Grouped Into 22 Collections of Similar Clauses From Business Contracts
This page contains Holding Over clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Holding Over. If Sub-Subtenant holds over after the expiration of the Sub-Sublease Term or earlier termination of this Sub-Sublease, with or without the express or implied consent of Sub-Sublandlord, then at the option of Sub-Sublandlord, Sub-Subtenant will become and be only a month-to-month tenant at a rent equal to two hundred percent (200%) of the Rent payable by Sub-Subtenant immediately prior to such expiration or termination, and otherwise upon the terms, covenants and conditions herein specified. Notw...ithstanding any provision to the contrary contained herein, (i) Sub-Sublandlord expressly reserves the right to require Sub-Subtenant to surrender possession of the Sublease Premises upon the expiration of the Sub-Sublease Term or upon the earlier termination of this Sub-Sublease and the right to assert any remedy at law or in equity to evict Sub-Subtenant and/or collect damages in connection with any holding over, and (ii) Sub-Subtenant will indemnify, defend and hold Sub-Sublandlord harmless from and against any and all liabilities, claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, reasonable attorneys' fees incurred or suffered by Sub-Sublandlord by reason of Sub-Subtenant' s failure to surrender the Sublease Premises on the expiration of the Sub-Sublease Term or earlier termination of this Sub-Sublease.View More
Holding Over. If Sub-Subtenant holds over after shall have no right to holdover in the expiration Sub-Subleased Premises pursuant to this Sub-Sublease as of the Sub-Sublease Term Expiration Date or earlier termination of this Sub-Sublease, with Sub- Sublease. If Sub-Subtenant does not surrender and vacate the Sub-Subleased Premises as and when provided for herein, Sub-Subtenant shall be a tenant at sufferance, and the parties agree that the Rent during such holdover period shall be Fifty Thousand and No/100 D...ollars ($50,000.00) per month on account of Base Rent (which shall be payable on the first day of each month, without any prior notice or demand and without any deductions or setoff whatsoever), plus all Additional Rent payable hereunder. No holding over by Sub-Subtenant shall operate to extend the express or implied consent Sub- Sublease Term. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sub-Sublandlord, then at if Sub-Subtenant fails to surrender the option of Sub-Sublandlord, Sub-Subleased Premises upon the Expiration Date, in addition to any other liabilities to Sub-Sublandlord accruing therefrom, Sub-Subtenant will become and shall be only a month-to-month tenant at a rent equal liable to two hundred percent (200%) Sub-Sublandlord for any obligations imposed pursuant to Section 8 of the Rent payable by Sub-Subtenant immediately prior to such expiration or termination, Master Lease and otherwise upon the terms, covenants and conditions herein specified. Notwithstanding any provision to the contrary contained herein, (i) Sub-Sublandlord expressly reserves the right to require Sub-Subtenant to surrender possession Section 18 of the Sublease Premises upon the expiration as a result of the Sub-Sublease Term or upon the earlier termination of this Sub-Sublease and the right to assert any remedy at law or in equity to evict Sub-Subtenant and/or collect damages in connection with any such holding over, and (ii) Sub-Subtenant will indemnify, defend and hold Sub-Sublandlord harmless from and against any and shall be responsible for all liabilities, claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, reasonable attorneys' fees incurred or damages suffered by Sub-Sublandlord resulting from or occasioned by reason of Sub-Subtenant' s failure such holding over, including consequential damages. -15- 19. 24 Hour Access. Subject to surrender the Sublease Premises on the expiration terms of the Sub-Sublease Term Master Lease, all applicable laws and reasonable rules and regulations and access control procedures promulgated by Sub-Sublandlord, Sub-Subtenant shall have access to the Building and the Sub-Subleased Premises twenty-four (24) hours per day, seven (7) days per week, except for full or earlier termination of this Sub-Sublease. partial closures which may be required from time to time for construction, maintenance, repairs, actual or threatened emergency or other events or circumstances which make it reasonably necessary to temporarily restrict or limit access. Access to the Building shall be controlled by Verily Site Operations, which shall recognize Sub- Subtenant's right to access as provided herein. View More
Holding Over. Sub-Subtenant shall have no right to holdover. If Sub-Subtenant holds over after does not surrender and vacate the expiration Premises at the Expiration Date of this Sub-Sublease, Sub-Subtenant shall be a tenant at sufferance, or at the sole election of Sub-Sublandlord, a month to month tenancy, and the parties agree in either case that the reasonable rental value, if at sufferance, or the Rent if a month to month tenancy shall be Rent at the greater of (1) the monthly rate of one hundred fifty ...percent (150%) of the monthly Rent set forth in Section 4, or (2) the fair market value for the Premises; provided however, if Sub-Subtenant causes Sub-Sublandlord to be in holdover under the Master Sublease, then such rent shall be increased to the holdover rent due to Master Sublandlord from Sub-Sublandlord under the holdover provisions of the Master Sublease, including, but not limited to, operating