Common use of Hold Over Clause in Contracts

Hold Over. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Premises at any time after the expiration or other termination of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right to regain possession of the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after the expiration or termination of the Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Term, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination of this Lease and that any holdover by Tenant in the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Premises.

Hold Over. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Premises at any time after the expiration or other termination of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold If Subtenant holds over after the expiration or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right to regain possession of the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after the expiration or termination of the Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Term, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination thereof, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a monthly rate equal to 150% of Base Rent and Additional Rent applicable during the last rental period of the Term for the first two (2) months following the expiration of the Term, then at a monthly rate equal to 200% of Base Rent and Additional Rent applicable during the last rental period of the Term during any further hold over period beyond two (2) months. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this paragraph shall be construed as consent by Sublandlord to any holding over by Subtenant, and Sublandlord expressly reserves the right to require Subtenant to surrender possession of the Subleased Premises to Landlord as provided in the Sublease and Prime Lease upon the expiration or other termination of this Lease Sublease. If Subtenant holds over without Sublandlord’s express written consent, and that tenders payment of rent for any holdover by Tenant in period beyond the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting expiration of the Term by way of check (whether directly to Sublandlord, its agents, or to a lock box) or wire transfer, Subtenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy. The provisions of this paragraph shall not be deemed to limit or constitute a waiver of any other rights or remedies of Sublandlord provided herein or at law. If Subtenant fails to surrender the Subleased Premises and/or upon the termination or expiration of this Sublease, in addition to any other portions of the Building). Tenant agrees liabilities to indemnifySublandlord accruing therefrom, Subtenant shall protect, defend, indemnify and hold Sublandlord harmless and defend Landlord for from all damagesloss, losses, expenses and costs (including reasonable attorneys' fees ’ fees) and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy liability resulting from such failure, including, without limiting the generality of the Premisesforegoing, any claims made by Landlord or any succeeding tenant founded upon such failure to surrender and any lost profits to Sublandlord resulting therefrom.

Hold Over. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Premises at any time shall have no right to Holdover. Any holding over after the expiration or other termination of the Term, without the prior express written consent of Landlord, shall constitute a Default. In If Tenant does not surrender and vacate the event that Tenant shall hold over after the Premises at expiration or other termination of the Term without Landlord's prior written consentthis Lease, Tenant shall be deemed a tenant at sufferance and Landlord the parties having agreed, without limiting Landlord’s remedies provided in this Lease, that the daily rental rate shall have be the right to regain possession greater of the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after the expiration or termination of the Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Term, an amount equal to (a1) (i) for the first two months of such holdover, one hundred twenty-five ten percent (125110%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) fair market rental rate for the third month of such holdover and each month thereafter, Building as determined by Landlord or (2) one hundred fifty percent (150%) of the monthly installments last month of Annual Base Rentscheduled rent. In connection with the foregoing, Additional Rent Landlord and any other charges paid on an installment basis being paid immediately prior to Tenant agree that the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession rental value of the Premises and/or to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration or earlier termination of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages this Lease shall be due and payable on the first day of such calendar amounts set forth above per month. If Landlord and Tenant acknowledge and agree that, under the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord circumstances existing as of the first day of such monthEffective Date, and Tenant shall not be entitled it is impracticable and/or extremely difficult to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all ascertain the reasonable rental value of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after on the expiration of the Term or earlier termination of this Lease and that the reasonable rental value established herein is a reasonable estimate of the damage that Landlord would suffer as the result of the failure of Tenant to timely surrender possession of the Premises. The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Landlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Landlord if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any holdover other liabilities to Landlord accruing therefrom, Tenant shall indemnify, protect, defend and hold Landlord harmless from and against any and all loss or liability resulting from delay by Tenant in so surrendering the Premises may result in material damages to Landlord (including including, without limitation, any damages loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or resulting from such delay and losses to Landlord in connection with its reletting due to lost opportunities to lease any portion of the Premises and/or other portions of the Building). Tenant agrees to indemnifyany such succeeding tenant, hold harmless and defend Landlord for all damagestogether with, lossesin each case, expenses and costs (including reasonable attorneys' ’ fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Premises.

