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Holdover
Holdover contract clause examples

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 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. For the avoidance of doubt, if Tenant fails to vacate the Early Termination Premises on or before the Early Termination Date, such failure to vacate shall constitute a holdover under [Article 16] of the Lease and, notwithstanding anything to the contrary contained in the Lease, if Tenant does not vacate the Early Termination Premises on or before January 10, 2020, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to (or consequential damages suffered by) Landlord resulting therefrom.

Holdover. Landlord shall not be liable for the failure to give possession of any Right of First Offering Space to Tenant by reason of the unauthorized holding over or retention of possession by any other tenant or occupant thereof, and no such failure shall impair the validity of this Lease or extend the Term thereof. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to obtain possession of the Right of First Offering Space if any other tenant or occupant fails to timely deliver prior to the commencement date for the Right of First Offering Space contemplated by the amendment executed pursuant to [Section 26.1.2].

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 Sublessee remains in possession of either the Subleased Premises after the last day of the occupancy of such Subleased Premises as set forth in Section 1 (as the case may be) without the express written consent of Sublessor, # Sublessee shall become a tenant at sufferance upon the terms of this Sublease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and # Sublessee shall be responsible for all damages suffered by Sublessor resulting from or occasioned by Sublessee’s holding over, including consequential damages. No holding over by Sublessee, whether with or without consent of Sublessor, shall operate to extend this Sublease. Acceptance by Sublessor of Rent after the expiration of the Term or earlier termination of this Sublease shall not result in a renewal or reinstatement of this Sublease.

Holdover. If Subtenant does not surrender the Subleased Premises by the Expiration Date in accordance with the terms of this Sublease, Subtenant shall indemnify, defend, protect and hold harmless Sublandlord from and against all loss and liability resulting from Subtenant’s delay in surrendering the Subleased Premises to Sublandlord, and the holdover rent under [Article 12] of the Master Lease shall be 200% of the Base Rent.

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 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, # Tenant shall, for the first thirty (30) days after the Expiration Date, pay Base Rent at 150% of the highest rate of Base Rent payable during the Term, and thereafter 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 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 or affect Tenant’s status as a tenant-at-sufferance during any holdover period.

Holdover. If Subtenant holds over after the termination or expiration of the Term then Base Rent for any holdover period shall be a monthly amount equal to the Holdover Percentage (as defined in the Lease) of the monthly Base Rent and Subtenant Additional Rent in effect as of the month prior to termination or expiration of the Term; provided that this sentence shall not imply or constitute any agreement or consent on the part of [[Organization A:Organization]] to any holding over by Subtenant. Such holdover rent shall not in any manner limit [[Organization A:Organization]]'s or Landlord's rights or remedies to obtain possession of the Subleased Premises. In addition, Subtenant shall indemnify and defend Landlord and [[Organization A:Organization]] from and against all claims and damages, both consequential and direct, that Landlord or [[Organization A:Organization]] suffer due to Subtenant's holdover. For the avoidance of doubt, in the event Subtenant holds over after the termination or expiration of the Term, in addition to the holdover rent hereunder, Subtenant shall fully and timely pay to [[Organization A:Organization]] # the difference between the holdover rent owed by [[Organization A:Organization]] to Landlord under the Lease and the holdover rent payable under this Sublease; and # all sums that [[Organization A:Organization]] is required to indemnify Landlord for under [Section 31.1] of the Lease. [[Organization A:Organization]]'s acceptance of Base Rent, Subtenant Additional Rent, or any other sums from Subtenant during any holdover will not, by itself, constitute [[Organization A:Organization]]'s consent to such holdover, or create or renew any tenancy.

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