other means not involving personal confrontation and to alter or change the door locks and/or other security devices on all entry doors of the Premises, thereby depriving Tenant access to the Premises.

HOLDOVER. If Subtenant remains in possession of the Subleased Premises after the Expiration Date or earlier termination of the this Sublease without a new written sublease or written extension of this Sublease, # Subtenant shall be deemed a tenant at will, # Subtenant shall continue to pay the Fixed Rent and Additional Rent provided in this Sublease, except that during any such period the Fixed Rent payable under this Sublease shall be One Hundred Fifty Percent (150%) of the Fixed Rent and Additional Rent payable for the month immediately preceding the Expiration Date or earlier termination of this Sublease, # there shall be no renewal or extension of this Sublease by operation of law, # notwithstanding any law, regulation, ordinance or governmental order to the contrary, such tenancy at will may be terminated upon thirty (30) days’ notice from Sublandlord, and # Subtenant shall be liable to Sublandlord for the actual damages suffered and expenses incurred by Sublandlord on account of such holdover. Notwithstanding anything to the contrary, the acceptance of any rent paid by Subtenant hereunder shall not preclude Sublandlord from commencing and prosecuting a holdover or summary eviction proceeding.

Holdover. In the event that Subtenant does not surrender the Subleased Premises by the Expiration Date in accordance with the terms of this Sublease, Subtenant shall indemnify, protect, defend and hold harmless both Sublandlord and Master Landlord and their respective officers, directors, employees, agents and assigns, from and against any and all loss and liability resulting from Subtenant's delay in surrendering the Subleased Premises and shall pay Sublandlord holdover rent as provided in Section 16 of the Master Lease, as incorporated herein.

Holdover. The parties hereby acknowledge that it is critical that Sublessee surrender the Sublease Premises to Sublessor no later than the Expiration Date or earlier termination of this Sublease in accordance with the terms of this Sublease. If with Sublessor’s consent Sublessee remains in possession of all or any portion of the Sublease Premises after the Expiration Date or earlier termination of this Sublease, Sublessee shall pay Sublessor holdover rent in the amount of one hundred fifty percent (150%) of the Monthly Base Rent payable by Sublessee during the last month of the Term, and one hundred percent of the Additional Rent payable pursuant to Paragraph 3.B. above, prorated based on the number of days of holdover. The obligations set forth in this Paragraph 27 shall survive the expiration or earlier termination of this Sublease.

Holdover. If the Premises are not surrendered at the expiration or earlier termination of the Term, Tenant shall # pay for the use and occupancy of the Premises at a rate equal to 150% times the rate of Fixed Rent in effect immediately prior to the expiration of the Term, on a daily basis, for each day until the date of surrender of the Premises for the first 60 days of such holdover, and, thereafter, 200% of such rate, in each case together with all amounts of Additional Rent due under this Lease; and # if Tenant shall so hold over in the Premises for more than thirty (30) days, indemnify Landlord against any and all damages, costs, expenses, loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, any loss of any tenancy or any damages paid to any tenant on account of failure to deliver the space when and as required to be delivered by Landlord together with Landlord’s other costs including reasonable legal fees and litigation expenses of enforcing this Lease. Any holding over by Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance. Nothing in this [Article 18] shall be deemed to be a waiver of any of Landlord’s rights or remedies under this Lease, at law or otherwise except as expressly set forth herein.

Holdover. If any of the Tenant Parties holds over (which term shall include, without limitation, the failure of Tenant or any Tenant Party to perform all of its obligations under Section 21.1 above) after the end of the Term, Tenant shall be deemed a tenant-at-sufferance subject to the provisions of this Lease. Whether or not Landlord has previously accepted payments of Rent from Tenant:

Holdover. If any of the Tenant Parties holds over (which term shall include, without limitation, the failure of Tenant or any Tenant Party to perform all of its obligations under Section 21.1 above) after the end of the Term, Tenant shall be deemed a tenant-at-sufferance subject to the provisions of this Lease; provided that whether or not Landlord has previously accepted payments of Rent from Tenant, # for the first thirty (30) days of any such holding over, Tenant shall pay Base Rent at 150% of the highest rate of Base Rent payable during the Term, and thereafter, Tenant shall pay Base Rent at 200% of the highest rate of Base Rent payable during the Term, # Tenant shall continue to pay to Landlord all Additional Rent, and # Tenant shall be liable for all damages, including without limitation lost business and consequential damages, incurred by Landlord as a result of any holding over that continues for more than sixty (60) days, Tenant hereby acknowledging that Landlord may need the Premises after the end of the Term for other tenants and that the damages which Landlord may suffer as the result of Tenant’s holding over cannot be determined as of the Execution Date. Nothing contained herein shall grant Tenant the right to holdover after the expiration or earlier termination of the Term.

Holdover. If any of the Tenant Parties holds over (which term shall include, without limitation, the failure of Tenant or any Tenant Party to perform all of its obligations under Section 21.1 above) after the end of the Term, Tenant shall be deemed a tenant-at-sufferance subject to the provisions of this Lease; provided that whether or not Landlord has previously accepted payments of Rent from Tenant, # for the first sixty (60) days of any such holding over, Tenant shall pay Base Rent at 150% of the highest rate of Base Rent payable during the Term, and thereafter, Tenant shall pay Base Rent at 200% of the highest rate of Base Rent payable during the Term, # Tenant shall continue to pay to Landlord all Additional Rent, and # Tenant shall be liable for all damages, including without limitation lost business and consequential damages, incurred by Landlord as a result of such holding over, Tenant hereby acknowledging that Landlord may need the Premises after the end of the Term for other tenants and that the damages which Landlord may suffer as the result of Tenant’s holding over cannot be determined as of the Execution Date. Nothing contained herein shall grant Tenant the right to holdover after the expiration or earlier termination of the Term.

Holdover. If Sub-Subtenant fails to surrender the Premises in accordance with the terms and conditions of this Sub-Sublease on or before the Expiration Date or earlier termination of this Sub-Sublease, such tenancy shall be from month-to-month only, at a rental rate that is 150% of the monthly Rent payable under this Sub-Sublease immediately prior to termination or expiration of this Sub-Sublease, and shall not constitute a renewal or extension of this Sub-Sublease.

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