AND DELIVERY OF THIS LEASE AND SHALL EXPRESSLY
REFER TO THIS LEASE.
ALL UNDERSTANDINGS AND AGREEMENTS HERETOFORE HAD BETWEEN
THE PARTIES ARE MERGED IN THIS LEASE AND ANY OTHER WRITTEN AGREEMENT(S) MADE
CONCURRENTLY HEREWITH, WHICH ALONE FULLY AND COMPLETELY EXPRESS THE AGREEMENT OF
THE PARTIES AND WHICH ARE ENTERED INTO AFTER FULL INVESTIGATION, NEITHER PARTY
RELYING UPON ANY STATEMENT OR REPRESENTATION NOT EMBODIED IN THIS LEASE OR ANY
OTHER WRITTEN AGREEMENT(S) MADE CONCURRENTLY HEREWITH.
ARTICLE 33
INTENTIONALLY OMITTED
ARTICLE 34
HOLDOVER
34.01
(A)
IN THE EVENT THIS
LEASE IS NOT RENEWED OR EXTENDED OR A NEW LEASE IS NOT ENTERED INTO BETWEEN THE
PARTIES, AND IF TENANT SHALL THEN HOLD OVER AFTER THE EXPIRATION OF THE TERM OF
THIS LEASE, AND IF LANDLORD SHALL THEN NOT PROCEED TO REMOVE TENANT FROM THE
PREMISES IN THE MANNER PERMITTED BY LAW (OR SHALL NOT HAVE GIVEN WRITTEN NOTICE
TO TENANT THAT TENANT MUST VACATE THE PREMISES) IRRESPECTIVE OF WHETHER OR NOT
LANDLORD ACCEPTS RENT FROM TENANT FOR A PERIOD BEYOND THE EXPIRATION DATE, THE
PARTIES HEREBY AGREE THAT TENANT'S OCCUPANCY OF THE PREMISES AFTER THE
EXPIRATION OF THE TERM SHALL BE UPON ALL OF THE TERMS SET FORTH IN THIS LEASE
EXCEPT TENANT SHALL PAY ON THE FIRST DAY OF EACH MONTH OF THE HOLDOVER PERIOD AS
FIXED RENT, AN AMOUNT EQUAL TO (X) ONE HUNDRED FIFTY PERCENT (150%) OF THE
MONTHLY FIXED RENT AND ADDITIONAL CHARGES PAYABLE BY TENANT DURING THE LAST
MONTH OF THE TERM OF THIS LEASE FOR THE FIRST THIRTY (30) DAYS OF SUCH HOLD OVER
(PRO RATED ON A PER DIEM BASIS), AND (Y) TWO HUNDRED PERCENT (200%) OF THE
MONTHLY FIXED RENT AND ADDITIONAL CHARGES PAYABLE BY TENANT DURING THE LAST
MONTH OF THE TERM OF THIS LEASE FOR EACH MONTH OR PORTION OF A MONTH (WITHOUT
DAILY PRORATION) DURING THE REMAINDER OF SUCH HOLDOVER.
FURTHER, LANDLORD SHALL
NOT BE REQUIRED TO PERFORM ANY WORK, FURNISH ANY MATERIALS OR MAKE ANY REPAIRS
WITHIN THE PREMISES DURING THE HOLDOVER PERIOD.
IT IS FURTHER STIPULATED AND
AGREED THAT IF LANDLORD SHALL, AT ANY TIME AFTER THE EXPIRATION OF THE ORIGINAL
TERM OR AFTER THE EXPIRATION OF ANY TERM CREATED THEREAFTER, PROCEED TO REMOVE
TENANT FROM THE PREMISES AS A HOLDOVER, THE FIXED RENT FOR THE USE AND OCCUPANCY
OF THE PREMISES DURING ANY
71
HOLDOVER PERIOD SHALL BE CALCULATED IN THE SAME MANNER AS SET FORTH ABOVE.
IN
ADDITION TO THE FOREGOING, LANDLORD SHALL BE ENTITLED TO RECOVER FROM TENANT ANY
LOSSES OR DAMAGES ARISING FROM SUCH HOLDOVER AS PROVIDED IN
SECTION 34.01(C) HEREOF.
(B)
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS LEASE, THE ACCEPTANCE OF ANY RENT PAID BY TENANT PURSUANT TO
SECTION 34.01(A) ABOVE SHALL NOT PRECLUDE LANDLORD FROM COMMENCING AND
PROSECUTING A HOLDOVER OR SUMMARY EVICTION PROCEEDING, AND THE PRECEDING
SENTENCE SHALL BE DEEMED TO BE AN "AGREEMENT EXPRESSLY PROVIDING OTHERWISE"
WITHIN THE MEANING OF SECTION 223-C OF THE REAL PROPERTY LAW OF THE STATE OF NEW
YORK.
(C)
IF TENANT SHALL HOLD-OVER