Hold Over. Tenant agrees The parties hereby acknowledge that the expiration date of the Master Lease is July 31, 2018 and that it will is therefore critical that Subtenant surrender the Sublease Premises to Sublandlord not occupy or retain or allow occupancy or retention by any subtenant of later than the Expiration Date in accordance with terms hereof. If Subtenant holds possession of the Sublease Premises at or any time portion thereof after the expiration or other termination of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration or other termination of the Sublease Term without Landlord's prior with Sublandlord’s written consent, Tenant then except as otherwise specified in such consent, Subtenant shall be deemed become a tenant subtenant from month to month at sufferance one hundred ten percent (110%) of Base Rent and Landlord Additional Rent and otherwise upon the terms herein specified for the period immediately prior to such holding over and shall have the right to regain continue in such status until such tenancy is terminated by either party upon not less than thirty (30) days prior written notice. If Subtenant holds possession of the Sublease Premises by or any legal process in force at such time. In the event Tenant continues to occupy the Premises portion thereof after the expiration or termination of Sublease Term without Sublandlord’s written consent, the Term, Tenant shall pay Sublandlord at its sole discretion may elect (by written notice to Landlord for each Subtenant) to have Subtenant become a subtenant either from month to month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Termat will, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, at one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Rent and Additional Rent (prorated on a daily basis for an at-will tenancy, if applicable) and any other charges paid on an installment basis being paid otherwise upon all the terms herein specified for the period immediately prior to the expiration of the Termsuch holding over, plus (b) or any other Additional Rent or charges due, reasonable attorneys' fees, costselect to pursue any and all legal remedies available to Sublandlord under applicable law with respect to an unconsented to holding over by Subtenant. Subtenant shall indemnify, and expenses incurred hold Sublandlord harmless from any loss, damage, claim, liability, cost or expense (including reasonable attorney’s fees) resulting from any delay by Landlord Subtenant in regaining possession of surrendering the Sublease Premises and/or (except to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Termextent such delay is with Sublandlord’s prior written consent), and for each calendar month thereafter during the holdover periodincluding, such liquidated damages shall be due and payable on the first day but not limited to, any claims made by a succeeding subtenant by reason of such calendar monthdelay. Acceptance of Rent by Sublandlord following expiration or termination of this Sublease shall not constitute a renewal of this Sublease. If Subtenant uses radioactive materials in the holdover period ends on a date other than the last day of a calendar monthSublease Premises, such liquidated damages for the entire calendar month in which the holdover period ends then it shall be deemed earned a holdover tenant, without Sublandlord’s consent, until it has delivered to Sublandlord and Master Landlord a satisfactory letter, executed by Landlord as all applicable governmental agencies, which letter terminates the radioactive materials license and releases the Sublease Premises for unrestricted use. Nothing in the preceding sentence shall abrogate any of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions provisions of this Lease. Tenant acknowledges and agrees that Landlord intends Sublease with respect to lease the Premises (in whole, in part or as a part use of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination of this Lease and that any holdover by Tenant radioactive materials in the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Sublease Premises.

Hold Over. If Tenant agrees that it will not occupy (or retain or allow anyone claiming through Tenant) shall remain in occupancy or retention by any subtenant of possession of the Premises or any part thereof after the expiration or early termination of the Term without a written agreement therefor executed and delivered by Landlord, then, without limiting Landlord’s other rights and remedies, the person remaining in possession shall be deemed a tenant at sufferance, and Tenant shall thereafter pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession) at a rate equal to the higher of 125% for the first 30 days, and 150% thereafter, of (x) the Base Rent rate applicable during the last monthly period immediately preceding such expiration or termination or (y) the fair market rent for Base Rent (which shall be determined on a so-called “triple net” basis), in each case with all Additional Rent also payable as provided in this Lease. The foregoing provisions shall not serve as permission for Tenant or anyone claiming by, through, or under Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time after the expiration or other earlier termination of this Lease to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises as provided in this Lease upon the expiration or earlier termination of the Term, without the prior written consent of Landlord. In the event that If Tenant shall hold over after the expiration or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right fails to regain possession of surrender the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after upon the expiration or termination of the Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Term, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination of this Lease and that any holdover by Tenant in the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and defend real estate brokers’ claims and attorneys’ fees. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of this Lease shall operate or be construed as an extension or renewal of this Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s prior and express written approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ prior written notice or such lesser time period as may be permitted by Law. In any case, Tenant shall be liable to Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as damages actually resulting from any failure by Tenant to vacate the Premises or any portion thereof when required hereunder. The provisions of this Section 3.02 shall survive the termination or earlier expiration of this Lease. Information redacted pursuant to a result confidential treatment request. An unredacted version of Tenant's holdover use and occupancy of this exhibit has been separately filed with the PremisesCommission.

