Common use of Holding Over Clause in Contracts

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by law.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord’s prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to two hundred percent (200%) of the Premises. The foregoing provisions shall not serve as permission Base Rent payable for Tenant to hold-over, nor serve to extend the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to two hundred percent (200%) of the TermBase Rent payable for the final month of the Term of this Lease and otherwise upon the terms and conditions in the Lease, except that Landlord may terminate the tenancy on 10 days prior written notice to Tenant. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this Lease and/or to remove all Tenant’s fixture and/or personal property pursuant to this Lease, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord for, from and against all costsclaims, lossdamages, expense or including consequential damages, loss and liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims and any attorneys’ fees, except as provided above fees and costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consent, hold 26.1 Any holding over after the expiration or other termination of this Lease, the Lease Term without the express written consent of Landlord delivered to Tenant shall become be construed to be a tenant tenancy at sufferance, only upon each and all . Any holding over after the expiration or other termination of the terms herein provided as may be applicable Lease Term with the express written consent of Landlord delivered to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordbe construed to be a tenancy from month to month only, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages on all the terms set forth herein, except that the monthly Base Rent shall include, but not be limited to, damages suffered or incurred in connection with any reletting an amount equal to the greater of: (a) one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission then current fair market monthly rental value for 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 thereafter 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 reasonably determined by Landlord, or earlier termination (b) one hundred fifty percent (150%) of the Termmonthly Base Rent payable for the last full month of the term (without giving consideration to any period of abatement arising as a result of the occurrence of any casualty or for any other reason). If Tenant fails to surrender the Premises upon Acceptance by Landlord of any rent after the expiration or termination of this LeaseLease shall not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the term hereof. The provisions of this section are in addition to, and do not affect, Xxxxxxxx’s right to re-entry or other rights hereunder or provided by law. Tenant agrees to shall indemnify, defend and hold Landlord harmless Landlord from and against all costsclaims, lossdemands, expense or liabilityliabilities, including damages, losses, costs and expenses, including, without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect incurred by or asserted against Landlord and arising directly or indirectly from Tenant’s failure to damages other than direct timely surrender the Premises, including but not limited to (i) any rent payable by or any loss, cost, or damages. No acceptance , including lost profits, claimed by Landlord of any Rent during or for any period following the expiration or termination prospective tenant of the Lease shall operate Premises or be construed any portion thereof, and (ii) Landlord’s damages as an extension a result of such prospective tenant rescinding or renewal refusing to enter into the prospective lease of the Lease. Should Tenant remain in Premises or any portion thereof by reason of such failure to timely surrender the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawPremises.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only two hundred percent (200%) of the total monthly rental for direct damages suffered or incurred the month immediately preceding the date of termination, subject to Landlord’s right to modify same upon thirty (30) days notice to Tenant. The acceptance by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred of monthly hold-over rental in connection with any reletting of the Premises. The foregoing provisions a lesser amount shall not serve as permission for Tenant constitute a waiver of Landlord’s right to hold-over, nor serve to extend recover 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 thereafter 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 full amount due unless otherwise agreed in this Lease upon the expiration or earlier termination of the Termwriting by Landlord. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord's prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to two hundred percent (200%) of the Premises. The foregoing provisions shall not serve as permission Base Rent payable for Tenant to hold-over, nor serve to extend the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant's fixture and/or personal property pursuant to Section 9.01 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord for, from and against all costsclaims, lossdamages, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims any attorneys' fees and attorneys’ fees, except as provided above costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consent, hold Any holding over after the expiration or other termination of this Lease with the written consent of Landlord delivered to Tenant shall be construed to be a tenancy from month to month at the Base Rent in effect on the date of such expiration or termination on the terms, covenants and conditions herein specified so far as applicable. Any holding over after the expiration or other termination of this Lease without the written consent of Landlord shall be construed to be a tenancy at sufferance on all the terms set forth herein, except that Base Rent shall be an amount equal to one hundred fifty percent (150%) of the Base Rent payable by Tenant immediately prior to such holding over. Acceptance by Landlord of Rent after the expiration or termination of this Lease, Tenant Lease shall become not constitute a tenant at sufferance, only upon each and all consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the terms herein provided as may be applicable to a tenant at sufferance and any term hereof. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over shall not constitute an extension of this Lease. Tenant shall pay may compromise or otherwise affect Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection ’s ability to enter into new leases with any reletting of prospective tenants regarding the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-overTherefore, 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 thereafter 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. If if Tenant fails to surrender the Premises upon the expiration or other termination of this Lease, then, in addition to any other liabilities to Landlord accruing therefrom, Tenant agrees to indemnifyshall protect, defend defend, indemnify and hold Landlord harmless Landlord from all costsLosses resulting from such failure, lossincluding, expense or liabilitywithout limiting the generality of the foregoing, including without limitation, any claims made by any succeeding tenant founded upon such failure to surrender and real estate brokers’ claims any lost profits to Landlord resulting therefrom. The provisions of this Paragraph are in addition to, and attorneys’ feesdo not affect, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice right to reentry or such lesser time period as may be permitted other rights hereunder or provided by law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only subject to all of the terms of this Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred seventy-five percent (175%) of the Basic Rent for direct damages suffered the month immediately preceding the date of termination or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred (b) the then currently scheduled Basic Rent for comparable space in connection with any reletting Landlord’s industrial lease portfolio in the vicinity of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend and hold harmless Landlord from shall be liable in damages for all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a month-to-month basis with addition to and do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantIf Tenant continues to occupy the Original Premises after the Original Premises Vacation Date (as defined in Section 1 above), without Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all occupancy of the terms herein provided as may Original Premises subsequent to the Original Premises Vacation Date shall be applicable to that of a tenant tenancy at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, no event for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such monthor year-to-year, but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of the Lease and shall pay for its use and occupancy an amount (on a per month tenancy basis without reduction for any partial months during any such holdover) equal to twice the sum of the Base Rent and Additional Rent due for the period immediately preceding such holding over, provided that in no event shall Base Rent and Additional Rent during the holdover period be less than the fair market rental for the Original Premises. No holding over by Tenant in the Original Premises or payments of money by Tenant to Landlord after the Original Premises Vacation Date shall be construed to prevent Landlord from recovery of immediate possession of the Original Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may be cancelled suffer by either party with thirty (30) days’ written notice reason of any holding over by Tenant in the Original Premises, and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Original Premises to such lesser time period as may be permitted by lawother tenant or prospective tenant.

Holding Over. Should TenantProvided that Tenant gives Landlord written notice of its intention to hold over, without Landlord’s written consent, hold over after and gives such notice at least sixty (60) days prior to the expiration or termination of this Lease and provided further that Tenant continues to pay Rent and fulfill all of its obligations under this Lease, and Landlord consents in writing to such holding over, the same shall be a month to month tenancy. If Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and remain in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission Term with Landlord's consent, Tenant agrees to pay to Landlord for each month of such retention a Minimum Rent of 150% of the Minimum Rent required to be paid by Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of under this Lease until Tenant vacates for the Premises) last full month period prior to the date of such expiration, and Landlord such continuing tenancy shall have otherwise be under the right at any time thereafter terms and conditions herein specified so far as applicable, including the payment of Additional Rent as herein provided. In such event, and in addition to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession payment of the Premises as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Leaseforegoing increased rentals, Tenant agrees to indemnify, defend and hold Landlord harmless Landlord from against all losses, costs, lossclaims, expense or liabilityliabilities and expenses (including without limitation attorneys' fees and expenses) sustained by Landlord by reason of such continuing tenancy (including, including without limitation, claims made for damages by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect other person to damages other than direct damages. No acceptance by whom Landlord of may have leased or have proposed to lease or sold or have proposed to sell all or any Rent during or for any period following the expiration or termination part of the Lease Premises). This provision is in addition to, and does not affect or waive, Landlord's right of reentry or any other right or remedy available to Landlord on account of conflicts of such holding over. Any holding over without Landlord's written consent shall operate or be construed as an extension or renewal entitle Landlord to recover possession of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled and exercise any and all rights provided Landlord by either party with thirty (30) days’ written notice or such lesser time period as may be permitted this Lease and by applicable law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only one hundred fifty percent (150%) of the total monthly rental for direct damages suffered or incurred the month immediately preceding the date of termination, subject to Landlord’s right to modify same upon thirty (30) days notice to Tenant. The acceptance by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred of monthly hold-over rental in connection with any reletting of the Premises. The foregoing provisions a lesser amount shall not serve as permission for Tenant constitute a waiver of Landlord’s right to hold-over, nor serve to extend recover 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 thereafter 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 full amount due unless otherwise agreed in this Lease upon the expiration or earlier termination of the Termwriting by Landlord. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantIf, without with the prior written consent of Landlord’s written consent, hold over Tenant holds possession of the Premises after expiration or termination of this Leasethe Term, Tenant shall become a tenant at sufferance, only from month to month upon each and all of the terms herein provided specified in this Lease as applicable immediately prior to expiration of such Term, except that Minimum Rent shall be one hundred and fifty percent (150%) of that applicable immediately prior to expiration of such Term. If Tenant holds over in the Premises without Landlord's prior written consent, then Tenant shall be a tenant-at-sufferance. Each party shall give the other not less than thirty (30) days' notice of its intention to terminate a month to month tenancy (although a tenancy at sufferance may be applicable terminated immediately without written notice) and such month to month tenancy shall terminate at the end of a tenant at sufferance calendar month. If Landlord should terminate Tenant's holdover tenancy as provided in this Paragraph 26 and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of fail to vacate the Premises or any part thereof after at the expiration of such tenancy, Tenant agrees that it shall be liable to Landlord for all actual and consequential damages resulting from Tenant's failure to so vacate. These damages may include, without limitation, the cost of unlawful detainer proceedings instituted by Landlord against Tenant, including court costs and attorneys' fees and costs, increased construction costs to Landlord as a result of Landlord's inability to timely commence construction of tenant improvements for a new tenant for the Premises, and lost rent that results from Landlord's inability to timely deliver the Premises to such new tenant. This clause shall survive the expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by law.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration If Tenant fails to surrender all or any part of the Premises at the termination of this Lease, Tenant occupancy of the Premises after termination shall become be that of a tenant tenancy at sufferance, only upon each and . Tenant’s occupancy shall be subject to all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension provisions of this Lease. , and Tenant shall pay Landlord, monthly and in advance, an amount (on a per month basis without reduction for partial months during the holdover) equal to 150% of the annual sum of the Base Rent that was payable and Additional Rent due for the period immediately preceding the hold-over periodholdover. No holdover by Tenant or payment by Tenant after the termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. If Tenant fails to vacate the Premises within 30 days after Landlord notifies Tenant that Landlord has entered into a lease for the Premises or has received a bona fide offer to lease the Premises and that Landlord will be unable to deliver possession or perform improvements due to Tenant’s holdover, escalating 10% per month (i.e.and if Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day then Tenant shall retain be liable for all damages, including but not limited to consequential damages, that Landlord suffers from the holdover as a result of Landlord’s inability to so deliver possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawperform improvements.

Holding Over. Should TenantIf Tenant holds the Premises after the expiration of the term hereof with the consent of Landlord, without Landlord’s such holding over shall, in the absence of a' written consentagreement on the subject, hold over after expiration or termination be deemed to have created a tenancy from month to month, terminable on thirty (30) days' written notice by either Party to the other, at a minimum monthly rent equal to two hundred percent (200%) of the total rent (including minimum and additional rent) paid by Tenant to Landlord under this Lease during the immediately preceding twelve (12) month period, and otherwise subject to all terms of this Lease, including the payment of all other charges payable by Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding hereunder. If Tenant holds over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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 TermLease term without the consent of Landlord, Tenant shall become a tenant of sufferance only at a rental rate equal to two hundred percent (200%) of the rent (including minimum and additional rent) payable just prior to expiration or termination, and otherwise upon the terms, covenants and conditions of this Lease. Acceptance by Landlord of rent after such expiration or earlier termination shall not constitute a consent to a holdover hereunder or result in a renewal. The provisions of this Section are b addition to and do not affect Landlord's right of reentry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costsloss or liability resulting from such failure, lossincluding, expense or liabilitywithout limiting the generality of the foregoing, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord arising out of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawfailure.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and have no right to remain in possession of all of the terms herein provided as may be applicable to a tenant at sufferance and or any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession part of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant remains in possession of all or any part of the Premises after the expiration of the Term, with the express or implied consent of Landlord: (a) such tenancy shall be deemed to be a tenancy at sufferance only; (b) such tenancy shall not constitute a renewal or extension of this Lease for any further Term; and (c) such tenancy may be terminated by Landlord upon the earlier of five (5) days’ prior written notice or the earliest date permitted by law. In the event Tenant remains in possession after the expiration of the Term, Monthly Base Rent shall be increased to an amount equal to one hundred fifty percent (150%) of the Monthly Base Rent payable during the last month of the Term as it may have been extended, and any other sums due under this Lease shall be payable in the amount and at the times specified in this Lease. Such tenancy at sufferance shall be subject to every other term, condition, and covenant contained in this Lease. The foregoing provisions of this Article 34.11 are in addition to and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including including, without limitation, claims any claim made by any succeeding tenant founded on or resulting from such failure to surrender and real estate brokers’ claims any attorney’s fees and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawcosts.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration If Subtenant occupies (or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of claims the terms herein provided as may be applicable right to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of occupy) the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Subleased Premises or any part thereof portion of the Subleased Premises after the expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialSublease without having entered into a new sublease of the Subleased Premises with Sublandlord, special or other damages and Subtenant shall be liable only for direct damages suffered or incurred by Landlord which direct damages a tenant-at-sufferance only, shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all terms and provisions of this Lease until Tenant vacates the PremisesSublease, and shall pay, as use and occupation each month, an amount equal to one hundred fifty percent (150%) and Landlord shall have the right at any time thereafter 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 monthly Base Rent payments and one hundred percent (100%) of the Additional Rent payments in this Lease upon effect for the last full calendar month preceding the date of expiration or earlier termination of this Sublease. Such a holding over, even if with the Term. If Tenant fails to surrender the Premises upon the expiration consent of Sublandlord, shall not constitute a tenancy at will or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of this Sublease, and shall not diminish or affect Sublandlord’s right to recover possession of the LeaseSubleased Premises by self help, re-entry by summary proceedings or otherwise, the provisions of this Sublease, judicial process or otherwise. Should Tenant remain Subtenant shall save Sublandlord harmless and will exonerate, defend, indemnify and hold harmless Sublandlord from and against any and all damages and expenses that Sublandlord suffers on account of Subtenant’s holding over in the Subleased Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice after the expiration or such lesser time period as may be permitted by lawsooner termination of the term of this Sublease.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession one hundred fifty percent (150%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession one hundred fifty percent (150%) of the Premises as provided in this Lease upon Basic Rent for the expiration or earlier month immediately preceding the date of termination for the initial two (2) months of holdover, and two hundred percent (200%) of the TermBasic Rent for month immediately preceding the date of termination for each month of holdover thereafter, or (b) the then currently scheduled Basic Rent for comparable space in the Project. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a month-to-month basis with addition to and do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of rights under this Lease, except when in writing signed by both parties. Tenant shall pay Landlord, monthly and in advance, 150% Any period of time following the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration Expiration Date or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission Lease required for Tenant to hold-over, nor serve remove its property or to extend place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (although Tenant shall remain bound to comply with all provisions 1st) day following the termination of this Lease until Tenant vacates the Premisesand terminating thirty (30) and days following delivery of written notice of termination by either Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender the other . In either of such events, possession shall be subject to all of the Premises as provided in terms of this Lease upon Lease, except that the expiration or earlier termination monthly Basic Rent shall be one hundred fifty percent (150%) of the TermBasic Rent for the month immediately preceding the date of termination, which amount shall be subject to increase by Landlord during the holdover period upon thirty (30) days written notice from Landlord. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only one hundred fifty percent (150%) of the total monthly rental for direct damages suffered or incurred the month immediately preceding the date of termination, subject to Landlord’s right to modify same upon thirty (30) days notice to Tenant. The acceptance by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred of monthly hold-over rental in connection with any reletting of the Premises. The foregoing provisions a lesser amount shall not serve as permission for Tenant constitute a waiver of Landlord's right to hold-over, nor serve to extend recover 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 thereafter 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 full amount due unless otherwise agreed in this Lease upon the expiration or earlier termination of the Termwriting by Landlord. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only one hundred percent (150%) of the total monthly rental for direct damages suffered or incurred the month immediately preceding the date of termination. The acceptance by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred of monthly hold-over rental in connection with any reletting of the Premises. The foregoing provisions a lesser amount shall not serve as permission for Tenant constitute a waiver of Landlord’s right to hold-over, nor serve to extend recover 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 thereafter 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 full amount due unless otherwise agreed in this Lease upon the expiration or earlier termination of the Termwriting by Landlord. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, If Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall does not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of vacate the Premises or any part thereof after upon the expiration or earlier termination of this Lease. , Tenant shall never will be liable a tenant at sufferance for consequential, special or other damages the holdover period and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all terms and provisions of this Lease until will be applicable during that period, except that Tenant vacates will pay Landlord (in addition to Additional Rent and any other sums payable under this Lease) as Base Rent for the Premisesperiod of such holdover an amount equal to one and one-half (1.5) and Landlord shall times the Base Rent which would have been payable by Tenant had the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession holdover period been a part of the Premises as provided in original term of this Lease upon (without waiver of Landlord's right to recover damages as permitted by law). Upon the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnifyvacate and deliver the Premises, defend and hold harmless all keys thereto, to Landlord upon delivery to Tenant of notice from Landlord to vacate. No holding over by Tenant, whether with or without the consent of Landlord will operate to extend the term of this Lease. Tenant indemnifies Landlord against all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance or prospective tenant against Landlord resulting from delay by Landlord of any Rent during or for any period following the expiration or termination in delivering possession of the Lease shall operate Premises to such other tenant or be construed as an extension or renewal of prospective tenant due to Tenant's failure to timely vacate the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawPremises.