expenses and property taxes due and payable during such holdover period of time. In connection with the foregoing, Sub-Sublandlord and Sub-Subtenant agree that the reasonable rental value of the Premises following the Expiration Date of the Sub-Sublease Term or earlier termination of this Sub-Sublease, with or without shall be the express or implied consent of Sub-Sublandlord, then at amounts set forth above per month. Sub-Sublandlord and Sub-Subtenant acknowledge and agree that, under the option of Sub-Sublandlord, Sub-Subtenant will become and be only a month-to-month tenant at a rent equal to two hundred percent (200%) circumstances existing as of the Rent payable by Sub-Subtenant immediately prior Effective Date, it is impracticable and/or extremely difficult to such expiration or termination, ascertain the reasonable rental value of the Premises on the Expiration Date and otherwise upon that the terms, covenants and conditions reasonable rental value established herein specified. Notwithstanding any provision to is a reasonable estimate of the contrary contained herein, (i) damage that Sub-Sublandlord expressly reserves would suffer as the right to require result of the failure of Sub-Subtenant to timely surrender possession of the Sublease Premises. The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Sub-Sublandlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to C-9 2950 South Delaware St. Upstart Holdings, Inc. San Mateo, CA all other rights and remedies on the part of Sub-Sublandlord if Sub-Subtenant fails to surrender the Premises upon the termination or expiration of the Sub-Sublease Term or upon the earlier termination of this Sub-Sublease and the right Sub-Sublease, in addition to assert any remedy at law or in equity other liabilities to evict Sub-Sublandlord accruing therefrom, Sub-Subtenant and/or collect damages in connection with any holding over, and (ii) Sub-Subtenant will shall indemnify, defend and hold Sub-Sublandlord harmless from and against any and all liabilities, claims, demands, actions, losses, damages, obligations, costs and expenses, Claims resulting from such failure, including, without limitation, reasonable attorneys' fees incurred or suffered any Claims by Sub-Sublandlord by reason of Sub-Subtenant' s any third parties based on such failure to surrender the Sublease Premises on the expiration of the Sub-Sublease Term or earlier termination of this Sub-Sublease. and any lost profits to Sub-Sublandlord resulting therefrom. View More
Holding Over. Tenant will, at the expiration or termination of this Lease by lapse of time or otherwise, yield up immediate possession to Landlord. If Landlord agrees in writing that Tenant may hold over after the expiration or termination of this Lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the hold over tenancy shall be subject to termination at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of ...this Lease shall be applicable during that period, except Tenant shall pay Landlord as Rent for the period of any hold over, an amount equal to one-hundred fifty percent (150%) of the Base Rent in effect on the termination date, plus all Additional Rent, computed on a daily basis for each day of the hold over period. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Section 17 shall not be construed as Landlord's consent for Tenant to hold over.View More
Holding Over. Tenant will, shall, at the expiration or termination of this Lease by lapse of time or otherwise, yield up deliver immediate possession of the Premises to Landlord. If Landlord agrees in writing that Tenant may hold over after the expiration or termination of this Lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the hold over tenancy shall be subject to termination by Landlord at any time upon not less than five (5) days advance written notice, or by... Tenant at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of this Lease shall be applicable during that period, except that Tenant shall pay Landlord from time to time, upon demand, as Rent rent for the period of any such hold over, an amount equal to one-hundred one hundred fifty percent (150%) of the Base Rent in effect on the termination date, plus all Additional Rent, computed on a daily basis for each day of the hold over period. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Section 17 Paragraph 19 shall not be construed as Landlord's consent for Tenant to hold over. View More
Holding Over. Tenant will, shall, at the expiration or termination of this Lease by lapse of time or otherwise, yield up deliver immediate possession of the Premises to Landlord. If Landlord agrees in writing that Tenant may hold over after the expiration or termination of this Lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the hold over tenancy shall be subject to termination by Landlord at any time upon not less than thirty (30) days advance written notice, or... by Tenant at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of this Lease shall be applicable during that period, except that Tenant shall pay Landlord from time to time, upon demand, as Rent rent for the period of any such hold over, an amount equal to one-hundred one hundred fifty percent (150%) of the Base Rent rent in effect on the termination date, plus all Additional Rent, computed on a daily basis for each day of the hold over period. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Section 17 Paragraph 19 shall not be construed as Landlord's consent for Tenant to hold over. View More