Hold Over. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Premises at any time after the expiration or other termination of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold If Subtenant holds over after the expiration or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right to regain possession of the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after the expiration or termination of the Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Term, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination thereof, such tenancy shall be a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a monthly rate equal to (a) 150% of Base Rent and Additional Rent applicable during the last rental period of the Term for any holding over during the first ninety (90) days following expiration of the Term or earlier termination thereof, and (b) 175% of Base Rent and Additional Rent applicable during the last rental period of the Term for any holding over subsequent to the holding over period of subsection 22(a). Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Lease and that any holdover by Tenant paragraph holding over shall include (i) Subtenant’s remaining in the Premises may result after the expiration or earlier termination of the Term, and/or (ii) failing to deliver the Premises in material damages the condition required in this Sublease or the Prime Lease. Nothing contained in this paragraph shall be construed as consent by Sublandlord to Landlord (including without limitationany holding over by Subtenant, any damages and Sublandlord expressly reserves the right to Landlord in connection with its reletting require Subtenant to surrender possession of the Premises and/or to Landlord as provided in the Sublease and Prime Lease upon the expiration or other portions termination of this Sublease. If Subtenant holds over without Sublandlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Building)Term by way of check (whether directly to Sublandlord, its agents, or to a lock box) or wire transfer, Subtenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy. Tenant agrees The provisions of this paragraph shall not be deemed to indemnifylimit or constitute a waiver of any other rights or remedies of Sublandlord provided herein or at law. If Subtenant fails to surrender the Premises upon the termination or expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall protect, defend, indemnify and hold Sublandlord harmless and defend Landlord for from all damagesloss, losses, expenses and costs (including reasonable attorneys' fees fees) and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy liability resulting from such failure, including, without limiting the generality of the Premisesforegoing, any claims made by Landlord or any succeeding tenant founded upon such failure to surrender and any lost profits to Sublandlord resulting therefrom.

Hold Over. Tenant agrees that it will not Subtenant shall have no right to occupy the Sub-Sublease Premises or retain any portion thereof after the expiration of this Sublease or allow occupancy after the termination of this Sublease or retention by any subtenant Subtenant’s right to possession in the event of Subtenant’s default hereunder. If Subtenant remains in possession of the Sub-Sublease Premises at or any time after part thereof beyond the expiration Expiration Date or other sooner termination of the Termthis Sublease, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration Sub-Sublandlord may exercise any and all remedies available to it at law or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right in equity to regain recover possession of the Sub-Sublease Premises and to recover the “Holdover Rent,” and the “Holdover Expenses,” both as defined herein. If Subtenant remains in possession of the Sub-Sublease Premises or any part thereof beyond the Expiration Date or sooner termination of this Sublease, such occupancy shall be a tenancy-at-sufferance and Subtenant shall pay, as minimum damages and not as a penalty, a monthly rental at a rate equal to the holdover rent payable by any legal process in force at such timeSub-Sublandlord to Master Landlord under the Master Lease (the “Holdover Rent”). In addition, Subtenant shall indemnify and hold Sub-Sublandlord harmless with respect to attorneys’ fees and out-of-pocket expenses incurred by reason of or due to Subtenant’s holding over (the event Tenant continues to occupy the Premises after “Holdover Expenses”). The acceptance by Sub-Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. No acceptance by Sub-Sublandlord of any rent during or for any period following the expiration or termination of this Sublease shall operate or be construed as an extension or renewal of this Sublease. Subtenant acknowledges that it is critical that Subtenant surrender the TermSub-Sublease Premises on or before the Expiration Date in accordance with the terms of this Sublease. Subtenant expressly waives, Tenant shall pay to Landlord for each month itself and for any person claiming through or part under Subtenant, any rights that Subtenant or any such person may have under the provisions of a month that Tenant occupies the Premises after the date of expiration or other termination Section 2201 of the TermNew York Civil Practice Law and Rules and of any similar or successor law of same import then in force, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination of this Lease and that any holdover by Tenant in the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting any holdover proceedings that Sub-Sublandlord may institute to enforce the provisions of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Premisesthis Section 17.

