Common use of End of Term Clause in Contracts

End of Term. Tenant shall surrender the demised premises to Landlord at the expiration or sooner termination of the term of this lease in good order and condition, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.

End of Term. 24.1.1. Tenant shall shall, on or before the last day of the Term or upon the sooner termination of the Term, peaceably and quietly surrender the demised premises and deliver to Landlord at the Premises, in good condition and repair, reasonable wear and tear (and damage by fire or other casualty if the termination is pursuant to Section 13 hereof) excepted, and free and clear of liens or encumbrances. 24.1.2. Upon surrender, or upon the expiration or sooner termination of the term Term hereof, whichever first occurs, title to the Premises shall thereupon, and without further act of this lease either party, vest in good order and condition, except for reasonable wear and tear and damage by fire or other casualtyLandlord, and Tenant shall promptly thereafter execute and deliver to Landlord such deed or xxxx of sale as Landlord may reasonably request. Such vestiture shall not constitute the payment of Rent or a payment in lieu of Rent by Tenant to Landlord. 24.1.3. Provided Tenant is not in breach or default of its obligations under this Lease, Tenant may, at its cost, upon the expiration or sooner termination of this Lease, remove from the Premises its inventory, Furnishings (except fixtures affixed to the real property) Merchandise, Supplies and other items of personalty. If Tenant shall fail to so remove such personalty, Landlord may, at its option, either remove and dispose of any or all of the same at Tenant's expense or retain the same, in which latter event all right, title and interest therein shall pass to and vest in Landlord. Such vestiture shall not constitute the payment of Rent or a payment in lieu of Rent by Tenant to Landlord. Tenant shall repair any damage to Landlord's property resulting from such removal unless the damage is caused by Landlord or any of Landlord's Affiliates or any of their respective employees, agents, representatives or contractors. 24.1.4. If Tenant holds over or refuses to surrender possession of the Premises in accordance with the provisions of this Lease, Landlord shall have the right, in addition to all other rights and remedies available to it, to treat such holding over as a tenancy at sufferance or a month-to-month tenancy. During such holding over period, Tenant shall be obligated to perform all of its property obligations under this Lease (as if this Lease had not so expired or terminated), except that Tenant the Rent during the period of holding over shall be doubled. During any such holding over period, Landlord shall have no obligations of any nature whatsoever trader this Lease or otherwise to Tenant. 24.1.5. If the Premises is not be obligated timely so surrendered, in addition to remove any wiring other rights or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of remedies which the term hereof Landlord may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, hereunder or at Tenant’s cost, law or in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling)equity, Tenant shall reimburse Landlord or pay to Landlord any cost that all expenses which Landlord may incur by reason thereof and, in disposing of such property within ten (10) days after demand therefor. Tenant addition, shall indemnify and save hold harmless Landlord harmless from and against all costsclaims made against Landlord by any tenant or tenants succeeding to the Premises or any part thereof, claims, loss or liability resulting from founded upon delay by Tenant Landlord in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if delivering possession of the demised premises Premises to such tenant or tenants or upon the improper or inadequate condition of the Premises, to the extent that such delay or improper or inadequate condition is not surrendered occasioned by the failure of Tenant to Landlord within one (1) day perform its said surrender obligations and/or to timely surrender the Premises. All property of Tenant or of any other person which shall remain in the Premises after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence Lease shall be deemed to have been abandoned and may be an agreement expressly “providing otherwise” within retained by Landlord as its property or be disposed of without accountability in such manner as Landlord may deem fit and, if the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and cost of any successor law disposition exceeds any proceeds from the sale of like import then in force in connection with any holdover summary proceedings which the such property, such cost shall be paid by Tenant to Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsupon demand.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 20.1 Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyfor which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting Property from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunderPremises, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations obligation shall survive the expiration or sooner termination of the term of this leaseTerm. Anything in this lease to If the contrary notwithstanding, the acceptance of any rent 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 232-c last day of the Real Property Law of Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the State of New York and any successor law of like importBusiness Day immediately preceding. Tenant expressly waives, for itself and for any person Person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may instituteinstitute to enforce the foregoing provisions of this Article 20. Section 20.2 Tenant acknowledges that Tenant or any subtenant of Tenant remaining in possession of the Premises after the expiration or earlier termination of this Lease would create an unusual hardship for Landlord and for any prospective tenant. Tenant, therefore, covenants that if for any reason Tenant or any subtenant of Tenant shall fail to vacate and surrender possession of the Premises or any part thereof on or before, the expiration or earlier termination of this Lease and the Term, then Tenant’s continued possession of the Premises shall be as a “month-to-month” tenant, during which time, without prejudice and in addition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over, an amount equal to two (2) times the total monthly amount of Fixed Rent and Additional Rent payable hereunder. The provisions of this Section 20.2 shall not in any way be deemed to (a) permit Tenant to remain in possession of the Premises after the Expiration Date or sooner termination of this Lease or (b) imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. Tenant’s obligations under this paragraph Article shall survive the expiration or sooner earlier termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Upon the expiration or other termination of the Term, Tenant shall quit and surrender the demised premises to Landlord Demised Premises, broom clean, in as good order, condition and repair as it now is or may hereafter be placed, ordinary wear excepted. Tenant shall remove all property of Tenant, as directed by Landlord. Any property left on Demised Premises at the expiration or sooner other termination of this Lease, or after the term happenings of any of the events of default set forth in Article 18, may, at the option of Landlord, either be deemed abandoned or be placed in storage at a public warehouse in the name of and for the account of and at the expense and risk of Tenant or otherwise disposed of by Landlord in the manner provided by Law. Tenant expressly releases Landlord of and from any and all claims and Liability for damage to or destruction or Loss of property left by Tenant upon Demised Premises at the expiration of other termination of this lease in good order Lease and conditionTenant hereby indemnifies Landlord against any and all claims and Liability with respect thereto. If Tenant holds over after the Term with the consent of Landlord, except for reasonable wear express or implied, such tenancy shall be from month to month only and tear and damage by fire or other casualtyshall not be a renewal hereof, and Tenant shall remove pay the rent and all the other charges at the same rate as herein provided and also comply with all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term terms, covenants, conditions, provisions and agreements of this lease (or such earlier date as of Lease for the time during which Tenant holds over. If Tenant holds over after the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be Term without the property consent of Landlord who and shall be free fail to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day vacate Demised Premises after the expiration or sooner termination of this Lease for any cause or after Tenant's right to occupy same ceases, thereafter, and notwithstanding anything to the term of contrary contained elsewhere in this leaseLease, then Tenant will pay shall be liable to Landlord as liquidated damages for the use and occupancy for each month and for each portion of any month during which Tenant holds over Demised Premises in the premises after expiration or termination an amount agreed to be one hundred twenty-five percent (125%) of the term monthly installments of Base Annual Rent, and all the other changes as provided in this Lease for the last month of the Term. If Demised Premises are not surrendered at the end of the Term, Tenant shall be additionally responsible to Landlord for all damage (including but not limited to the loss of rent) which Landlord shall suffer by reason thereof, and Tenant hereby indemnifies Landlord against all claims made by any succeeding tenant against Landlord, resulting from delay by Landlord in delivering possession of Demised Premises to such succeeding tenant. Tenant's obligation to observe or perform all of the terms, covenants, conditions, provisions and agreements of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations Article shall survive the expiration or sooner other termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY Upon the expiration or sooner other termination of the term Term of this lease Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises and all alterations and additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease, broom clean in good order order, repair and condition, except for condition excepting only reasonable use and wear and tear and damage by fire or other casualtycasualty for which, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term under other provisions of this lease (Lease, Tenant has no responsibility of repair or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at restoration. Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain obligation to observe or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant perform this covenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after survive the expiration or sooner other termination of the term Term of this leaseLease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during this Lease shall expire on the Business Day immediately preceding. Any personal property in which Tenant holds over has an interest which shall remain in the premises Building or on the Demised Premises after the expiration or termination of the term Term of this leaseLease shall be conclusively deemed to have been abandoned, a sum equal to two and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (230) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive days after the expiration or sooner termination of the term Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of this lease. Anything in this lease to such sale and apply the contrary notwithstandingsame, at its option, against the expenses of the sale, the acceptance cost of moving and storage, any rent shall not preclude arrears of Rent payable hereunder by Tenant to Landlord from commencing and prosecuting a holdover any damages to which Landlord may be entitled under Article 19 hereof or summary eviction proceedingpursuant to law, and with the preceding sentence shall be deemed balance if any, to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the paid to Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 20.1 Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyfor which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in Tenant's Property from the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunderPremises, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations obligation shall survive the expiration or sooner termination of the term of this leaseTerm. Anything in this lease to If the contrary notwithstanding, the acceptance of any rent 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 232-c last day of the Real Property Law of Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the State of New York and any successor law of like importBusiness Day immediately preceding. Tenant expressly waives, for itself and for any person Person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may instituteinstitute to enforce the foregoing provisions of this Article 20. Section 20.2 Tenant acknowledges that Tenant or any subtenant of Tenant remaining in possession of the Premises after the expiration or earlier termination of this Lease would create an unusual hardship for Landlord and for any prospective tenant. Tenant’s , therefore, covenants that if for any reason Tenant or any subtenant of Tenant shall fail to vacate and surrender possession of the Premises or any part thereof on or before the expiration or earlier termination of this Lease and the Term, then Tenant's continued possession of the Premises shall be as a "month-to-month" tenant, during which time, without prejudice and in addition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month and for each portion of any month during which Tenant holds over, an amount equal to two (2) times the total monthly amount of Fixed Rent and Additional Rent payable hereunder. The provisions of this Section 20.2 shall not in any way be deemed to (a) permit Tenant to remain in possession of the Premises after the Expiration Date or sooner termination of this Lease or (b) imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20. Tenant's obligations under this paragraph Article shall survive the expiration or sooner earlier termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender In the demised premises to Landlord at the expiration or sooner termination event of the term of this lease in good order and condition, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay holding over by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of this lease without the consent of Landlord, Tenant shall; (i) pay as use and occupancy for each month of the holdover an amount equal to one hundred fifty (150%) percent of the greater of (a) the fair market rental value of the Premises for such month (as reasonably determined by Landlord) or (b) the Rent payable by Tenant for the last mouth prior to the Expiration Date of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month otherwise observe, fulfill and for each portion perform all of any month during which Tenant holds over in the premises after expiration or termination of the term of its obligations under this lease, a sum equal including, but not limited to, those pertaining to two additional rent, in accordance with its terms; (2ii) times the average be liable to Landlord for any payment or rent and additional rent concession which was payable per month under this Landlord may be required to make to any tenant in order to induce such tenant not to terminate an executed lease during the last six (6) months covering all or any portion of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination Premises by reason of the term holdover by Tenant; and (iii) be liable to Landlord for any damages suffered by Landlord (including any attorneys’ fees and disbursements) as the result of this leaseTenant’s failure to surrender the Premises. Anything Notwithstanding anything contained in this lease Article to the contrary notwithstandingcontrary, the acceptance of any rent Rent or use and occupancy paid by Tenant pursuant to this Article 47, shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and action or proceeding or any action or proceeding in the preceding sentence shall be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like importnature thereof. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any legal rights which the Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover or summary proceedings proceeding which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination institute to regain possession of the term of this leasePremises. At No holding over by Tenant after the Term shall operate to extend the Term. The holdover, with respect to all or any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year part of the term Premises, of this leasea Person deriving an interest in the Premises from or through Tenant, Landlord may exhibit the premises to prospective tenantsincluding, but not limited to, an assignee or subtenant, shall be deemed a holdover by Tenant.