Holding Over. If Tenant does not surrender possession of the Premises at the end of the Term or upon earlier termination of this Lease, at the election of Landlord, Tenant shall be a tenant-at-sufferance from day to day and the Rent due during the period of such holdover shall be two (2) times the amount which Tenant was obligated to pay for the immediately preceding month. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements to the Premises for a new tenant a...s a result of Tenant's holdover, then Tenant shall be liable for all damages that Landlord suffers as a result of Tenant's holding over in the Premises. In addition, any holdover by Tenant shall be a Default under this Lease, and entitle Landlord to exercise any and all rights and remedies Landlord may have under this Lease, at law or in equity.View More
Holding Over. If Tenant does not surrender possession of the Premises at the end of the Term or upon earlier termination of this Lease, at the election of Landlord, Tenant shall be a tenant-at-sufferance from day to day and the Rent due during the period of such holdover shall be two (2) times 150% of the amount which Tenant was obligated to pay for the immediately preceding month. If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements to the Premises for a new ...tenant as a result of Tenant's holdover, then Tenant shall be liable for all damages that Landlord suffers as a result of Tenant's holding over in the Premises. In addition, any holdover by Tenant shall be a Default under this Lease, and entitle Landlord to exercise any and all rights and remedies Landlord may have under this Lease, at law or in equity.View More
Holding Over. If Tenant remains in possession of the Premises or any part thereof after the expiration of the Term, whether with or without Landlord's acquiescence, Tenant shall be deemed only a tenant at will and there shall be no renewal of this Lease without a written agreement signed by both parties specifying such renewal. The "monthly" rental payable by Tenant during any such tenancy at will period shall be one hundred fifty percent (150%) of the monthly installments of Annual Rental payable during the ...final Lease Year immediately preceding such expiration. Tenant shall also remain liable for any and all damages, direct and consequential, suffered by Landlord as a result of any holdover without Landlord's unequivocal written acquiescence.View More
Holding Over. If Tenant remains in possession of the Premises or any part thereof after the expiration of the Term, whether with or without Landlord's acquiescence, Tenant shall be deemed only a tenant at will and there shall be no renewal of this Lease without a written agreement signed by both parties specifying such renewal. The "monthly" rental rent payable by Tenant during any such tenancy at will period shall be one hundred fifty percent (150%) of the monthly installments of Annual Rental Rent payable d...uring the final Lease Year immediately preceding such expiration. Tenant shall also remain liable for any and all damages, direct and consequential, suffered by Landlord as a result of any holdover without Landlord's unequivocal written acquiescence. Nothing contained in this Section 31 shall be construed as consent by Landlord to any holding over of the Premises by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to compensate for, and indemnify, defend and hold Landlord harmless from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers claims and attorney's fees and costs. View More
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, 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: (a) Tenant shall pay, in addition to the other Rent, Base Rent equal to the greater of: (1) two hundred percent (200%) of the Base Rent payable during the last month of the Term, or (2) one hundred fifty percent (150%) of the prevailing rental rate in the Building for similar space; a...nd (b) Tenant shall otherwise continue to be subject to all of Tenant's obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at Law. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all loss, costs (including reasonable attorneys' fees, disbursements and court costs) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the foregoing, if Tenant holds over with Landlord's express written consent, then Tenant shall be a month-to-month tenant and Tenant shall pay, in addition to the other Rent, Base Rent equal to one hundred twenty-five percent (125%) of the Base Rent payable during the last month of the Term. 24 23. Certain Rights Reserved by Landlord. Landlord shall have the following rights: (a) Building Operations. To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Project or Complex, as applicable, or any part thereof; to enter upon the Premises (after giving Tenant reasonable notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) and, during the continuance of any such work, to temporarily close doors, entry ways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building; and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building; (b) Security. To take such reasonable security measures as Landlord deems advisable (provided, however, that any such security measures are for Landlord's own protection, and Tenant acknowledges that Landlord is not a guarantor of the security or safety of any Tenant Party and that such security matters are the responsibility of Tenant); including evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after Normal Business Hours and on Sundays and Holidays, subject, however, to Tenant's right to enter when the Building is closed after Normal Business Hours under such reasonable regulations as Landlord may prescribe from time to time; (c) Repairs and Maintenance. To enter the Premises at all reasonable hours to perform Landlord's repair and maintenance obligations and rights under the Lease; (d) Prospective Purchasers and Lenders. To enter the Premises at all reasonable hours to show the Premises to prospective purchasers or lenders; and (e) Prospective Tenants. At anytime during the last nine (9) months of the Term (or earlier if Tenant has notified Landlord in writing that it does not desire to renew the Term) or at any time following the occurrence of an Event of Default, to enter the Premises at all reasonable hours to show the Premises to prospective tenants.View More