Hold Over. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of the Premises at any time after the expiration or other earlier termination of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration or other termination of the Term without Landlord's ’s prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right to regain possession of the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after the expiration or termination of the Term, Tenant shall pay to Landlord for For each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the TermLease, Tenant shall pay to Landlord an amount equal to (a) the sum of (i) for the first two months sixty (60) days of such holdover, one hundred twenty-twenty five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of following such holdover and each month thereafter60-day period, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (bii) any other Additional Rent paid on an installment basis, plus (iii) any other Additional Rent or charges duecharges, reasonable including attorneys' ’ fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amounts. Such liquidated damages amounts payable by Tenant for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages amounts payable by Tenant shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages amounts payable by Tenant for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination Without limiting any other provisions of this Lease and that any holdover by Tenant in the Premises may result in material damages to Landlord (including without limitationSection 21, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages (including consequential damages), losses, expenses and costs (including reasonable attorneys' ’ fees and court costs) that Landlord may suffer as a result of Tenant's ’s holdover use and occupancy of the Premises.

Hold Over. If Tenant agrees that it will shall not occupy or retain or allow occupancy or retention by any subtenant of immediately surrender to Landlord exclusive possession of the Premises premises on the expiration date of the Lease Term hereby created, then Tenant shall, by virtue of this Agreement, become a tenant by the month at any time twice the Minimum Annual Rent, plus [Percentage Rent], additional rent and other charges provided for in this Lease, commencing said monthly tenancy with the first day next after the expiration or other termination end of the Termterm above demised; and said Tenant, without as a monthly tenant, shall be subject to all of the conditions and covenants of this Lease as though the same had originally been a monthly tenancy; and Tenant shall give to Landlord at least thirty (30) days prior written consent of Landlord. In notice to quit said premises, and Tenant shall be entitled to at least thirty (30) days prior written notice from Landlord to quit said premises, except in the event that of non-payment of Minimum Annual Rent in advance or of [Percentage Rent] when due or of any other additional rents as provided for in this Lease, when due, or of the breach of any other covenant by Tenant, in which event Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being expressly waived by Tenant. However, if Tenant shall hold over after the expiration or other termination of the Term without Landlord's prior written consentterm hereby created, Tenant shall be deemed a tenant at sufferance and if Landlord shall have the right desire to regain possession of the Premises by any legal process in force said premises promptly at such time. In the event Tenant continues to occupy the Premises after the expiration or termination of the Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Term, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Termterm aforesaid, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and then at any other charges paid on an installment basis being paid immediately time prior to the expiration acceptance of the Term, plus (b) any other Additional Minimum Annual Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining from Tenant as a monthly tenant hereunder, Landlord, at its election and option, may re-enter and take possession of said premises forthwith, without process, or by any legal action or process in force in the Premises and/or State of Maryland. Tenant's failure to recover the foregoing amounts. Such liquidated damages give notice as required in this Article shall obligate Tenant to pay rent calculated as aforesaid for the first one (1) full calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which it vacated the holdover period ends shall premises and monthly thereafter as a hold-over tenant aforesaid. Tenant hereby expressly waives the right to any notice required to be deemed earned given by Landlord as pursuant to Section 8-402 of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all Real Property Article of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion Annotated Code of the Building) to another tenant immediately after the expiration State of the Term or earlier termination of this Lease and that any holdover by Tenant in the Premises may result in material damages to Landlord (including without limitationMaryland, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Premisesamended.