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY Upon the expiration or sooner other termination of the term Term of this lease Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises and all alterations and additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease broom clean and in good order order, repair and condition, except for condition excepting only reasonable use and wear and tear and damage by fire or other casualtycasualty for which, and under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant’s obligation to observe or perform this covenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following survive the expiration or other termination of the term Term of this lease (Lease. If the last day of the Term of this Lease or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (renewal thereof falls on a day other than any wiring or cabling)a Business Day, Tenant this Lease shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforexpire on the Business Day immediately preceding. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed pay 150% of the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of Rent (calculated at the demised premises is not surrendered rate most recently in effect) applicable to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month or fraction thereof during which Tenant holds over remains in possession of any part of the Demised Premises in violation of the foregoing covenants, without prejudice to eviction and any other remedy available to Landlord on account thereof. Any personal property in which Tenant has an interest which shall remain in the premises Building or on the Demised Premises after the expiration or termination of the term Term of this leaseLease shall be conclusively deemed to have been abandoned, a sum equal to two and may be disposed of in such manner as Landlord may see fit; provided however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (230) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive days after the expiration or sooner termination of the term Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of this lease. Anything in this lease to such sale and apply the contrary notwithstandingsame, at its option, against the expenses of the sale, the acceptance cost of moving and storage, any rent shall not preclude arrears of Rent payable hereunder by Tenant to Landlord from commencing and prosecuting a holdover any damages to which Landlord may be entitled under Article 19 or summary eviction proceedingpursuant to law, and with the preceding sentence shall be deemed balance if any, to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the paid to Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.

End of Term. Tenant Section 21.01. On the date upon which the Demised Term shall expire and come to an end, whether pursuant to any of the provisions of this Lease or by operation of law, and whether on or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the demised premises Demised Premises to Landlord at the expiration or sooner termination of the term of this lease Owner, broom clean and in good order and condition, except for reasonable ordinary wear and tear damage or destruction by fire, the elements and damage by fire other casualty or other casualtyrepairs for which Tenant is not liable under the provisions of this Lease excepted, and Tenant (ii) shall remove all of its Tenant's Personal Property and all other property and effects of Tenant and all persons claiming through or under Tenant from the Demised Premises and the Building, and (except that Tenant iii) shall not be obligated repair all damage to remove the Demised Premises occasioned by such removal. Owner shall have the right to retain any wiring or cabling). Tenant agrees that any personal property remaining and effects which shall remain in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Demised Premises after the expiration or sooner termination of the term Demised Term, and any net proceeds from the sale thereof, without waiving Owner's rights with respect to any default by Tenant under the foregoing provisions of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like importSection. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force force, in connection with any holdover summary proceedings which Owner may institute to enforce the Landlord may instituteforegoing provisions of this Article. If said date upon which the Demised Term shall expire and come to an end shall fall on Sunday or holiday, then Tenant's obligations under the first sentence of this Section shall be performed on or prior to the Saturday or business day immediately preceding such Sunday or holiday. Tenant’s 's obligations under this paragraph Section shall survive the expiration or sooner termination of the term of this leaseDemised Term. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.(See Article 44)

End of Term. Tenant shall surrender the demised premises Premises to Landlord at the expiration or sooner termination of the term of this lease Lease in good order and condition, broom-clean, except for reasonable wear and tear and damage tear. Tenant shall be liable to Landlord for all damages, including any consequential damages, that Landlord may suffer by fire or other casualtyreason of any holding over by Tenant, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such propertyindemnify, at Tenant’s costdefend, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss loss, or liability resulting from delay by Tenant in so surrendering the premisesPremises, including, without limitation, including any claims made by any succeeding tenant founded on such any delay. AdditionallyAll Alterations made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant, at its expense, shall remove from the parties recognize Premises all of Tenant’s personal property, and agree all Alterations (including, computer and telecommunications wiring) that other Landlord designates by notice to Tenant. Tenant shall also repair any damage to Landlord resulting from any failure the Premises caused by Tenant timely to surrender the demised premises will be substantial, will exceed removal. Any items of Tenant’s property that shall remain in the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Premises after the expiration or sooner termination of the term Lease Term, may, at the option of this leaseLandlord, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to have been abandoned, and in that case, those items may be an agreement expressly “providing otherwise” within the meaning retained by Landlord as its property to be disposed of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waivesby Landlord, for itself and for any person claiming through or under the Tenant, any rights which the without accountability to Tenant or any such Person may have under other party, in the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the manner Landlord may institute. shall determine, at Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsexpense.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 22.1 Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay Alterations to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforthe extent required pursuant to Article 6. Tenant shall indemnify also remove all of Tenant’s Property and save Landlord harmless against all costsother personal property and personal effects of all persons claiming through or under Tenant, claims, loss or liability resulting from delay by Tenant in so surrendering and shall pay the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other cost of repairing all damage to Landlord resulting from any failure the Premises and the Real Property occasioned by Tenant timely to surrender such removal. Any Tenant’s Property or other personal property that remains in the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Premises after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence Lease shall be deemed to have been abandoned and either may be an agreement expressly “providing otherwise” within retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof is sold, Landlord may receive and retain the meaning proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property or Alterations required to be removed as provided in Article 6, as well as the cost of repairing all damage to the Building or the Premises caused by such removal, shall be reimbursed to Landlord by Tenant, as Additional Rent, on demand. Section 232-c of 22.2 If the Real Property Law of Expiration Date falls on a day which is not a Business Day, then Tenant’s obligations under Section 22.1 shall be performed on or prior to the State of New York and any successor law of like import. immediately preceding Business Day. Section 22.3 Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the that Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of like import then in force in connection with any holdover summary proceedings which the that Landlord may instituteinstitute to enforce the provisions of this Article. Section 22.4 If the Premises are not surrendered within 45 days after the expiration or other termination of this Lease, Tenant hereby indemnifies Landlord against liability or expense (including any consequential damages but excluding punitive damages) resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay and agrees to be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant. Landlord shall give Tenant Notice if Landlord enters into a lease of the Premises with a third party. Landlord’s rights under this Section 22.4 are in addition to the holdover rental payable by Tenant under Section 39.7. Section 22.5 Tenant’s obligations under this paragraph Article shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 22.1. Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises and the Terrace, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant shall remove all Specialty Alterations and all Additional Specialty Alterations subject to the provisions of its property (except that Tenant shall not be obligated to remove any wiring or cablingSection 6.1(C)(2). Tenant agrees that any shall also remove all of Tenant’s Property and all other personal property remaining and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property (including the Terrace) occasioned by such removal. Any Tenant’s Property or other personal property that remains in the demised premises following Premises or the expiration of Terrace after the term of this lease (or such earlier date as of which the term hereof may Expiration Date shall be deemed to have been terminated) shall for all purposes abandoned and either may be deemed conveyed to retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof is sold, Landlord may receive and to be retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain removing or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such Tenant’s Property or other personal property or Alterations required to be removed as provided in Article 6, as well as the cost of repairing all damage to the Building (other than any wiring including the Terrace) or cabling)the Premises caused by such removal, Tenant shall reimburse Landlord or pay be reimbursed to Landlord any cost that Landlord may incur in disposing of such property by Tenant, as Additional Rent, on demand. Section 22.2. If the Fixed Expiration Date falls on a day which is not a Business Day, then Tenant’s obligations under Section 22.1 shall be performed on or prior to the immediately preceding Business Day. Section 22.3. If the Premises and the Terrace are not surrendered within ten forty-five (1045) days after demand therefor. the expiration or other termination of this Lease, Tenant shall indemnify and save hereby indemnifies Landlord harmless against all costs, claims, loss liability or liability expense (including any consequential damages) resulting from delay by Tenant in so surrendering the premisesPremises and the Terrace, including, without limitation, including any claims made by any succeeding tenant or prospective tenant founded on upon such delay. Additionally, the parties recognize delay and agree that other damage agrees to be liable to Landlord resulting from for (i) any failure payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises and the Terrace as a result of such delay and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant. Landlord’s rights under this Section 22.3 are in addition to the holdover rental payable by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import39.7. Section 22.4. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the that Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of like import then in force in connection with any holdover summary proceedings which the that Landlord may instituteinstitute to enforce the provisions of this Article. Section 22.5. Tenant’s obligations under this paragraph Article shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. 37.1 Upon the expiration or other termination of this Lease, the Tenant shall vacate and surrender to the demised premises to Landlord the Leased Premises, broom clean condition, carpets professionally cleaned, dry wall repaired and in good order. The Tenant shall remove all property of the Tenant as set forth in Section 21.6, as directed by the Landlord. Any property left on the Leased Premises at the expiration or sooner other termination of this Lease, or after the term occurrence of this lease any default as set forth in good order and conditionSection 35, except for reasonable wear and tear and damage by fire may at the option of the Landlord either be deemed abandoned or other casualty, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining placed in storage at a public warehouse in the demised premises following name of and for the expiration account of and at the expense and risk of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of If such property (other than any wiring or cabling), is not claimed by the Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforsuch expiration, termination or the happening of an event of default, it may be sold or otherwise disposed of by the Landlord without further notice. The Tenant expressly releases the Landlord from any and all claims and liability for damage to or loss of property left by the Tenant upon the Leased Premises at the expiration or other termination of this Lease, and the Tenant hereby indemnifies the Landlord against any and all claims and liability with respect thereto. 37.2 If the Tenant shall indemnify continue to occupy and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering continue to pay rent for the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Leased Premises after the expiration of this Lease with or sooner termination without the consent of the term of this leaseLandlord, then and without any further written agreement, the Tenant will pay Landlord as liquidated damages for use shall be a tenant from month to month at a Xxxxxx-Xxxxx Commercial, Inc. LLJG/TSJC monthly Base Rent equal to the last full monthly Base Rent payment due hereunder times 1.5, and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination subject to all of the term of this leaseadditional rentals, a sum equal terms, and conditions herein set out except as to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months expiration of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease Term.

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY Upon the expiration or sooner other termination of the term Term of this lease Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises and all alterations and additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease, broom clean in good order order, repair and condition, except for condition excepting only reasonable use and wear and tear and damage by fire or other casualtycasualty for which, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term under other provisions of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling)Lease, Tenant has no responsibility of repair or restoration. Tenant's obligation to observe or perform this covenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after survive the expiration or sooner other termination of the term Term of this leaseLease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during this Lease shall expire on the Business Day immediately preceding. Any personal property in which Tenant holds over has an interest which shall remain in the premises Building or on the Demised Premises after the expiration or termination of the term Term of this leaseLease shall be conclusively deemed to have been abandoned, a sum equal to two and may be disposed of in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant will, upon request of Landlord made not later than thirty (230) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive days after the expiration or sooner termination of the term Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of this lease. Anything in this lease to such sale and apply the contrary notwithstandingsame, at its option, against the expenses of the sale, the acceptance cost of moving and storage, any rent shall not preclude arrears of Rent payable hereunder by Tenant to Landlord from commencing and prosecuting a holdover any damages to which Landlord may be entitled under Article 19 hereof or summary eviction proceedingpursuant to law, and with the preceding sentence shall be deemed balance if any, to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the paid to Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.