Holding Over. If Tenant fails to vacate the Premises at the end of the Term, 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: (a) Tenant shall pay, in addition to the other Rent, Base pay Gross Rent equal to the greater of: (1) two one hundred twenty-five percent (200%) (125%) of the Base Gross Rent payable during the last month of the Term, or (2) one hundred fifty percent (150%) of the prevailing rental ra...te in the Building for similar space; Term; and (b) Tenant shall otherwise continue to be subject to all of Tenant's obligations under this Lease. The provisions of this Section 22 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at Law. If Tenant fails to surrender the Premises upon the termination or expiration or earlier termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any and all loss, costs (including reasonable attorneys' fees, disbursements and court costs) fees) and liability resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom. Notwithstanding the foregoing, if Tenant holds over with Landlord's express written consent, then Tenant shall be a month-to-month tenant and Tenant shall pay, in addition to the other Rent, Base pay Gross Rent equal to one hundred twenty-five two percent (125%) (102%) of the Base Gross Rent payable during the last month of the Term. 24 23 23. Certain Rights Reserved by Landlord. Landlord shall have the following rights: (a) Building Operations. To decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Project or Complex, as applicable, or any part thereof; thereof (excluding the Premises); to enter upon the Premises for purposes of inspections or repairs (after giving Tenant reasonable not less than forty-eight (48) hours' notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) and, during the continuance of any such work, to temporarily close doors, entry ways, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building; and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building; Building. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts not to unreasonably interfere with Tenant's use of or operations in the Premises or access to and from the Premises; (b) Security. To In addition to Landlord's security service obligations under Section 7(a), Landlord may take such reasonable security measures as Landlord deems advisable (provided, however, that any such additional security measures are for Landlord's own protection, and Tenant acknowledges that Landlord is not a guarantor of the security or safety of any Tenant Party and that such and, except as expressly provided in this Lease, security matters are the responsibility of Tenant); Tenant), including evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing securing the Building after Normal Business Hours and on Sundays and Holidays, subject, however, to Tenant's right to enter when the Building is closed after Normal Business Hours and on Sundays and Holidays under such reasonable regulations as Landlord may prescribe from time to time; (c) Repairs and Maintenance. To enter the Premises at all reasonable hours upon reasonable (not less than twenty-four (24) hours, except in the event of an emergency when no prior notice will be required) prior notice to perform Landlord's repair and maintenance obligations and rights under the Lease; and (d) Prospective Purchasers and Lenders. To enter the Premises at all reasonable hours upon reasonable (not less than forty-eight (48) hours) prior notice to show the Premises to prospective purchasers or lenders; and (e) Prospective Tenants. At anytime any time during the last nine (9) twelve (12) months of the Term (or earlier if Tenant has notified Landlord in writing that it does not desire to renew the Term) or at any time following the occurrence of an Event of Default, to enter the Premises at all reasonable hours upon reasonable (not less than forty-eight (48) hours) prior notice to show the Premises to prospective tenants. View More
Holding Over. If Tenant retains possession of the Premises or any part thereof after the termination of this Lease or expiration of the Lease Term or otherwise in the absence of any written agreement between Landlord and Tenant concerning any such continuance of the term, Tenant shall pay Landlord (i) an amount, calculated on a per diem basis for each day of such unlawful retention, equal to 150% of the Annual Fixed Rent then in effect, plus all Additional Rent and other sums payable hereunder, and (ii) in th...e event such holdover continues for more than thirty (30) days, all other damages, costs and expenses sustained by Landlord by reason of Tenant's holding over. Without limiting any rights and remedies of Landlord resulting by reason of the wrongful holding over by Tenant, or creating any right in Tenant to continue in possession of the Premises, all Tenant's obligations with respect to the use, occupancy and maintenance of the Premises shall continue during such period of unlawful retention.View More