Hold Over. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of possession of Should Sub-lessee hold over the Premises at any time premises after the expiration or other termination of the TermSub-lease has terminated, without the prior written consent of Landlord. In the event that Tenant shall such hold over after the expiration or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed merely a tenant at sufferance and Landlord tenancy from month to month. Any holdover Rent shall have be paid on a prorated per month basis without reduction for partial months during the right to regain possession holdover. Acceptance by Lessor of the Premises by any legal process in force at Rent after such time. In the event Tenant continues to occupy the Premises after the expiration or earlier termination shall not constitute consent to a hold over hereunder or result in an extension of the Term, Tenant shall pay to Landlord for each month or part of a month that Tenant occupies the Premises after the date of expiration or other termination of the Term, an amount equal to (a) (i) for the first two months of such holdover, one hundred twentythis Sub-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amountslease. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant This Section shall not be entitled construed to a refund create any express or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject implied right to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after holdover beyond the expiration of the Term or any extension thereof. If Sub-lessee holds over after the expiration or earlier termination of this Lease the Term with or without the express written consent of Lessor, then, in addition to all other remedies available to Lessor, Sub-lessee shall be liable, and that any holdover shall pay to Lessor within ten (10) days after demand, for all losses incurred by Tenant in the Premises may Lessor as a result in material damages to Landlord (including without limitationof such holdover, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to and shall indemnify, defend and hold Lessor and the Lessor’s Parties harmless from and defend Landlord for against all liabilities, damages, losses, claims, suits, costs and expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by a result succeeding sub-lessee. Sub-lessee’s indemnification obligation hereunder shall survive the expiration or earlier termination of Tenant's holdover use this Sub-lease. The foregoing provisions of this Section are in addition to, and occupancy do not affect, Lessor’s right of the Premisesre-entry or any other rights of Lessor hereunder or otherwise at law or in equity.

Hold Over. Tenant agrees that it will not Subtenant shall have no right to occupy the Sublease Premises or retain any portion thereof after the expiration of this Sublease or allow occupancy after the termination of this Sublease or retention by any subtenant Subtenant's right to possession in the event of Subtenant's default hereunder. If Subtenant remains in possession of the Sublease Premises at or any time after part thereof beyond the expiration Expiration Date or other sooner termination of the Termthis Sublease, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration Sublandlord may exercise any and all remedies available to it at law or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right in equity to regain recover possession of the Sublease Premises and to recover the "Holdover Rent," and the "Holdover Expenses," both as defined herein. If Subtenant remains in possession of the Sublease Premises or any part thereof beyond the Expiration Date or sooner termination of this Sublease, such occupancy shall be a tenancy-at-sufferance and Subtenant shall pay, as minimum damages and not as a penalty, a monthly rental at a rate equal to the holdover rent payable by any legal process in force at such timeSublandlord to Master Landlord under the Master Lease (the "HOLDOVER RENT"). In addition, Subtenant shall indemnify and hold Sublandlord harmless with respect to attorneys' fees and out-of-pocket expenses incurred by reason of or due to Subtenant's holding over (the event Tenant continues to occupy the Premises after "HOLDOVER EXPENSES"). The acceptance by Sublandlord of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. No acceptance by Sublandlord of any rent during or for any period following the expiration or termination of this Sublease shall operate or be construed as an extension or renewal of this Sublease. Subtenant acknowledges that it is critical that Subtenant surrender the TermSublease Premises on or before the Expiration Date in accordance with the terms of this Sublease. Subtenant expressly waives, Tenant shall pay to Landlord for each month itself and for any person claiming through or part under Subtenant, any rights that Subtenant or any such person may have under the provisions of a month that Tenant occupies the Premises after the date of expiration or other termination Section 2201 of the TermNew York Civil Practice Law and Rules and of any similar or successor law of same import then in force, an amount equal to (a) (i) for the first two months of such holdover, one hundred twenty-five percent (125%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, and (ii) for the third month of such holdover and each month thereafter, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Rent and any other charges paid on an installment basis being paid immediately prior to the expiration of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, and expenses incurred by Landlord in regaining possession of the Premises and/or to recover the foregoing amounts. Such liquidated damages for the first calendar month (or part thereof) during the holdover period shall be due and payable on the day immediately following the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Term or earlier termination of this Lease and that any holdover by Tenant in the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting any holdover proceedings that Sublandlord may institute to enforce the provisions of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Premisesthis Section 17.