End of Term. (a) The Tenant shall surrender shall, on or before the demised premises to Landlord at last day of the expiration Term or upon the sooner termination of the term Term, peaceably and quietly surrender and deliver to Landlord the Land, the Buildings and the Furnishings, in good condition and repair consistent with the Operating Standards [subject to paragraph (c) of Article 9 and Paragraph (d) of Article 11] and free and clear of liens, encumbrances and subtenancies (except as otherwise provided in Article 12 or in this paragraph); provided, however, that in the event of the sooner termination of this lease in good order and conditionLease, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such propertymay, at Tenant’s costits option, in require any manner Landlord deems desirable. Landlord may retain or assign any salvage all subtenants or other residual value of such property. In consideration of Landlord’s disposing of such property concessionaires (other than any wiring which are under common Landlordship and control with the Tenant) to recognize Landlord under such sublease or cablingconcession agreement, in which event any such subtenant or concessionaire of Landlord for the balance of the remaining term of the sublease or concession agreement as determined without regard to, and notwithstanding, the sooner termination of this Lease. (b) Upon surrender, or upon the expiration or any sooner termination of the Term hereof, whichever first occurs, title to the Buildings and the Furnishings (except those leased by or loaned to the Tenant, as herein permitted) shall thereupon, and without further act of either party, vest in Landlord (subject, however, in the event of the sooner termination of this Lease, to the rights of any Permitted Leasehold Mortgagee to acquire the same in connection with a Novation Ground Lease granted pursuant to Article 16), and the Tenant shall reimburse promptly thereafter execute and deliver to Landlord such deed or bill xx sale as Landlord may reasonably request, provided they contain no covenant, warranty, representation or other liability of the Tenant contained herein. (c) If the Tenant holds over or refuses to surrender possession of the Demised Premises and Buildings in accordance with the provisions of this Lease, Landlord shall have the right, in additional to all other rights and remedies available to it, to treat such holding over as a tenancy at sufferance or a month-to-month tenancy. During such holder over period, the Tenant shall be deemed to be a tenant at sufferance and as such shall be obligated to perform all of its obligations under this Lease (as if this Lease had not so expired or terminated), except that the Base Rent during the period of holding over shall be doubled. During any such holding over period, Landlord shall have no obligations of any nature whatsoever under this Lease or otherwise to the Tenant. (d) If the Demised Premises, the Buildings, and the Furnishings are not timely so surrendered, the Tenant shall pay to Landlord any cost that all expenses which Landlord may incur by reason thereof and, in disposing of such property within ten (10) days after demand therefor. Tenant addition, shall indemnify and save hold harmless Landlord harmless from and against all costsclaims made against Landlord by any tenant or subtenants or other successor or grantee of Landlord succeeding to the Demised Premises or Buildings or any part thereof, claims, loss or liability resulting from founded upon delay by Tenant Landlord in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if delivering possession of the demised premises Demised Premises and Buildings to any such successor or upon the improper or inadequate condition of the Demised Premises and Buildings, to the extent that such delay or improper or inadequate condition is not surrendered occasioned by the failure of the Tenant to Landlord within one (1) day perform its said surrender obligations and/or to timely surrender the Demised Premises and all interests therein and related thereto as provided hereunder. All property of the Tenant or of any other person which shall remain in the Convention Hotel or at the Demised Premises after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence Lease shall be deemed to have been abandoned and may be an agreement expressly “providing otherwise” within retained by Landlord as its property or be disposed of without accountability in such manner as Landlord may deem fit and, if the meaning cost of Section 232-c any disposition exceeds any proceeds from the said of such property, such cost shall be paid by the Tenant to Landlord upon demand. (e) Notwithstanding the foregoing provisions of Paragraphs 17(a) and 17(d) above, the Landlord shall not be entitled upon the End of Term to unopened stocks and inventories of food, beverages and other consumable supplies which are not then in use for the proper current operation of the Real Property Law Convention Hotel, nor shall Landlord be entitled to receive payment of any accounts receivable or bank accounts or other financial sums relating to the operation of the State Convention Hotel by Tenant during the Term (except as a proper offset to any unpaid sums owed by Tenant hereunder) and shall use reasonable efforts to collect such accounts and sums for the account of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which unless and except to the extent that Landlord shall so elect with respect to such items thereof as reasonably designated by Landlord (the "Additional Assets") and agree to pay the actual cost (or fair market value if no record cost exists) thereof to Tenant or any as an additional end of term payment (the "Buyout Price" for such Person Additional Assets) hereunder. To the extent that Landlord does not elect to purchase such Additional Assets as provided above, then Tenant may have under remove all such Additional Assets not being acquired by Landlord at the provisions End of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsTerm.

End of Term. At the End of Term, and in the absence of renewal or subject to Tenant’s right to remain under local law, Tenant shall surrender yield up the demised premises to Landlord at the expiration or sooner termination of the term of this lease Premises, broom clean and in good repair, order and condition, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its personal property (except that therein. If Tenant shall fails to deliver vacant possession of the Premises in the manner required hereunder on or prior to the expiration or earlier termination of the Term, such failure will not be obligated deemed to remove any wiring or cabling). extend the Term and Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or will pay to Landlord promptly upon demand therefor as and for liquidated damages, for each day or portion thereof during which Tenant retains possession of the Premises after such expiration or earlier termination, an amount equal to 150% of the pro rata Rent of the Monthly Basic Rent payable by Tenant during the Term (in addition to all other amounts set forth herein). The provisions of this Section 13 will not be deemed to limit or constitute a waiver of any cost that other rights or remedies provided herein or at law or in equity, and Landlord may incur in disposing of such property within ten (10) days after demand thereforwithout notice, reenter the Premises either by force or otherwise, and dispossess Tenant by summary proceedings or otherwise. Tenant shall will additionally indemnify and save hold Landlord harmless from and against all costsloss, claimsliability, loss costs and expenses of any kind or liability resulting from delay by Tenant in so surrendering the premises, nature (including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize attorneys’ fees and agree that other damage to Landlord disbursements) resulting from any or arising out of Tenant’s failure by Tenant timely to surrender comply with the demised premises provisions of this Section 13. Nothing herein contained will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. deemed to permit Tenant therefore agrees that if to retain possession of the demised premises is not surrendered to Landlord within one (1) day Premises after the expiration or sooner earlier termination of the term Term. The provisions of this lease, then Tenant Section 13 will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner earlier termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsTerm.

End of Term. Tenant shall surrender the demised premises to Landlord at Within one hundred twenty (120) days after the expiration or sooner earlier termination of this Agreement, Tenant will, at Tenant’s sole cost and expense, remove any and all property and improvements (collectively, the term “Tenant Owned Property”) installed or operated upon the Premises, and shall restore the Premises to its condition at the commencement of this lease in good order and conditionLease, except for reasonable wear and tear and damage loss by fire casualty or other casualtycauses beyond Tenant’s control excepted. Footings, foundations, and concrete will be removed to a depth of three (3) feet below grade. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any underground utilities not installed by Tenant as part of the Tenant Facilities. Tenant shall repair at its sole cost and expense all damage caused to the Premises by the removal of the Tenant Facilities. Landlord may remove any Tenant Facilities that Tenant fails to remove more than one hundred twenty (120) days following the termination or expiration of this Agreement and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any the actual cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession removal of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institutesame. Tenant’s obligations under this paragraph section shall survive the termination and/or expiration of this Agreement. Notwithstanding the foregoing, no provision of this Lease shall impose upon Landlord any obligation to care for or preserve any of the Tenant Facilities left upon the Premises after the expiration or sooner earlier termination of this Agreement and Tenant hereby waives and releases Landlord from any claim or liability in connection with any damage done to the term Tenant Facilities after the termination or expiration of this leaseAgreement. At any time during Landlord’s action or inaction with regard to the term provisions of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees section shall not be construed as a waiver of Landlord’s interest therein. During right to require Tenant to remove its property, restore any damage to the last year of the term of Premises caused by such removal, and make any restoration required pursuant to this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at Upon the expiration or sooner other termination of the term Term of this lease lease, Tenant shall, at its own expense, quit and surrender to Landlord the Demised Premises, broom clean, in good order and condition, except for reasonable wear and ordinary wear, tear and damage by fire or other casualtyinsured casualty excepted, and Tenant shall remove all of its property (except that and shall pay the cost to repair all damage to the Demised premises or the Building occasioned by such removal. Other than initial Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining installations, all fixtures, and all panelling, permanent partitions, railings, staircases and like installations, installed in the demised Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the premises following unless Landlord, by notice to Tenant no later than twenty (20) days prior to the expiration date fixed as the Expiration Date, elects to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant forthwith at Tenant's expense and the Premises shall be returned to its original condition. Any property not removed from the Premises shall be deemed abandoned by Tenant and may be retained by Landlord, as its property, or disposed of in any manner deemed appropriate by the Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant's property shall be reimbursed to Landlord by Tenant on demand. If the last day of the term of this lease (or such earlier date as of which any renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the term hereof may have been terminated) business day immediately preceding. Tenant's obligations under this Article 16 shall for all purposes be deemed conveyed to and to be survive the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration Expiration Date or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 22.1. Upon the expiration or sooner earlier termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and in its then “as-is” condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant shall remove all of Tenant’s Specialty Alterations as may be required pursuant to Article 6. Tenant shall also remove all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s Property or other personal property that remains in the Premises after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property (except that Tenant shall not or may be obligated to remove any wiring disposed of in such manner as Landlord may see fit. If such Tenant’s Property or cabling). Tenant agrees that any other personal property remaining in or any part thereof is sold, Landlord may receive and retain the demised premises following the expiration proceeds of the term of this lease (or such earlier date sale as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord. Any reasonable out of pocket expense incurred by Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain removing or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such Tenant’s Property or other personal property (other than any wiring or cabling)Alterations required to be removed as provided in Article 6, Tenant as well as the reasonable cost of repairing all damage to the Building or the Premises caused by such removal, shall reimburse Landlord or pay be reimbursed to Landlord any cost that Landlord may incur in disposing of such property by Tenant, as Additional Rent, within ten thirty (1030) days after demand thereforwritten demand. Section 22.2. If the Fixed Expiration Date falls on a day which is not a Business Day, then Tenant’s obligations under Section 22.1 shall be performed on or prior to the immediately preceding Business Day. Section 22.3. If the Premises are not surrendered within ninety (90) days after the expiration or other termination of this Lease, Tenant shall indemnify agrees to reimburse Landlord for any actual and save Landlord harmless against all costs, claims, loss direct liability or liability expense resulting from delay by Tenant in so surrendering the premisesPremises, including, without limitation, including any claims made by any payments or rent concessions that Landlord is required to grant to a succeeding tenant founded on by reason of such delay. Additionally, Landlord shall notify Tenant if Landlord enters into a lease with a third party for all or any part of the parties recognize and agree that other damage Premises. Landlord’s rights under this Section 22.3 are in addition to Landlord resulting from any failure the holdover rental payable by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurementunder Section 22.4. Section 22.4. If Tenant therefore agrees that if shall remain in possession of the demised premises is not surrendered to Landlord within one (1) day Premises after the expiration or sooner termination Expiration Date, without the execution by both Tenant and Landlord of a new lease, Tenant, at the election of Landlord, shall be deemed to be occupying the Premises as a Tenant from month-to-month, at a monthly rental equal one hundred fifty (150%) percent of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was Fixed Rent payable per month under this lease during the last six (6) months month of the term hereofTerm. If Tenant shall remain in possession of the Premises after the Expiration Date beyond thirty (30) days, then the monthly rental shall after such thirtieth (30th) day equal two hundred (200%) percent of the Fixed Rent payable during the last month of the Term, subject, for the entire period of such holdover, to all the other conditions, provisions and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy, including the payment of Escalation Rent under Article 3 and Electricity Additional Rent under Article 4. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent holdover rental paid by Tenant pursuant to this Section 22.4 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 232-c of the Real Property Law of the State of New York and any successor law of like import22.5. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the that Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of like import then in force in connection with any holdover summary proceedings which the that Landlord may instituteinstitute to enforce the provisions of this Article. Section 22.6. Tenant’s obligations under this paragraph Article shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 21.1. Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant shall remove all of Tenant’s Alterations as may be required pursuant to Article V. Tenant shall also remove all of Tenant’s Property and all other personal property and personal effects of all persons claiming through or under Tenant, and shall pay the cost of repairing all damage to the Premises and the Real Property occasioned by such removal. Any Tenant’s Property or other personal property that remains in the Premises or upon any portion of the Real Property after the termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property (except or may be disposed of in such manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof is sold, Landlord may receive and retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property or Alterations required to be removed as provided in Article V, as well as the cost of repairing all damage to the Buildings or the Premises caused by such removal, shall be reimbursed to Landlord by Tenant, as Additional Rent, on demand. Notwithstanding the foregoing, however, Landlord may require Tenant to remove certain Alterations pursuant to and in compliance with Section 5.2(c) hereof. Section 21.2. If the Expiration Date falls on a day which is not a Business Day, then Tenant’s obligations under Section 21.1 shall be performed on or prior to the immediately succeeding Business Day. Section 21.3. In the event that Tenant shall not be obligated immediately surrender the Premises to remove any wiring Landlord on the Expiration Date or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term earlier termination of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling)Lease, Tenant shall reimburse be deemed to be a tenant-at-will pursuant to the terms and provisions of this Lease, except the monthly Base Rent shall be 150% the monthly Base Rent specified herein for the 125th month of the Term. Notwithstanding the foregoing, if Tenant shall hold over after the Expiration Date or earlier termination of this Lease, and Landlord or pay shall desire to Landlord any cost that regain possession of the Premises, then Landlord may incur in disposing forthwith re-enter and take possession of such property within ten (10) days after demand thereforthe Premises without process, or by any legal process provided under applicable state law. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay liabilities and damages sustained by Tenant in so surrendering the premisesLandlord by reason of Landlord's retention of possession, including, without limitation, any claims made by any succeeding tenant or prospective tenant founded on upon such delay. Additionally, the parties recognize delay and agree that other damage agrees to be liable to Landlord resulting from for (i) any failure payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant timely to surrender and (ii) the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession loss of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination benefit of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of bargain if any month during which Tenant holds over in the premises after expiration or termination such tenant shall terminate its lease by reason of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 holding-over by Tenant. Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute21.4. Tenant’s obligations under this paragraph Article XXI shall survive the expiration or sooner earlier termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 22.1 Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s costAlterations, in any manner Landlord deems desirable. Landlord as may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay be required pursuant to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforArticle 6. Tenant shall indemnify also remove all of Tenant’s Property and save Landlord harmless against all costsother personal property and personal effects of all persons claiming through or under Tenant, claims, loss or liability resulting from delay by Tenant in so surrendering and shall pay the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other cost of repairing all damage to Landlord resulting from any failure the Premises and the Real Property occasioned by Tenant timely to surrender such removal. Any Tenant’s Property or other personal property that remains in the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Premises after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence Lease shall be deemed to have been abandoned and either may be an agreement expressly “providing otherwise” within retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof is sold, Landlord may receive and retain the meaning proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property or Alterations required to be removed as provided in Article 6, as well as the cost of repairing all damage to the Buildings or the Premises caused by such removal, shall be reimbursed to Landlord by Tenant, as Additional Rent, on demand. Section 232-c of 22.2 If the Real Property Law of Expiration Date falls on a day which is not a Business Day, then Tenant’s obligations under Section 22.1 shall be performed on or prior to the State of New York and any successor law of like import. immediately preceding Business Day. Section 22.3 Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the that Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of like import then in force in connection with any holdover summary proceedings which the that Landlord may institute. Tenant’s obligations under institute to enforce the provisions of this paragraph shall survive Article. Section 22.4 If the Premises are not surrendered upon the expiration or sooner other termination of this Lease, Tenant hereby indemnifies Landlord against liability or expense (including any consequential damages) resulting from delay by Tenant in so surrendering the term of this lease. At Premises, including any time during the term of this lease, claims made by any succeeding tenant or prospective tenant founded upon such delay and agrees to be liable to Landlord for (i) any payment or rent concession which Landlord may exhibit the demised premises be required to prospective purchasers, investors make to any tenant obtained by Landlord for all or mortgagees of Landlord’s interest therein. During the last year any part of the term Premises in order to induce such tenant not to terminate its lease by reason of this lease, Landlord may exhibit the premises to prospective tenantsholding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant.

