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Holdover
Holdover contract clause examples

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. Tenant agrees to pay to Landlord twice the total of all Base Rent then applicable for each month or portion thereof (in the event of a portion of a month, the Base Rent shall be pro-rated on a per diem basis) that Tenant shall retain possession of the Premises or any part thereof after the termination of this Lease (unless and to the extent such holding over shall be pursuant to a written agreement between Landlord and Tenant), whether by lapse of time or otherwise, and also to pay all damages sustained by Landlord on account thereof; the provisions of this subsection shall not operate as a waiver by Landlord of any right of re-entry provided in this Lease or under law. Tenant shall also pay all reasonable legal fees and damages incurred by Landlord as a result of such holdover.

treat Tenant's possession as a holdover, in accordance with the provisions of [Section 26] of the Lease;

Tenant acknowledges that it is extremely important that Landlord have substantial advance notice in the event Tenant will not vacate the Premises upon expiration of the Lease Term, and acknowledges that if Tenant fails to surrender the Premises or any portion thereof at the expiration or earlier termination of the Lease Term, then it will be presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Rent and additional rent that would have been payable had the Lease Term continued during such holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender full possession of the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term in the condition required by this Lease, then the holdover fee payable by Tenant hereunder for each month or partial month of such holdover shall equal the greater of # the fair market rent for the entire Premises, or # one hundred fifty percent (150%) of the Base Rent, Tenant’s Proportionate Share of Operating Charges and Tenant’s Proportionate Share of Real Estate Taxes, other additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period (collectively, “Holdover Rent”). Such Holdover Rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises has been vacated and full possession thereof surrendered by Tenant to Landlord in the condition required under this Lease. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such holdover fee shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages, provided that Landlord’s sole and exclusive remedy on account of Tenant’s holdover in the Premises for a period of not greater than sixty (60) days shall be Holdover Rent. Any such holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. For purposes hereof, Tenant shall be deemed to have surrendered the Premises notwithstanding Tenant’s failure to comply with Tenant’s removal obligations set forth in this Lease, if and only to the extent that such failure is the result of Tenant’s failure to remove one or more items of a non-material nature in the aggregate that do not adversely interfere in any material respect with the surrender of possession of the entire Premises to Landlord or the entry, work activities, or use of the Premises by Landlord or the next tenant thereof. Any such item(s) shall be deemed abandoned and subject to removal by Landlord at Tenant’s expense in accordance with the terms hereof.

any Lease, # any rejection, termination, surrender or cancellation of any Lease (including in any bankruptcy case) or any lease buy-out or surrender payment from any Tenant (including any payment relating to unamortized tenant improvements and/or leasing commissions), and # any sum received from any Tenant to obtain a consent to an assignment or sublet or otherwise, or any holdover rents or use and occupancy fees from any Tenant or former Tenant (to the extent not being paid for use and occupancy or holdover rent); and

Failure to Timely Clean-Up. Should any Clean-up for which Tenant is responsible not be completed, or should Tenant not receive the Closure Letter and any governmental approvals required under Environmental Laws in conjunction with such Clean-up prior to the expiration or earlier termination of this Lease, then, commencing on the later of the termination of this Lease and three (3) business days after Landlord's delivery of notice of such failure and that it elects to treat such failure as a holdover, Tenant shall be liable to Landlord as a holdover tenant (as more particularly provided in Article 16) until Tenant has fully complied with its obligations under this Section 5.3.

End of Term. As of the Effective Date, Paragraph 52 of the Rider to the Original Lease is hereby modified and amended # to add the words “(i) pay as use and occupancy for each month of the holdover or any portion thereof (including the time holding over in occupancy after the issuance of a judgment of possession and warrant of eviction through the date the Landlord regains possession of the Premises) an amount equal to” after the words “ shall” in the third line of such paragraph; and # to add the words “in the event the holdover period extends beyond sixty (60) days” at the beginning of both [subsections (ii) and (iii)])].

Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Article 27.

and will be required to pay on a per diem basis # 50% of the Base Annual Rent (as defined in the Lease) with respect to the Surrender Premises at the rates which would otherwise be in effect for the Surrender Premises pursuant to the terms of the Original Lease as if it was not a holdover and

Condition of the Building and Premises Upon Surrender. In addition to the above requirements of this Article 15, upon the expiration of the Lease Term, or upon any earlier termination of this Lease, Tenant shall, surrender the Premises and Building such that the same are in compliance with all Applicable Laws and with Tenant having complied with all of Tenant’s obligations under this Lease, including those relating to improvement, repair, maintenance, compliance with law, testing and other related obligations of Tenant set forth in Article 7 of this Lease. In the event that the Building and Premises shall be surrendered in a condition which does not comply with the terms of this Section 15.4, because Tenant failed to comply with its obligations set forth in Lease, then following thirty (30) days’ notice to Tenant, during which thirty (30) day period Tenant shall have the right to cure such noncompliance, Landlord shall be entitled to expend all reasonable costs in order to cause the same to comply with the required condition upon surrender and Tenant shall immediately reimburse Landlord for all such costs upon notice and Tenant shall be deemed during the period that Tenant or Landlord, as the case may be, perform obligations relating to the Surrender Improvements to be in holdover under Article 16 of this Lease.

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