Hold Over. Tenant agrees that it will not occupy or retain or allow occupancy or retention by any subtenant of be permitted to hold over possession of the Premises at any time after the expiration or other termination of the Term, without the prior written consent of Landlord. In the event that Tenant shall hold over after the expiration or other termination of the Term without Landlord's prior written consent, Tenant shall be deemed a tenant at sufferance and Landlord shall have the right to regain possession of the Premises by any legal process in force at such time. In the event Tenant continues to occupy the Premises after the expiration or earlier termination of the TermTerm without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, then, in addition to all other remedies available to Landlord, Tenant shall become a tenant at sufferance only, upon the terms and conditions set forth in this Lease so far as applicable (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to one hundred fifty percent (150%) of the Monthly Basic Rent applicable to the Premises immediately prior to the date of such expiration or earlier termination. Acceptance by Landlord for each month of rent after such expiration or part earlier termination shall not constitute a consent to a hold over hereunder or result in an extension of a month that this Lease. Notwithstanding the foregoing, if Tenant occupies remains in possession of the Premises after the date of expiration or other earlier termination of the TermLease Term with Landlord's express written consent, an amount Tenant shall become a tenant from month-to-month upon the terms and conditions set forth in this Lease (including Tenant's obligation to pay all Excess Expenses, Excess Real Property Taxes and Assessments, Excess Insurance Costs, and Excess Utilities Costs and any other additional rent under this Lease), but at a Monthly Basic Rent equal to (a) (i) for the first two months of such holdover, one hundred twenty-five ten percent (125110%) of the monthly installments of Annual Base Rent, Additional Monthly Basic Rent and any other charges paid on an installment basis being paid applicable to the Premises immediately prior to the expiration of the Term, and (ii) for the third month date of such expiration or earlier termination during the first thirty (30) days of holdover and each month thereaftercommencing on the 31st day of holdover, one hundred fifty percent (150%) of the monthly installments of Annual Base Rent, Additional Monthly Basic Rent and any other charges paid on an installment basis being paid applicable to the Premises immediately prior to the date of expiration or earlier termination. Tenant shall pay an entire month's Monthly Basic Rent calculated in accordance with this Section 9.2 for any portion of the Term, plus (b) any other Additional Rent or charges due, reasonable attorneys' fees, costs, a month it holds over and expenses incurred by Landlord remains in regaining possession of the Premises and/or pursuant to recover the foregoing amountsthis Section 9.2. Such liquidated damages for the first calendar month (This Section 9.2 shall not be construed to create any express or part thereof) during the implied right to holdover period shall be due and payable on the day immediately following beyond the expiration of the Term, and for each calendar month thereafter during the holdover period, such liquidated damages shall be due and payable on the first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such liquidated damages for the entire calendar month in which the holdover period ends shall be deemed earned by Landlord as of the first day of such month, and Tenant shall not be entitled to a refund or reduction of Rent for any such partial month. Holdover occupancy by Tenant shall be subject to all of the terms, covenants, and conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (in whole, in part or as a part of a larger portion of the Building) to another tenant immediately after the expiration of the Lease Term or earlier termination of this Lease and that any holdover by Tenant in the Premises may result in material damages to Landlord (including without limitation, any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant agrees to indemnify, hold harmless and defend Landlord for all damages, losses, expenses and costs (including reasonable attorneys' fees and court costs) that Landlord may suffer as a result of Tenant's holdover use and occupancy of the Premisesextension thereof.