End of Term. Section 21.1 All Tenant’s Property shall remain the property of Tenant shall surrender and may be removed by Tenant at any time during the demised premises to Landlord at Term. Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom-clean and in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyfor which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property Tenant’s Property and the Non-Standard Alterations (except that Tenant shall not be obligated as otherwise expressly set forth in this Lease) from the Premises to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforextent required under Section 4.4. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay repair any damage to the Premises occasioned by the removal by Tenant in so surrendering the premises, including, without limitation, or any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by person claiming under Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in of Tenant’s Property and all Non-Standard Alterations from the premises after expiration or termination of the term of Premises. Tenant’s obligations pursuant to this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations Article 21 shall survive the expiration or sooner termination of the term of this leaseTerm. Anything in this lease to If the contrary notwithstanding, the acceptance of any rent 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 232-c last day of the Real Property Law of Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the State of New York and any successor law of like importBusiness Day next preceding such day. Tenant expressly waives, for itself and for any person Person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may instituteinstitute to enforce the foregoing provisions of this Article 21. Section 21.2 (a) Tenant agrees that if for any reason Tenant or any subtenant of Tenant shall fail to vacate and surrender possession of the Premises or any part thereof on or before the expiration or earlier termination of this Lease and the Term, then Tenant’s continued possession of the Premises shall be as a month-to-month tenancy, during which time, without prejudice and in addition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall (1) pay to Landlord an amount equal to the greater of (A) during the first sixty (60) days of any such holding over, one hundred and fifty percent (150%) and (B) thereafter, two hundred percent (200%) of (x) the total monthly amount of Fixed Rent and regularly recurring Additional Rent payable hereunder prior to such termination and (y) the then current market rent for the Premises and (2) comply with all other terms and conditions of this Lease. The provisions of this Section 21.2 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Premises after the Expiration Date or sooner termination of this Lease or (ii) imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant, including without limitation the right to terminate such month-to-month tenancy as provided by law at any time after the expiration of the Term and any right to damages in the event that Tenant’s holding over causes Landlord to suffer any loss to the extent provided in Section 21.2(b) hereof. Tenant’s obligations under this paragraph Article 21 shall survive the expiration or sooner earlier termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender Notwithstanding anything to the demised premises to Landlord at contrary contained herein, if a Insubstantial Condemnation occurs on a Property within the expiration or sooner termination last thirty (30) months of the term of this lease in good order and condition, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration end of the term existing Term which requires restoration of this lease the Improvements on such Property (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other by more than any wiring or cablinga de minimis amount), Tenant shall reimburse Landlord or pay may, upon Notice to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforthe effective date of such Condemnation and subject to the provisions of the applicable Third Party Lease, if any, elect to not restore such Property, regardless of whether the Award with respect to such Insubstantial Condemnation is sufficient to complete said repair, restoration or reconstruction. If Tenant makes the election referred to in this Section, then the Award with respect to such Insubstantial Condemnation shall, subject to the rights of Third Party Lessors, belong entirely to Landlord. If, at the time of such election, Tenant then holds any portion of the Award received on account of such Insubstantial Condemnation, such Award shall, subject to the rights of Third Party Lessors, promptly be paid to Landlord. If Tenant makes such election not to restore, then this Restated Lease shall indemnify terminate as to such Property upon such election, and save Landlord harmless against all costs, claims, loss or liability resulting such Property shall be deemed deleted from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded this Restated Lease on such delaydate. AdditionallyThereupon, Fixed Rent shall be adjusted in accordance with the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceedingFixed Rent Adjustment Procedures, and the preceding sentence amounts held pursuant to this Restated Lease on account of advanced Real Estate Tax payments pursuant to Article 4 shall be adjusted accordingly. In no event shall any election pursuant to this Section be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and in any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the way affect Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice 's obligation to comply with all applicable Law and Rules and of any successor law of like import then in force in connection Environmental Law with any holdover summary proceedings respect to such Property before the time at which the Landlord may institute. Tenant’s obligations under such Property is deleted from this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsRestated Lease.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 22.1 Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s costAlterations, in any manner Landlord deems desirable. Landlord as may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay be required pursuant to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforArticle 6. Tenant shall indemnify also remove all of Tenant’s Property and save Landlord harmless against all costsother personal property and personal effects of all persons claiming through or under Tenant, claims, loss or liability resulting from delay by Tenant in so surrendering and shall pay the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other cost of repairing all damage to Landlord resulting from any failure the Premises and the Real Property occasioned by Tenant timely to surrender such removal. Any Tenant’s Property or other personal property that remains in the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Premises after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence Lease shall be deemed to have been abandoned and either may be an agreement expressly “providing otherwise” within retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such Tenant’s Property or other personal property or any part thereof is sold, Landlord may receive and retain the meaning proceeds of such sale as the property of Landlord. Any expense incurred by Landlord in removing or disposing of such Tenant’s Property or other personal property or Alterations required to be removed as provided in Article 6, as well as the cost of repairing all Back to Contents damage to the Building or the Premises caused by such removal, shall be reimbursed to Landlord by Tenant, as Additional Rent, on demand. Section 232-c of 22.2 If the Real Property Law of Expiration Date falls on a day which is not a Business Day, then Tenant’s obligations under Section 22.1 shall be performed on or prior to the State of New York and any successor law of like import. immediately preceding Business Day. Section 22.3 Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the that Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any similar or successor law of like import then in force in connection with any holdover summary proceedings which the that Landlord may institute. institute to enforce the provisions of this Article. Section 22.4 If the Premises are not surrendered upon the expiration or other termination of this Lease, Tenant hereby indemnifies Landlord against liability or expense (including any consequential damages) resulting from delay by Tenant in so surrendering the Premises, including any claims made by any succeeding tenant or prospective tenant founded upon such delay and agrees to be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises in order to induce such tenant not to terminate its lease by reason of the holding-over by Tenant and (ii) the loss of the benefit of the bargain if any such tenant shall terminate its lease by reason of the holding-over by Tenant. Section 22.5 Tenant’s obligations obligation under this paragraph Article shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at Section 20.1. Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom clean, in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtycasualty or by condemnation excepted, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any Tenant’s Property and all other personal property remaining in and personal effects of all persons claiming through or under Tenant, and shall pay the demised premises following cost of repairing all damage to the expiration of the term of this lease (or Premises occasioned by such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at removal. Any Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage Property or other residual value of such property. In consideration of Landlord’s disposing of such personal property (other than any wiring that remains in, on or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within at the Premises ten (10) days after demand thereforthe termination of this Lease shall be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. Tenant shall indemnify If Tenant’s Property or other personal property or any part thereof is sold, Landlord may receive and save retain the proceeds of such sale as the property of Landlord. Any expense incurred by Landlord harmless against in removing or disposing of Tenant’s Property, as well as the cost of repairing all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to the Premises caused by such removal, shall be reimbursed to Landlord resulting from any failure by Tenant timely to surrender Tenant, as Additional Rent, on demand. Section 20.2. If the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is Premises are not surrendered to Landlord within one (1) day after upon the expiration or sooner other termination of the term of this leaseLease and all Tenant Property removed as provided above, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 occupying the meaning of Section 232-c Premises as a tenant at will at a rental equal to the Fixed Rent in effect immediately prior to the expiration of the Real Property Law term plus fifty percent (50%) of such amount and otherwise subject to all the State conditions, provisions and obligations of New York and any successor law of like importthis Lease insofar as the same are applicable to a tenancy at will. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Lease14TerraceDrive 12/15/2012 Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute20.3. Tenant’s obligations under this paragraph Article shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY Upon the expiration or sooner other termination of the term of this lease Lease, Tenant shall peaceably quit and surrender to Landlord the Premises and all alterations and additions thereto, broom clean, in good order order, repair and conditioncondition (except as provided herein and in Articles 8.7, except for reasonable 18 and 20), excepting only ordinary wear and tear use and damage by fire or other casualtycasualty for which, and under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of extent specified by Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims all cabling and wiring installed by or for the benefit of Tenant, all alterations and additions made by any succeeding tenant founded Tenant and all partitions wholly within the Premises, but excluding Tenant's Work as specified on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunderExhibit TW, and will be impossible of accurate measurementshall repair any damages to the Premises or the Building caused by their installation or by such removal. Tenant therefore agrees that if possession of the demised premises is not surrendered Tenant's obligation to Landlord within one (1) day after observe or perform this covenant shall survive the expiration or sooner other termination of the term of this leaseLease. Tenant will remove any personal property from the Building and the Premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the Premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive and retain the proceeds of such sale and apply the same at its option against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant will pay to Landlord as liquidated and any damages for use and occupancy for each month and for each portion to which Landlord may be entitled under Article 21 hereof or pursuant to law. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any month during which Tenant holds over in part thereof after the premises after expiration or prior termination of the term of this leaseLease then, at Landlord's option, the person remaining in possession shall be deemed a sum equal tenant-at-sufferance or a trespasser. In the event that Tenant holds over with Landlord's consent, such occupancy shall be deemed a tenancy from month to two (2) times month. Whereas the average rent and additional rent which was payable per month under this lease during parties hereby acknowledge that Landlord may need the last six (6) months of the term hereof. The aforesaid obligations shall survive Premises after the expiration or sooner prior termination of the term of the Lease 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 hereof. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from any cost, loss, claim or liability (including attorneys' fees) Landlord may incur as a result of Tenant's failure to surrender possession of the Premises to Landlord. In the event that Tenant holds over with or without Landlord's consent, such occupancy shall be upon all the terms and conditions of this lease. Anything in this lease Lease pertaining to the contrary notwithstandingobligations of Tenant, including that Tenant shall pay to Landlord, for each month or portion thereof that Tenant shall retain possession of the acceptance Premises after the expiration or termination of any the Lease, whether by lapse of time or otherwise, in addition to all rental and other charges due and accrued under the Lease prior to the date of termination, use and occupancy charges equal to two hundred percent (200%) of the greater of (a) the then fair market rent shall not preclude for the Premises as conclusively determined by Landlord from commencing or (b) the sum of the Yearly Rent and prosecuting a holdover additional rent at the rate payable monthly during the twelve (12) months immediately preceding the expiration or summary eviction proceedingtermination of the Lease and all Extension Options, and the preceding sentence if any, shall be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules terminated and of any successor law of like import then in force in connection with any holdover summary proceedings no further effect. In addition, Tenant shall hold Landlord harmless from all damages which the Landlord may institute. suffer as the result of Tenant’s obligations under this paragraph shall survive 's holdover after the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY; HOLDOVER Upon the expiration or sooner other termination of the term Term of this lease Sublease. Sublessee shall peaceably quit and surrender to Sublessor the Sublease Premises (and all alterations and additions thereto which Sublessee in not entitled or required to remove under the provisions of this Sublease), broom-clean, in good order order, repair and condition, except for condition excepting only reasonable wear and tear and damage by fire or other casualtycasualty for which, under other provisions of this Sublease, Sublessee has no responsibility of repair or restoration. Sublessee's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Sublease. If the last day of the Term of this Sublease or any renewal thereof falls on a day other than a Business Day, this Sublease shall expire on the Business Day immediately preceding. Any personal property in which Sublessee has an interest which shall remain in the Building or on the Sublease Premises after the expiration or termination of the Term of this Sublease shall be conclusively deemed to have been abandoned, and Tenant shall may be disposed of in such manner as Sublessor may see fit. Notwithstanding the foregoing, Sublessee will, upon request of Sublessor made not later than thirty (30) days after the expiration or termination of the Term hereof, promptly remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that from the Building any personal property remaining or, if any part thereof shall be sold, then Sublessor may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Rent payable hereunder by Sublessee to Sublessor and any damages to which Sublessor may be entitled under Article 15 hereof or pursuant to law, with the balance if any, to be paid to Sublessee. In the event of holding over by Sublessee after expiration or other termination of this Sublease, occupancy of the Sublease Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year, but Sublessee shall, throughout the demised premises following entire holdover period, be subject to all the terms and provisions of this Sublease and shall pay for its use and occupancy an amount (on a per diem basis) equal to two hundred percent (200%) of the sum of the Yearly Fixed Rent and Additional Rent (at the rental rate for the period immediately preceding such holdover), and in no event shall such holdover rental be less than the fair market rental for the Sublease Premises. No holding over by Sublessee or payments of money by Sublessee to Sublessor after the expiration of the term of this lease (Sublease shall be construed to extend the Term or prevent Sublessor for recovery of immediate possession of the Sublease Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such earlier date as of which the term hereof may have been terminated) holdover period, Sublessee also shall be liable so Sublessor for all purposes be deemed conveyed to damage, including any consequential damage, which Sublessor may suffer by reason of any holding over by Sublessee, and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant Sublessee shall indemnify Sublessor against any and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding other tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure or prospective tenant against Sublessor for delay by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if Sublessor in delivering possession of the demised premises is not surrendered Sublease Premises to Landlord within one (1) day after the expiration such other tenant or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantstenant.