Holding Over. If Tenant retains possession of the Premises or any part thereof after the termination of this Lease or expiration of the Lease Term or otherwise in the absence of any written agreement between Landlord and Tenant concerning any such continuance of the term, Tenant shall pay Landlord (i) as liquidated damages for such holding over alone, an amount, calculated on a per diem basis for each day of such unlawful retention, equal to 150% the greater of (a) twice the Annual Fixed Rent then Rent, or (b...) the established market rental for the Premises, for the time Tenant thus remains in effect, plus possession, plus, in each case, all Additional Rent and other sums payable hereunder, and (ii) in the event such holdover continues for more than thirty (30) days, all other damages, costs and expenses sustained by Landlord by reason of Tenant's holding over. Without limiting any rights and remedies of Landlord resulting by reason of the wrongful holding over by Tenant, or creating any right in Tenant to continue in possession of the Premises, all Tenant's obligations with respect to the use, occupancy and maintenance of the Premises shall continue during such period of unlawful retention. View More
Holding Over. lf Lessee, with Lessor's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Lessor to Lessee terminating this Lease, such possession by Lessee shall be deemed to be a month-to-month tenancy terminable on ninety (90) days' notice given at any time by either party. All provisions of this Lease except that pertaining to term shall apply to the month-to-month tenancy, and except that Base Monthly Rent shall be equal to... one hundred and fifty percent (150%) of Base Monthly Rent payable immediately prior to the expiration or termination of this Lease. If Lessee holds over without Lessor's consent, Lessor's damages shall also include the per diem rental value of the Premises measured by one hundred and fifty percent (150%) of the Base Monthly Rent due in the last month of the term divided by 30 plus the daily cost of Lessee's Percentage Share of Common Area Maintenance and Repair Costs, Real Property Taxes and insurance premiums.View More
Holding Over. lf If Lessee, with Lessor's consent, remains in possession of the Premises after expiration or termination of the term, or after the date in any notice given by Lessor to Lessee terminating this Lease, such possession by Lessee shall be deemed to be a month-to-month tenancy terminable on ninety (90) thirty (30) days' written notice given at any time by either party. All provisions of this Lease except that pertaining to term shall apply to the month-to-month tenancy, and except that Base Monthly... Rent shall be equal to one hundred and fifty twenty-five percent (150%) (125%) of Base Monthly Rent payable immediately prior to the expiration or termination of this Lease. If lf Lessee holds over without Lessor's consent, Lessor's damages shall also include the per diem rental value of the Premises measured by one byone hundred and fifty twenty-five percent (150%) (125%) of the Base Monthly Rent due in the last month of the term divided by 30 plus the daily cost of Lessee's Percentage Share of Common Area Maintenance and Repair Costs, Real Property Taxes real estate taxes and insurance premiums. insurance. View More
Holding Over. Article 27 of the Lease is hereby amended such (i) that the Base Rent payable to Landlord by Tenant during any holdover tenancy shall be 125% of the Base Rent which is payable immediately preceding the date of expiration of the Lease and (ii) the second paragraph of Article 27 is deleted in its entirety and replaced with the following. "If Tenant shall holdover and fail to surrender the Premises within thirty (30) days following the termination of this Lease without Landlord's written consent, i...n addition to any other liabilities to Landlord arising therefrom, Tenant shall and does hereby agree to indemnify and hold Landlord harmless from loss or liability resulting from such failure including, but not limited to, claims made by any succeeding tenant founded on such failure." 6. Limitation of Liability. In addition to any other limitations of Landlord's liability as contained in the Lease, as amended to date, the liability of Landlord (and its partners, shareholders or members) to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under the terms of the Lease or any matter relating to or Second Amendment to Pacific Corporate Center LeasePage 2 arising out of the occupancy or use of the Premises and/or other areas of the Building shall be limited to Tenant's actual direct, but not consequential, damages therefor and shall be recoverable only from the interest of Landlord in the Building, and Landlord (and its partners, shareholders or members) shall not be personally liable for any deficiency.View More