End of Term. Tenant Section 21.01. On the date upon which the Demised Term shall expire and come to an end, whether pursuant to any of the provisions of this Lease or by operation of law, and whether on or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the demised premises Demised Premises to Landlord at the expiration or sooner termination of the term of this lease Landlord, broom clean and in good order and condition, condition except for reasonable ordinary wear and tear and tear, damage by fire or other casualtycasualty for which Tenant is not otherwise liable and damage caused by the acquisition or condemnation of all or any part of the Demised Premises for any public or quasi-public use or purpose, and Tenant (ii) shall remove all of its Tenant's Personal Property and all other property and effects of Tenant and all persons claiming through or under Tenant from the Demised Premises and the Building, and (except that iii) shall repair all damage to the Demised Premises occasioned by such removal. Notwithstanding the foregoing, Tenant shall not be obligated required to so remove any wires or cables concealed above the finished ceiling, behind finished walls or beneath the finished floor so long as such wiring or cabling)cabling is suitably capped. Tenant agrees that Landlord shall have the right to retain any personal property remaining and effects which shall remain in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Demised Premises after the expiration or sooner termination of the term Demised Term (so long as Tenant has otherwise relinquished possession of the Demised Premises), and any net proceeds from the sale thereof, without waiving Landlord's rights with respect to any default by Tenant under the foregoing provisions of this leaseSection. To the extent legally permissible, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person person may have under the provisions of Section 2201 any present or future law then in force, to apply for or obtain any stay or extension of its right to remain in possession of the New York Civil Practice Law and Rules and of Demised Premises or any successor law of like import then in force part thereof in connection with any holdover summary proceedings proceeding or any other action or proceeding which Landlord may institute to enforce the foregoing provisions of this Article. If said date upon which the Landlord may instituteDemised Term shall expire and come to an end shall fall on a Sunday or holiday, then Tenant's obligations under the first sentence of this Section shall be performed on or prior to the Saturday or business day immediately preceding such Sunday or holiday. Tenant’s 's obligations under this paragraph Section shall survive the expiration or sooner termination of the term Demised Term. Tenant shall pay to Landlord, for each month (or fraction thereof) during which Tenant fails to comply with such obligations (referred to as the "Holdover Period") a sum equal to 150% of this leasethe Fixed Rent payable for the month immediately preceding the Expiration Date. At Such payments (referred to as "Holdover Payments") are acknowledged to be a reasonable approximation of the damages which will be incurred by Landlord on account of such failure. In no event shall the demand for or receipt of any time Holdover Payments be deemed to preclude Landlord from seeking to have Tenant evicted from the Demised Premises during the term Holdover Period or pursuing any other available remedy on account of Tenant's failure to comply with Tenant's obligations under this leaseSection, provided however that Tenant shall not be liable to Landlord may exhibit for the demised premises to prospective purchasers, investors or mortgagees payment of Landlord’s interest therein. During the last year damages in excess of the term Holdover Payments for the initial thirty (30) days included as part of this lease, Landlord may exhibit the premises to prospective tenantsHoldover Period.

End of Term. Tenant On the date upon which the Demised Term ----------- shall expire and come to an end, whether pursuant to any of the provisions of this Lease or by operation of law, and whether on or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the demised premises Demised Premises to Landlord at the expiration or sooner termination of the term of this lease Owner, broom clean and in good order and condition, except for reasonable ordinary wear and tear and damage or destruction by fire or any other casualtycasualty and repairs for which Tenant is not responsible under the provisions of this Lease excepted, and Tenant (ii) shall remove all of its Tenant's Personal Property and all other property and effects of Tenant and all persons claiming through or under Tenant (except that Tenant including, but not limited to, all telecommunications facilities) from the Demised Premises and the Building, and (iii) shall not be obligated repair all damage to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises Demised Premises and the Building occasioned by such removal and (iv) shall, at Owner's election, exercisable within six (6) months following the expiration or earlier termination of the term Demised Term, remove any private interior staircases in the Demised Premises or connecting the Demised Premises or any part thereof with any other space (referred to herein as the "Other Space") in the Building ----------- occupied by Tenant, and restore those portions of this lease the Demised Premises, the Other Space and the Building affected by any such staircases (or including, but not limited to, the slabbing over of any openings) to the condition of each which existed prior to the installation of any such earlier date as staircases, and repair any damage to the Demised Premises, Other Space and the Building occasioned by such removal. Notwithstanding the provisions of which subdivision (iv) of the term hereof may foregoing sentence, in the event Owner does not elect to have been terminated) removed any such staircase referred to therein, any such staircase shall for all purposes be deemed conveyed to and to be remain the property of Landlord who Owner at no cost or expense to Owner. Owner shall be free have the right to dispose of such property, at Tenant’s cost, retain any property and effects which shall remain in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Demised Premises after the expiration or sooner termination of the term Demised Term, and any net proceeds from the sale thereof, without waiving Owner's rights with respect to any default by Tenant under the foregoing provisions of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like importSection. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force force, in connection with any holdover summary proceedings which Owner may institute to enforce the Landlord may instituteforegoing provisions of this Article. If said date upon which the Demised Term shall expire and come to an end shall fall on a Sunday or holiday, then Tenant's obligations under the first sentence of this Section shall be performed on or prior to the Saturday or business day immediately preceding such Sunday or holiday. Tenant’s 's obligations under this paragraph Section shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsDemised Term.

End of Term. Section 21.1 All Tenant’s Property shall remain the property of Tenant shall surrender and may be removed by Tenant at any time during the demised premises to Landlord at Term. Upon the expiration or sooner other termination of this Lease, Tenant shall quit and surrender to Landlord the term of this lease Premises, vacant, broom-clean and in good order and condition, except for reasonable ordinary wear and tear and tear, damage caused by fire or other casualtycasualty or condemnation and damage for which Tenant is not responsible under the terms of this Lease excepted, and Tenant shall remove all of its property Tenant’s Property and the Non-Standard Alterations (except that Tenant shall not be obligated as otherwise expressly set forth in this Lease) from the Premises to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforextent required under Section 4.4. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay repair any damage to the Premises occasioned by the removal by Tenant in so surrendering the premises, including, without limitation, or any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by person claiming under Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in of Tenant’s Property and all Non-Standard Alterations from the premises after expiration or termination of the term of Premises. Tenant’s obligations pursuant to this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations Article 21 shall survive the expiration or sooner termination of the term of this leaseTerm. Anything in this lease to If the contrary notwithstanding, the acceptance of any rent 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 232-c last day of the Real Property Law of Term or any renewal thereof falls on Saturday or Sunday, this Lease shall expire on the State of New York and any successor law of like importBusiness Day next preceding such day. Tenant expressly waives, for itself and for any person Person claiming through or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may instituteinstitute to enforce the foregoing provisions of this Article 21. (a) Subject to the provisions of Section 21.2(b) hereof, Tenant agrees that if for any reason Tenant or any subtenant of Tenant shall fail to vacate and surrender possession of the Premises or any part thereof on or before the expiration or earlier termination of this Lease and the Term, then Tenant’s continued possession of the Premises shall be as a month-to-month tenancy, during which time, without prejudice and in addition to any other rights and remedies Landlord may have hereunder or at law, Tenant shall (1) pay to Landlord an amount (the “Holdover Amount”) per month (or per diem solely to the extent the provisions of Section 21.2(c) hereof apply) equal to (A) during the first thirty (30) days of any such holding over, one hundred and fifty percent (150%) of the total monthly amount of Fixed Rent payable hereunder prior to such termination, plus Additional Rent payable hereunder, (B) during the next ninety (90) days of any such holding over, two hundred percent (200%) of the total monthly amount of Fixed Rent payable hereunder prior to such termination, plus Additional Rent payable hereunder and (C) thereafter, two hundred and fifty percent (250%) of the greater of (x) the total monthly amount of Fixed Rent and regularly recurring Additional Rent payable hereunder prior to such termination and (y) the then current market rent for the Premises and (2) comply with all other terms and conditions of this Lease. The provisions of this Section 21.2 shall not in any way be deemed to (i) permit Tenant to remain in possession of the Premises after the Expiration Date or sooner termination of this Lease or (ii) imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 21. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant, including without limitation the right to terminate such month-to-month tenancy as provided by law at any time after the expiration of the Term and any right to damages in the event that Tenant’s holding over causes Landlord to suffer any loss. Any determination of “market rent” pursuant to this Section 21.2(a) shall be made taking into consideration (I) the fair market rental value of space of similar size and comparable condition in any First Class Office Buildings (including the Building) available for leasing for a comparable term, by a ready, willing and able tenant from a ready, willing and able landlord, neither of whom is under compulsion to enter into a lease and (II) Tenant’s payment with respect to Pilot and/or Taxes (as applicable) and Operating Expenses as provided in Article 7 of this Lease (provided that base years for determining Base Tax Amount and Base Operating Expenses shall be updated in connection with determining such market rent). Tenant’s obligations under this paragraph Article 21 shall survive the expiration or sooner earlier termination of this Lease. (b) Notwithstanding anything to the term contrary contained in Section 21.2(a) hereof, at any time during the Term (or thereafter while Tenant remains in occupancy of this leaseall or any portion of the Premises as a holdover tenant) Tenant may deliver a notice (the “Holdover Take Back Notice”) to Landlord designating one or more full floors of the Premises (the “Holdover Take Back Space”), which floors Tenant shall have fully quit and surrendered in accordance with the requirements set forth in Section 21.1 hereof. At any time during the term of this leaseafter Landlord receives a Holdover Take Back Notice, Landlord may exhibit elect (in its sole discretion) on written notice to Tenant to terminate this Lease solely with respect to all or any full floors of such Holdover Take Back Space as of a date (the demised premises to prospective purchasers, investors or mortgagees of “Holdover Take Back Space Termination Date”) set forth in Landlord’s interest thereinnotice; provided, however, that Landlord shall be obligated to terminate this Lease with respect to any full floor(s) of such Holdover Take Back Space with respect to which Landlord shall have executed a lease with another tenant who is obligated to accept delivery of such space to be delivered on or prior to the applicable Holdover Take Back Space Termination Date. During In the last year event that Landlord elects to so terminate this Lease with respect to all or any portion of such Holdover Take Back Space, then provided that Tenant shall have fully quit and surrendered such Holdover Take Back Space in accordance with the requirements set forth in Section 21.1 hereof, (i) this Lease shall be deemed to be terminated with respect to such Holdover Take Back Space as of the term Holdover Take Back Space Termination Date and (ii) the provisions of this leaseSection 21.2(a) hereof shall no longer apply with respect to such Holdover Take Back Space from and after the Holdover Take Back Space Termination Date. (c) At any time on or prior to the date that is thirty (30) days prior to the Expiration Date or the expiration of the then applicable Holdover Per Diem Period, Tenant may deliver a written notice (a “Holdover Per Diem Notice”) to Landlord setting forth a date (the “Holdover Per Diem Expiration Date”) on which Tenant reasonably anticipates in good faith that Tenant shall fully quit and surrender all of the Premises in accordance with the terms of Section 21.1 hereof (which date solely for purposes of such Holdover Per Diem Notice shall not be sooner than thirty (30) days after the Expiration Date or the then current Holdover Per Diem Expiration Date, as applicable, nor later than ninety (90) days after the Expiration Date or the then current Holdover Per Diem Expiration Date, as applicable). Notwithstanding anything to the contrary contained in Section 21.2(a) hereof, the Holdover Amount shall be calculated based on the actual number of days in the period (the “Holdover Per Diem Period”) commencing on the day immediately after the Expiration Date or the then current Holdover Per Diem Expiration Date, as the case may exhibit be, and expiring on the premises next succeeding Holdover Per Diem Expiration Date. In the event that Tenant shall not have fully quit and surrendered all of the Premises in accordance with the terms of Section 21.1 hereof within ten (10) Business Days after the then current Holdover Per Diem Expiration Date, then the Holdover Amount shall be calculated on a monthly basis until Tenant shall have once again delivered a Holdover Per Diem Notice (i.e., in the event that Tenant holds over in the Premises on any day during any calendar month from and after the Expiration Date or such Holdover Per Diem Expiration Date, as the case may be, the Holdover Amount shall be payable by Tenant with respect to prospective tenantsthe entire calendar month, and thereafter with respect to any subsequent entire calendar month during which Tenant holds over in the Premises until Tenant shall have once again delivered a Holdover Per Diem Notice).

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY Upon the expiration or sooner other termination of the term Term of this lease Lease, Tenant shall peaceably quit and surrender to Landlord the Property in broom clean in good order order, repair and condition, except for excepting only reasonable use and wear and tear and damage by fire or other casualtycasualty for which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration, but subject in every event to terms of Article 15 hereof, and subject to the provisions of Article 9 herein. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, this Lease shall expire on the Business Day immediately preceding. Tenant shall remove all pay one and one-quarter times the amount of its property Rent applicable to each month (except that or fraction thereof) during which Tenant remains in possession of any part of the Property in violation of the foregoing covenants, without prejudice to eviction and any other remedy available to Landlord on account thereof. Notwithstanding the foregoing, in no event shall Tenant be liable for any type of consequential damages (including but not be obligated limited to remove any wiring or cabling). Tenant agrees that any personal property remaining loss of profits) in connection with Tenant's holding over and failure to redeliver possession of the demised premises Property to Landlord following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term Term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during Lease. Any Tenant's Personal Property which Tenant holds over shall remain in the premises Building or on the Property after the expiration or termination of the term Term of this lease, a sum equal Lease shall be conclusively deemed to two have been abandoned thirty (230) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the days following such expiration or sooner termination of the term Term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceedingLease, and the preceding sentence shall may thereafter be deemed to be an agreement expressly “providing otherwise” within the meaning disposed of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any in such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the manner as Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantssee fit.

End of Term. Tenant shall surrender the demised premises to Landlord at 23.1. Upon the expiration or sooner other termination of the term of this lease Lease, or upon any re-entry by Landlord upon the demised premises, Tenant shall quit and surrender to Landlord the demised premises, broom clean, in good order and conditioncondition and repair, except for reasonable ordinary wear and tear and damage by fire fire, the elements or other casualtycasualty excepted, and Tenant shall remove all of its property as herein provided. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 23.2. No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the demised premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord and each Superior Lessor and Superior Mortgagee whose lease or mortgage, as the case may be, provides that no such surrender may be accepted without its consent. (except that 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 or early termination of the term of this Lease, and if Landlord shall then not be obligated proceed to remove any wiring or cabling). Tenant agrees that any personal property remaining in from the demised premises following in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the demised 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 demised premises after the expiration of the term shall be under a month-to-month tenancy commencing on the first day after the expiration or early termination of the term, which tenancy 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 annual rent, an amount equal to 150% of one-twelfth of the higher of (i) the fixed annual rent and additional rent payable by Tenant during the twelve (12) months preceding the expiration of the term of this lease Lease (or such earlier date as annualized in the case of which an early termination occurring less than 12 months after the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s costCommencement Date and, in any manner event, without giving effect to any abatement or offset against such rents) or (ii) an amount equal to the then market rental value for the demised premises as shall be established by Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration giving notice to Tenant of Landlord’s disposing good faith estimate of such property market rental value. Tenant may dispute such market rental value for the demised premises as estimated by Landlord by giving notice to Landlord within but in no event after twenty (other than any wiring or cabling20) days after the giving of Landlord’s notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the essence). Enclosed with such notice, Tenant shall reimburse Landlord or pay be required to furnish to Landlord any cost that Landlord may incur the written opinion of a reputable New York licensed real estate broker having leasing experience in disposing the Borough of such property within Manhattan for a period of not less than ten (10) days after demand thereforyears, setting forth said broker’s good faith opinion of the market rental value of the demised premises. If Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering are unable to resolve any such dispute as to the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender market rental value for the demised premises will then an independent arbitrator who shall be substantiala real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the AAA (or any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the individual arbitrator from such listing, will exceed then the amount first arbitrator so listed by the AAA (or any successor thereto) shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of monthly rent theretofore payable hereunder, such arbitrator shall be conclusive and will be impossible binding upon the parties as to the market rental value for the demised premises. Pending the determination of accurate measurement. Tenant therefore agrees that if possession the market rental value of the demised premises is not surrendered to Landlord within one (1) day after upon the expiration or sooner termination of the term of this leaseLease, then Tenant will shall pay to Landlord as liquidated damages fixed annual rent an amount computed in accordance with clauses (i) or (ii) of this Section 23.3(a) (as Landlord shall then elect), and upon determination of the market rental value of the demised premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the demised 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 demised premises as a holdover, the fixed annual rent for the use and occupancy for each month and for each portion of the demised premises during any month during which Tenant holds over holdover period shall be calculated in the premises after expiration same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any losses or termination of the term of this lease, a sum equal to two damages arising from such holdover as provided in Section 23.3(c) hereof. (2b) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease Notwithstanding anything to the contrary notwithstandingcontained in this Lease, the acceptance of any rent paid by Tenant pursuant to Section 23.3(a) hereof 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 232-c of the Real Property Law of the State of New York and any successor law of like import. York. (c) If Tenant expressly waives, for itself and for any person claiming through shall hold-over or under the Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and remain in possession of any successor law portion of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises for more than sixty (60) days beyond the Expiration Date, Tenant shall be subject not only to prospective purchaserssummary proceeding and all damages related thereto, investors but also to any damages arising out of any lost opportunities (and/or new leases) by Landlord to re-let the demised premises (or mortgagees any part thereof). All damages to Landlord by reason of Landlord’s interest therein. During such holding over by Tenant may be the last year subject of the term of this lease, a separate action and need not be asserted by Landlord may exhibit the premises to prospective tenantsin any summary proceedings against Tenant.

End of Term. Tenant On the date upon which the Demised Term shall expire and come to an end, whether pursuant to any of the provisions of this Lease or by operation of law, and whether on or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the demised premises Demised Premises to Landlord at the expiration or sooner termination Owner, broom clean and with respect to any portions of the term Demised Premises which are not going to be demolished by Owner in connection with a subsequent letting (including, without limitation, any portions of this lease the Building services located within the Demised Premises) in good order and condition, except for reasonable ordinary wear and tear excepted and damage damages by fire fire, the elements or other casualtycasualty for which Tenant is not responsible under the provisions of this Lease excepted, and Tenant (ii) shall remove all of its property (except Tenant's Personal Property that Tenant shall not be obligated elects to remove and all other property and effects of Tenant and all persons claiming through or under Tenant from the Demised Premises and the Building, and (iii) shall repair all damage to a the Demised Premises occasioned by such removal. Owner shall have the right to retain any wiring or cabling). Tenant agrees that any personal property remaining and effects which shall remain in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Demised Premises after the expiration or sooner termination of the term Demised Term, and any net proceeds from the sale thereof, without waiving Owner's rights with respect to any default by Tenant under the foregoing provisions of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like importSection. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force force, in connection with any holdover summary proceedings which Owner may institute to enforce the Landlord may instituteforegoing provisions of this Article. Tenant’s 's obligations under this paragraph Section shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsDemised Term.