Holding Over. Article 27 of each of the Building 1 Lease, the Building 2 Lease, and the Building 3 Lease is hereby amended such that (i) that the Base Rent payable to Landlord by Tenant during any holdover tenancy shall be 125% of the Base Rent which is payable immediately preceding the date of expiration of the applicable Lease and (ii) the second paragraph of Article 27 is deleted in its entirety and replaced with the following. "If Tenant shall holdover and fail to surrender the Premises within thirty (30)... days following the termination of this Lease without Landlord's written consent, in addition to any other liabilities to Landlord arising therefrom, Tenant shall and does hereby agree to indemnify and hold Landlord harmless from loss or liability resulting from such failure including, but not limited to, claims made by any succeeding tenant founded on such Third Amendment to Pacific Corporate Center LeasePage 5 failure." 6. 9. Limitation of Liability. In addition to any other limitations of Landlord's liability as contained in the Lease, as amended to date, the liability of Landlord (and its partners, shareholders or members) to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under the terms of the Lease or any matter relating to or Second Amendment to Pacific Corporate Center LeasePage 2 arising out of the occupancy or use of the respective Premises and/or other areas of the respective Building shall be limited to Tenant's actual direct, but not consequential, damages therefor and shall be recoverable only from the interest of Landlord in the respective Building, and Landlord (and its partners, shareholders or members) shall not be personally liable for any deficiency. View More
Holding Over. If, with Landlord's express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other simil...ar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord's sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant's holding over, including consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.View More
Holding Over. If, with Landlord's express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other simil...ar right or option) during such holdover period, (iii) (Si) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord's sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Base Rent (plus 100% of Operating Expenses) in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant's holding over (including, from and after 60 days after the end of the Term, consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant's holding over, including including, without limitation, consequential damages. damages that Landlord may incur or suffer by reason of Landlord's inability to lease the Premises or deliver occupancy to a particular tenant). No holding over aver by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease. View More
Holding Over. No holding over by Tenant shall operate to extend the Term. If Tenant remains in possession of the Premises after expiration or termination of this Lease: (i) Tenant shall become a tenant at sufferance upon all the applicable terms and conditions of this Lease, except that Base Rent shall be increased to equal the greater of (A) one hundred fifty percent (150%) of the Base Rent then in effect or (B) one hundred fifty percent (150%) of the fair market rent for the 38 Premises, as determined by La...ndlord in good faith; (ii) Tenant shall indemnify, defend, protect and hold harmless Landlord, the other Indemnitees, and any tenant to whom Landlord has leased all or part of the Premises, from Claims (including loss of rent to Landlord or additional rent payable by such tenant and reasonable attorneys' fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant's failure timely to vacate the Premises; and (iii) such holding over by Tenant shall constitute an Event of Default. Landlord's acceptance of Rent if and after Tenant holds over shall not convert Tenant's tenancy at sufferance to any other form of tenancy or result in a renewal or extension of the Tel of this Lease, unless otherwise specified by notice from Landlord to Tenant.View More
Holding Over. No holding over by Tenant past the Expiration Date shall operate to extend the Term. If Tenant remains in possession of the Premises after expiration or termination of this Lease: (i) Tenant shall become a tenant at sufferance upon all the applicable terms and conditions of this Lease, except that Base Rent shall be increased to equal (a) one hundred twenty-five percent (125%) of the greater Base Rent in effect during the last month of (A) the Term for the first month of holdover, (b) one hundre...d fifty percent (150%) of the Base Rent then in effect or (B) one hundred fifty percent (150%) for the last month of the fair market rent Term for the 38 Premises, as determined by Landlord second (2nd) through sixth (6th) months of holdover, and (c) two hundred percent (200%) of the Base Rent in good faith; (ii) effect during the last month of the Term thereafter; Tenant shall indemnify, defend, protect and hold harmless Landlord, the other Indemnitees, and any tenant to whom Landlord has leased all or part of the Premises, Premises from Claims (including loss of rent loss to Landlord or additional rent payable by such tenant and reasonable attorneys' fees) suffered or incurred by Landlord, such other Indemnitees, or such tenant resulting from Tenant's failure timely to vacate the Premises; and (iii) such holding over by Tenant shall constitute an Event of Default. Landlord's acceptance of Rent if and after Tenant holds over shall not convert Tenant's tenancy at sufferance to any other form of tenancy or result in a renewal or extension of the Tel Term of this Lease, unless otherwise specified by written notice from Landlord to Tenant. Within ten (10) business days after Tenant's request, Landlord shall provide Tenant a written notice setting forth any leases or other occupancy agreements for the Premises or any portion thereof entered into by Landlord as of the date of such request and which will commence after the expiration of the term of this Lease and for which Landlord may suffer Claims if Tenant fails to timely vacate the Premises. View More