End of Term. Tenant shall surrender the demised premises to Landlord at 23.1. Upon the expiration or sooner other termination of the term of this lease Lease, or upon any re-entry by Landlord upon the demised premises, Tenant shall quit and surrender to Landlord the demised premises, broom clean, in good order and conditioncondition and repair, except for reasonable ordinary wear and tear and damage by fire fire, the elements or other casualtycasualty excepted, and Tenant shall remove all of its property as herein provided. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 23.2. No act or thing done by Landlord or its agents shall be deemed an acceptance of a surrender of the demised premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord and each Superior Lessor and Superior Mortgagee whose lease or mortgage, as the case may be, provides that no such surrender may be accepted without its consent. (except that 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 or early termination of the term of this Lease, and if Landlord shall then not be obligated proceed to remove any wiring or cabling). Tenant agrees that any personal property remaining in from the demised premises following in the manner permitted by law (or shall not have given written notice to Tenant that Tenant must vacate the demised 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 demised premises after the expiration of the term shall be under a month-to-month tenancy commencing on the first day after the expiration or early termination of the term, which tenancy 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 annual rent, an amount equal to one and one-half (1 ½) times one-twelfth of the higher of (i) the fixed annual rent and additional rent payable by Tenant during the twelve (12) months preceding the expiration of the term of this lease Lease (or such earlier date as annualized in the case of which an early termination occurring less than 12 months after the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s costCommencement Date and, in any manner event, without giving effect to any abatement or offset against such rents) or (ii) an amount equal to the then market rental value for the demised premises as shall be established by Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration giving notice to Tenant of Landlord’s disposing good faith estimate of such property market rental value. Tenant may dispute such market rental value for the demised premises as estimated by Landlord by giving notice to Landlord within but in no event after twenty (other than any wiring or cabling20) days after the giving of Landlord’s notice to Tenant (as to the giving of which notice to Landlord, time shall be deemed of the essence). Enclosed with such notice, Tenant shall reimburse Landlord or pay be required to furnish to Landlord any cost that Landlord may incur the written opinion of a reputable New York licensed real estate broker having leasing experience in disposing the Borough of such property within Manhattan for a period of not less than ten (10) days after demand thereforyears, setting forth said broker’s good faith opinion of the market rental value of the demised premises. If Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering are unable to resolve any such dispute as to the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender market rental value for the demised premises will then an independent arbitrator who shall be substantiala real estate broker of similar qualifications and shall be selected from a listing of not less than three (3) brokers furnished by the AAA (or any successor thereto) to Tenant and Landlord (at the request of either Landlord or Tenant). If Landlord and Tenant are unable to agree upon the selection of the individual arbitrator from such listing, will exceed then the amount first arbitrator so listed by the AAA (or any successor thereto) shall be conclusively presumed to have been selected by both Landlord and Tenant and the decision of monthly rent theretofore payable hereunder, such arbitrator shall be conclusive and will be impossible binding upon the parties as to the market rental value for the demised premises. Pending the determination of accurate measurement. Tenant therefore agrees that if possession the market rental value of the demised premises is not surrendered to Landlord within one (1) day after upon the expiration or sooner termination of the term of this leaseLease, then Tenant will shall pay to Landlord as liquidated damages fixed annual rent an amount computed in accordance with clauses (i) or (ii) of this Section 23.3(a) (as Landlord shall then elect), and upon determination of the market rental value of the demised premises in accordance with the preceding provisions hereof appropriate adjustments and payments shall be effected. Further, Landlord shall not be required to perform any work, furnish any materials or make any repairs within the demised 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 demised premises as a holdover, the fixed annual rent for the use and occupancy for each month and for each portion of the demised premises during any month during which Tenant holds over holdover period shall be calculated in the premises after expiration same manner as set forth above. In addition to the foregoing, Landlord shall be entitled to recover from Tenant any losses or termination of the term of this lease, a sum equal to two damages arising from such holdover as provided in Section 23.3(c) hereof. (2b) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease Notwithstanding anything to the contrary notwithstandingcontained in this Lease, the acceptance of any rent paid by Tenant pursuant to Section 23.3(a) hereof 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 232223-c of the Real Property Law of the State of New York York. (c) If Tenant shall hold-over or remain in possession of any portion of the demised premises beyond the Expiration Date, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any successor law damages arising out of like importany new leases or lost opportunities by Landlord to re-let the demised premises (or any part thereof) in accordance with and subject to the following provisions of this Section 23.3(c). In the event that: (i) Landlord shall enter into one or more leases for all or any portion of the demised premises which either (A) is for a term that is scheduled to commence within six (6) months after the Expiration Date of this Lease or (B) is for a term that is scheduled to commence within twelve (12) months after the Expiration Date of this Lease and which requires Landlord to perform any demolition, tenant improvement work or any other work as a precondition to the commencement of such term (any such lease is herein called a “Qualifying Lease”), and (ii) Landlord shall give Tenant expressly waiveswritten notice thereof (herein called a “Qualifying Lease Notice”), for itself which Qualifying Lease Notice may be given at any time prior to or following the Expiration Date and for shall describe the premises leased pursuant to such Qualifying Lease, and (iii) Tenant shall hold-over or remain in possession of any person claiming through portion of the demised premises beyond the date which is thirty (30) days following the later of (A) the Expiration Date or under (B) the date on which Landlord shall have given such Qualifying Lease Notice to Tenant, then, in such event, Tenant shall be subject to all damages arising out of any rights which the Tenant new leases or lost opportunities by Landlord to re-let all or any such Person may have under the provisions of Section 2201 part of the New York Civil Practice Law and Rules and of demised premises covered by a Qualifying Lease Notice given at least thirty (30) days prior to the date on which Landlord incurs such damages, including without limitation any successor law of like import then in force such damages in connection with Landlord’s inability to deliver the premises leased pursuant to such Qualifying Lease to the tenant under such Qualifying Lease. All damages to Landlord by reason of such holding over by Tenant may be the subject of a separate action and need not be asserted by Landlord in any holdover summary proceedings which the Landlord may institute. against Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.

End of Term. Tenant shall surrender the demised premises Premises to Landlord at the expiration or sooner termination of the term of this lease Lease in good order and condition, broom-clean, except for reasonable wear and tear and damage tear. Tenant shall be liable to Landlord for all damages, including consequential damages, that Landlord may suffer by fire or other casualtyreason of any holding over by Tenant, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such propertyindemnify, at Tenant’s costdefend, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss loss, or liability resulting from delay by Tenant in so surrendering the premisesPremises, including, without limitation, including any claims made by any succeeding tenant founded on such Tenant arising from the delay. AdditionallyAll Alterations made by Landlord or Tenant to the Premises shall become Landlord’s property on the expiration or sooner termination of the Lease Term. On the expiration or sooner termination of the Lease Term, Tenant, at its expense, shall remove from the parties recognize Premises all of Tenant’s personal property, and agree all Alterations (including, computer and telecommunications wiring) that other Landlord designates by notice to Tenant. Tenant shall also repair any damage to Landlord resulting from any failure the Premises caused by Tenant timely to surrender the demised premises will be substantial, will exceed removal. Any items of Tenant’s property that shall remain in the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Premises after the expiration or sooner termination of the term Lease Term, may, at the option of this leaseLandlord, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceeding, and the preceding sentence shall be deemed to have been abandoned, and in that case, those items may be an agreement expressly “providing otherwise” within the meaning retained by Landlord as its property to be disposed of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waivesby Landlord, for itself and for any person claiming through or under the Tenant, any rights which the without accountability to Tenant or any such Person may have under other party, in the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the manner Landlord may institute. shall determine, at Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsexpense.

End of Term. Tenant On the date upon which the Demised Term ----------- shall expire and come to an end, whether pursuant to any of the provisions of this Lease or by operation of law, and whether on or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the demised premises Demised Premises to Landlord at the expiration or sooner termination of the term of this lease Owner, broom clean and in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant (ii) shall remove all of its Tenant's Personal Property and all other property and effects of Tenant and all persons claiming through or under Tenant from the Demised Premises and the Building, and (except that Tenant iii) shall not be obligated repair all damage to the Demised Premises occasioned by such removal and (iv) shall, at Owner's election, exercisable on or before the expiration or earlier termination of the Demised Term, remove any wiring or cabling). Tenant agrees that any personal property remaining private interior staircases in the demised premises following Demised Premises or connecting the expiration Demised Premises or any part thereof with any other space (referred to herein as the "Other Space") in the Building occupied by ----------- Tenant, and restore those portions of the term Demised Premises, the Other Space and the Building affected by any such staircases (including, but not limited to, the slabbing over of this lease any openings) to the condition of each which existed prior to the installation of any such staircases, and repair any damage to the Demised Premises, Other Space and the Building occasioned by such removal. Notwithstanding the provisions of subdivision (or iv) of the foregoing sentence, in the event Owner does not elect to have removed any such earlier date as of which the term hereof may have been terminated) staircase referred to therein, any such staircase shall for all purposes be deemed conveyed to and to be remain the property of Landlord who Owner at no cost or expense to Owner. Owner shall be free have the right to dispose of such property, at Tenant’s cost, retain any property and effects which shall remain in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Demised Premises after the expiration or sooner termination of the term Demised Term, and any net proceeds from the sale thereof, without waiving Owner's rights with respect to any default by Tenant under the foregoing provisions of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like importSection. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force force, in connection with any holdover summary proceedings which Owner may institute to enforce the Landlord may instituteforegoing provisions of this Article. If said date upon which the Demised Term shall expire and come to an end shall fall on a Sunday or holiday, then Tenant's obligations under the first sentence of this Section shall be performed on or prior to the Saturday or business day immediately preceding such Sunday or holiday. Tenant’s 's obligations under this paragraph Section shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsDemised Term.

End of Term. Tenant shall surrender Notwithstanding anything to the demised premises to Landlord at contrary contained herein, if a Insubstantial Condemnation occurs on a Property within the expiration or sooner termination last thirty (30) months of the term of this lease in good order and condition, except for reasonable wear and tear and damage by fire or other casualty, and Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration end of the term existing Term which requires restoration of this lease the Improvements on such Property (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other by more than any wiring or cablinga de minimis amount), Tenant shall reimburse Landlord or pay may, upon Notice to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand thereforthe effective date of such Condemnation and subject to the provisions of the applicable Third Party Lease, if any, elect to not restore such Property, regardless of whether the Award with respect to such Insubstantial Condemnation is sufficient to complete said repair, restoration or reconstruction. If Tenant makes the election referred to in this Section, then the Award with respect to such Insubstantial Condemnation shall, subject to the rights of Third Party Lessors, belong entirely to Landlord. If, at the time of such election, Tenant then holds any portion of the Award received on account of such Insubstantial Condemnation, such Award shall, subject to the rights of Third Party Lessors, promptly be paid to Landlord. If Tenant makes such election not to restore, then this Restated Lease shall indemnify terminate as to such Property upon such election, and save Landlord harmless against all costs, claims, loss or liability resulting such Property shall be deemed deleted from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded this Restated Lease on such delaydate. AdditionallyThereupon, Fixed Rent shall be adjusted in accordance with the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent shall not preclude Landlord from commencing and prosecuting a holdover or summary eviction proceedingFixed Rent Adjustment Procedures, and the preceding sentence amounts held pursuant to this Restated Lease on account of advanced Real Estate Tax payments pursuant to Article 4 shall be adjusted accordingly. In no event shall any election pursuant to this Section be deemed to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and in any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the way affect Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice ’s obligation to comply with all applicable Law and Rules and of any successor law of like import then in force in connection Environmental Law with any holdover summary proceedings respect to such Property before the time at which the Landlord may institute. Tenant’s obligations under such Property is deleted from this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsRestated Lease.

End of Term. Tenant On the date upon which the Demised Term shall expire and come to an end, whether pursuant to any of the provisions of this Lease or by operation of law, and whether on or prior to the Expiration Date, Tenant, at Tenant's sole cost and expense, (i) shall quit and surrender the demised premises Demised Premises to Landlord at the expiration or sooner termination of the term of this lease Owner, broom clean and in good order and condition, except for reasonable ordinary wear and tear and damage by fire or other casualtyexcepted, and Tenant (ii) shall remove all of its Tenant's Personal Property and all other property and effects of Tenant and all persons claiming through or under Tenant (except that Tenant including, but not limited to, all telecommunications (facilities) from the Demised Premises and the Building, and (iii) shall not be obligated repair all damage to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises Demised Premises and the Building occasioned by such removal and (iv) shall, at Owner's election, exercisable within six (6) months following the expiration or earlier termination of the term Demised Term, remove any private interior staircases in the Demised Premises or connecting the Demised Premises or any part thereof with any other space (referred to herein as the "Other Space") in the Building occupied by Tenant, and restore those portions of this lease the Demised Premises, the Other Space and the Building affected by any such staircases (or including, but not limited to, the slabbing over of any openings) to the condition of each which existed prior to the installation of any such earlier date as staircases, and repair any damage to the Demised Premises, Other Space and the Building occasioned by such removal. Notwithstanding the provisions of which subdivision (iv) of the term hereof may foregoing sentence, in the event Owner does not elect to have been terminated) removed any such staircase referred to therein, any such staircase shall for all purposes be deemed conveyed to and to be remain the property of Landlord who Owner at no cost or expense to Owner. Owner shall be free have the right to dispose of such property, at Tenant’s cost, retain any property and effects which shall remain in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day Demised Premises after the expiration or sooner termination of the term Demised Term, and any net proceeds from the sale thereof, without waiving Owner's rights with respect to any default by Tenant under the foregoing provisions of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like importSection. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force force, in connection with any holdover summary proceedings which Owner may institute to enforce the Landlord may instituteforegoing provisions of this Article. If said date upon which the Demised Term shall expire and come to an end shall fall on a Sunday or holiday, then Tenant's obligations under the first sentence of this Section shall be performed on or prior to the Saturday or business day immediately preceding such Sunday or holiday. Tenant’s 's obligations under this paragraph Section shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsDemised Term.

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY Upon the expiration or sooner other termination of the term of this lease Lease, Tenant shall peaceably quit and surrender to Landlord the premises and all alterations and additions thereto, broom clean, in good order order, repair and conditioncondition (except as provided herein and in Articles 7.2, except for reasonable 7.3, 17 and 19) excepting only ordinary wear and tear use and damage by fire or other casualtycasualty for which, and under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant shall remove all of its property (except that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims signage installed by Tenant) and, to the extent specified by Landlord, all alterations and additions made by any succeeding tenant founded on such delay. Additionally, Tenant and all partitions wholly within the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunderpremises, and will be impossible of accurate measurementshall repair any damages to the premises or the Building caused by their installation or by such removal. Tenant therefore agrees that if possession of the demised premises is not surrendered Tenant's obligation to Landlord within one (1) day after observe or perform this covenant shall survive the expiration or sooner other termination of the term of this lease, then Lease. Tenant will pay remove any personal property from the Building and the premises upon or prior to the expiration or termination of this Lease and any such property which shall remain in the Building or the premises thereafter shall be conclusively deemed to have been abandoned, and may either be retained by Landlord as liquidated its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, that Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of Yearly Rent, additional or other charges payable hereunder by Tenant to Landlord and any damages for use and occupancy for each month and for each portion to which Landlord may be entitled under Article 20 hereof or pursuant to law. If Tenant or anyone claiming under Tenant shall remain in possession of any month during which Tenant holds over in the premises or any part thereof after the expiration or prior termination of the term of this leaseLease without any agreement in writing between Landlord and Tenant with respect thereto, then, notwithstanding Landlord's acceptance of any payments for rent or use and occupancy, the person remaining in possession shall be deemed a sum equal to two (2) times tenant-at-sufferance. Whereas the average rent and additional rent which was payable per month under this lease during parties hereby acknowledge that Landlord may need the last six (6) months of the term hereof. The aforesaid obligations shall survive premises after the expiration or sooner prior termination of the term of this lease. Anything the Lease 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 hereof in this lease the event that Tenant so holds over, Tenant shall pay to Landlord in addition to all rental and other charges due and accrued under the Lease prior to the contrary notwithstandingdate of termination, charges (based upon the acceptance of any rent 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 232-c fair market rental value of the Real Property Law Premises) for use and occupation of the State of New York premises thereafter and, in addition to such sums and any successor and all other rights and remedies which Landlord may have at law or in equity, an additional use and occupancy charge in the amount of like import. Tenant expressly waives, for itself one hundred (100%) percent of either the Yearly Rent and for any person claiming through or all other amounts payable under the Tenant, any rights which Lease calculated (on a daily basis) at the Tenant or any such Person may have highest rate payable under the provisions terms of Section 2201 this Lease, but measured from the day on which Tenant's hold-over commenced and terminating on the day on which Tenant vacates the premises or the fair market rental value of the New York Civil Practice Law premises for such period, whichever is greater. In addition, Tenant shall save Landlord, its agents and Rules employees, harmless and of will exonerate, defend and indemnify Landlord, its agents and employees, defend and indemnify Landlord, its agents and employees, from and against any successor law of like import then in force in connection with any holdover summary proceedings and all damages which the Landlord may institute. suffer on account of Tenant’s obligations under this paragraph shall survive 's hold-over in the premises after the expiration or sooner prior termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenantsLease.

End of Term. Tenant shall surrender the demised premises to Landlord at ABANDONED PROPERTY Upon the expiration or sooner other termination of the term Term of this lease Lease, Tenant shall peaceably quit and surrender to Landlord the Demised Premises and all alterations and additions thereto which Tenant is not entitled or required to remove under the provisions of this Lease, broom clean in good order order, repair and condition, except for condition excepting only reasonable use and wear and tear and damage by fire or other casualtycasualty for which, under other provisions of this Lease, Tenant has no responsibility of repair or restoration. Tenant’s obligation to observe or perform this covenant shall survive the expiration or other termination of the Term of this Lease. If the last day of the Term of this Lease or any renewal thereof falls on a day other than a Business Day, this Lease shall expire on the Business Day immediately preceding. Tenant shall pay twice the amount of Rent applicable to each month (or fraction thereof) during which Tenant remains in possession of any part of the Demised Premises in violation of the foregoing covenants, without prejudice to eviction and any other remedy available to Landlord on account thereof. Any personal property in which Tenant has an interest which shall remain in the Building or on the Demised Premises after the expiration or termination of the Term of this Lease shall be conclusively deemed to have been abandoned, and Tenant shall remove all may be disposed of its property (except in such manner as Landlord may see fit; provided, however, notwithstanding the foregoing, that Tenant shall not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) shall for all purposes be deemed conveyed to and to be the property will, upon request of Landlord who shall be free to dispose of such property, at Tenant’s cost, in any manner Landlord deems desirable. Landlord may retain or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property (other made not later than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term Term hereof, promptly remove from the Building any such personal property or, if any part thereof shall be sold, that Landlord may receive and retain the proceeds of this leasesuch sale and apply the same, a sum equal to two (2) times at its option, against the average rent and additional rent which was payable per month under this lease during the last six (6) months expenses of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstandingsale, the acceptance cost of moving and storage, any rent shall not preclude arrears of Rent payable hereunder by Tenant to Landlord from commencing and prosecuting a holdover any damages to which Landlord may be entitled under Article 19 hereof or summary eviction proceedingpursuant to law, and with the preceding sentence shall be deemed balance if any, to be an agreement expressly “providing otherwise” within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. Tenant expressly waives, for itself and for any person claiming through or under the paid to Tenant, any rights which the Tenant or any such Person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force in connection with any holdover summary proceedings which the Landlord may institute. Tenant’s obligations under this paragraph shall survive the expiration or sooner termination of the term of this lease. At any time during the term of this lease, Landlord may exhibit the demised premises to prospective purchasers, investors or mortgagees of Landlord’s interest therein. During the last year of the term of this lease, Landlord may exhibit the premises to prospective tenants.

End of Term. Tenant shall surrender the demised premises to Landlord at (A) Upon the expiration or sooner other termination of the term Term of this lease lease, Tenant shall, at its own expense, quit and surrender to Landlord the Demised Premises, broom clean, in good order and condition, except for reasonable wear and tear ordinary wear, tear, natural deterioration and damage by fire or other casualtyinsured casualty excepted, and Tenant shall remove all of its property (except that Tenant and shall pay the cost to repair all damage to the Demised Premises or the Building occasioned by such removal. Any property not be obligated to remove any wiring or cabling). Tenant agrees that any personal property remaining in removed from the demised premises following the expiration of the term of this lease (or such earlier date as of which the term hereof may have been terminated) Premises shall for all purposes be deemed conveyed to abandoned by Tenant and to may be the property of Landlord who shall be free to dispose of such retained by Landlord, as its property, at Tenant’s cost, or disposed of in any manner deemed appropriate by the Landlord. Any reasonable expense incurred by Landlord deems desirable. Landlord may retain in removing or assign any salvage or other residual value of such property. In consideration of Landlord’s disposing of such property shall be reimbursed to Landlord by Tenant within twenty (20) days following Tenant's receipt of an itemized invoice of such expenses from Landlord accompanied by invoices for all materials supplied and labor performed by parties other than any wiring or cabling), Tenant shall reimburse Landlord or pay to Landlord any cost that Landlord may incur in disposing of such property within ten (10) days after demand therefor. Tenant shall indemnify Landlord's affiliates and save Landlord harmless against all costs, claims, loss or liability resulting from delay by Tenant in so surrendering the premises, including, without limitation, any claims made by any succeeding tenant founded on such delay. Additionally, the parties recognize and agree that other damage to Landlord resulting from any failure by Tenant timely to surrender the demised premises will be substantial, will exceed the amount of monthly rent theretofore payable hereunder, and will be impossible of accurate measurement. Tenant therefore agrees that if possession of the demised premises is not surrendered to Landlord within one (1) day after the expiration or sooner termination of the term of this lease, then Tenant will pay Landlord as liquidated damages for use and occupancy for each month and for each portion of any month during which Tenant holds over in the premises after expiration or termination of the term of this lease, a sum equal to two (2) times the average rent and additional rent which was payable per month under this lease during the last six (6) months of the term hereof. The aforesaid obligations shall survive the expiration or sooner termination of the term of this lease. Anything in this lease to the contrary notwithstanding, the acceptance of any rent 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 232-c of the Real Property Law of the State of New York and any successor law of like importemployees. Tenant expressly waives, for itself and for any person claiming through or under the Tenant, any rights which the Tenant or any such Person person may have under the provisions of Section 2201 of the New York Civil Practice Law and Rules and of any successor law of like import then in force force, in connection with any holdover or summary proceedings proceeding which the Landlord may instituteinstitute to enforce the foregoing provisions of this Article. Tenant’s obligations under 's obligation to observe or perform this paragraph covenant shall survive the expiration or sooner other termination of the term Term of this lease. At If the last day of the Term of this lease or any time during renewal hereof falls on Sunday or a legal holiday, this lease shall expire on the term business day immediately preceding. Tenant's obligations under this Article 16 shall survive the Expiration Date or sooner termination of this lease, Landlord may exhibit . (B) In the demised premises to prospective purchasers, investors event of any holding over by Tenant after the expiration or mortgagees termination of this Lease without the written consent of Landlord’s interest therein. During , Tenant shall: (i) pay as holdover rental for each month of the last year holdover tenancy an amount equal to the greater of (a) the fair market rental value of the Premises for such month (as reasonably determined by Landlord) or (b) one hundred fifty (150%) percent of the Rent payable by Tenant for the third month prior to the Expiration Date of the term of this lease, and otherwise observe, fulfill and perform all of its obligations under this lease, including but not limited to, those pertaining to additional rent, in accordance with its terms; and (ii) In the event such holdover exceeds thirty (30) days, in addition to the holdover rental set forth above, Tenant shall: (a) be liable to Landlord for any payment or rent concession which Landlord may exhibit be required to make to any tenant in order to induce such tenant not to terminate an executed lease covering all or any portion of the premises Premises by reason of the holdover over by Tenant; and (b) be liable to prospective tenantsLandlord for any damages suffered by Landlord as the result of Tenant's failure to surrender the Premises. No holding over by Tenant after the Term shall operate to extend the Term. The holdover, with respect to all or any part of the Premises, of a person deriving an interest in the Premises from or through Tenant, including, but not limited to, an assignee or subtenant, shall be deemed a holdover by Tenant. Notwithstanding anything in this Article contained to the contrary, the acceptance of any Rent paid by Tenant pursuant to this Paragraph 16(B), shall not preclude Landlord from commencing and prosecuting a holdover or eviction action or proceeding or any action or proceeding in the nature thereof. The preceding sentence shall be deemed to be an "agreement expressly providing otherwise" within the meaning of Section 232-c of the Real Property Law of the State of New York and any successor law of like import. 17. Landlord covenants and agrees with Tenant that upon Tenant paying the Rent and additional rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peaceably and quietly enjoy the Demised Premises during the Term of this lease without hindrance or molestation by either Landlord or anyone claiming by or through Landlord, subject, nevertheless, to the terms, covenants and conditions of this lease including, but not limited to, Article 22.