Holding Over. Should TenantIf, without with Landlord’s express written consent, hold Tenant holds over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of the Term, such holding over shall constitute a month-to-month tenancy on all the other terms and conditions of this Lease. Tenant shall never be liable for consequential, special or other damages and except that Base Rent shall be liable only equal to 125% of the Base Rent payable under this Lease for direct damages suffered the last full month before the date of expiration or incurred by Landlord which direct damages termination. This section shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve construed as Landlord’s permission for Tenant to hold-hold over, nor serve to extend the Term (although Tenant . Acceptance of Rent by Landlord following expiration or termination shall remain bound to comply with all provisions not constitute a renewal of this Lease until or extension of the Term, except as specifically set forth above. If Tenant vacates the Premises) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender remains in possession of the Premises as provided in after expiration or other termination of this Lease upon without Landlord’s express written consent, Tenant’s continued possession shall be on the basis of a tenancy at sufferance and Tenant shall pay as Base Rent during the holdover period an amount equal to one hundred fifty percent (150%) of the Rent payable under this Lease for the last full month before the date of expiration or earlier termination of the Termtermination. If Tenant fails to surrender the Premises upon the expiration or other termination of this Lease, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from and against all costsloss or liability resulting from or arising out of Tenant’s failure to surrender the Premises, lossincluding, expense but not limited to, any amounts required to be paid to any tenant or liability, including without limitation, claims made by any succeeding prospective tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect who was to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following have occupied the Premises after the expiration or other termination of the this Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) daysand any related attorneys’ written notice or such lesser time period as may be permitted by lawfees and brokerage commissions.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord's prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant's fixtures and/or personal property pursuant to Section 9.1 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord for, from and against all costsclaims, lossdamages, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims any attorneys' fees and attorneys’ fees, except as provided above costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination In no event shall there be any renewal of this LeaseLease by operation of law, and if Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and remains in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier the termination of this Lease. Lease without written authorization executed by Landlord and Tenant, but with the acquiescence or consent of Landlord, Tenant shall never be liable for consequential, special or other damages and shall deemed to be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter to enter and possess occupying 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on under a month-to-month basis periodic tenancy at a monthly rental equal to one hundred fifty percent (150%) (with Landlord’s approvalrespect to the first month of holdover) or two hundred percent (200%) (with respect to each subsequent month of holdover) of the Base Rental in effect during the last month of the Lease Term, plus all Additional Rental provided for in this Lease (the “Holdover Rent”), and otherwise subject to all the covenants and provisions of this Lease insofar as the same are applicable to a tenancy-at-will. Landlord and Tenant agree that any such monthtenancy-toat-month tenancy will may be cancelled terminated by either party with thirty (30) days’ days prior written notice by either party to the other party. If Tenant remains in possession after termination of this Lease without Landlord’s acquiescence or such lesser time period consent, Tenant thereupon shall be deemed a tenant-at-sufferance subject to summary eviction as may be permitted provided by law; provided that Tenant shall be responsible for the Holdover Rent on a per diem basis for each day that Tenant remains in possession of the Premises after the termination of this Lease. In addition to and without limiting any other rights and remedies which Landlord may have on account of such holding over by Tenant, if such holding over exceeds sixty (60) days, Tenant shall indemnify Landlord from and against any and all direct and consequential damages suffered by Landlord on account of such holding over by Tenant, including any damages and claims by tenants entitled to future possession.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of Except as otherwise provided in this Lease, Tenant shall become a tenant at sufferance, only vacate the Property upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable reimburse Landlord for consequential, special or other and indemnify Landlord against all damages and shall be liable only for direct damages suffered or incurred by which Landlord which direct damages shall include, but not be limited to, damages suffered or incurred incurs from Tenant's delay in connection with any reletting of vacating the PremisesProperty. The foregoing provisions shall not serve as permission for If Tenant to hold-over, nor serve to extend remains in possesxxxx xf 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 thereafter 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 premises after expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease with Landlord's express written consent, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease Tenant's occupancy shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approvaltenancy at a rent agreex xx xy Landlord and Tenant, such but in no event less than the Base Rent and Additional Rent payable under this Lease during the last full month before the date of expiration or earlier termination of this Lease. The month-to-month tenancy may shall be cancelled by either party on the terms and conditions of this Lease except those terms and conditions dealing with thirty the length of the Term and Options to extend. Landlord's acceptance of rent after such holding over with Landlord'x xxxxxxn consent shall not result in any other tenancy or xx x xxxewal of the original term of this Lease. If Tenant remains in possession of the premises after expiration or earlier termination of this Lease without Landlord's consent, Tenant's continued possession shall be on the basis of a tenancy at xxxxxxance and Tenant shall pay as rent during the holdover period an amount equal to one hundred twenty five percent (30125%) days’ written notice of the Base Rent and Additional Rent payable under this Lease for the last full month before the date of expiration or such lesser time period as may be permitted by law.termination. ARTICLE THREE: BASE RENT Section

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission total monthly rental for Tenant the month immediately preceding the date of termination, subject to hold-over, nor serve Landlord’s right to extend the Term modify same upon thirty (although Tenant shall remain bound 30) days notice to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter 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 TermTenant. If Tenant Xxxxxx fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a month-to-month basis with addition to and do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent for the initial two (2) months of holdover shall be one hundred fifty persent (150%) of the Basic Rent for the month immediately preceding the date of termination and the monthly Basic Rent for the third (3rd) and Landlord each successive month of holdover shall have be the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession greater of (a) two hundred percent (200%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a month-to-month basis with addition to and do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consent, hold Any holding over after the expiration or termination of this Leaselease with the written consent of Landlord shall be construed to be a tenancy from month to month at the monthly rent, Tenant shall become a tenant at sufferanceas adjusted, only upon each and all in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the terms herein provided as may be applicable to a tenant at sufferance term and any such holding over option to extend, shall not constitute an extension apply to the month to month tenancy. The provisions of this Leaseparagraph are in addition to, and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Leaselease for any reason, then Tenant shall pay to Landlord for each day of such retention for the first thirty (30) days one hundred twenty-five percent (125%) of the daily rental in effect during the last month prior to the date of such expiration or termination and thereafter Tenant shall pay to Landlord for each day of such retention double the amount of the daily rental in effect during the last month prior to the date of such expiration or termination. Tenant shall never be liable for consequentialalso indemnify and hold Landlord harmless from any loss, special or other damages liability and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall includeexpense (including, but not be limited to, damages suffered or incurred attorneys fees) resulting from delay by Tenant in connection with any reletting of surrendering the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, limitation any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damagesfounded on such delay. No acceptance Acceptance of rent by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or not constitute a renewal of the Leasethis lease, and nothing contained in this paragraph shall waive Landlord's right of re-entry or any other right. Should Tenant remain in the Premises on shall be only a month-to-month basis with Tenant at sufferance, whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ 's written notice or such lesser time period as may be permitted by lawconsent.

Holding Over. Should Tenant, without Landlord’s written consent, hold Any holding over after the expiration or ------------ termination of this Leaselease (with the written consent of Landlord delivered to Tenant) shall be construed to be a tenancy from month to month at the monthly rent, Tenant shall become a tenant at sufferanceas adjusted, only upon each and all in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the terms herein provided as may be applicable to a tenant at sufferance term and any such holding over option to extend, shall not constitute an extension apply to the month to month tenancy. The provisions of this Leaseparagraph are in addition to, and do not affect, Landlord's right of re-entry or other rights hereunder or provided by law. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Leaselease for any reason, then Tenant shall pay to Landlord for each day of such retention one hundred fifty percent (150%) of the amount of the daily rental in effect during the last month prior to the date or such expiration or termination. Tenant shall never be liable for consequential, special also indemnify and hold Landlord harmless from any loss or other damages and shall be liable only for direct damages suffered or incurred liability resulting from delay by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred Tenant in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter to enter and possess surrendering 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damagesfounded on such delay. No acceptance Acceptance of rent by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or not constitute a renewal of the Leasethis lease, and nothing contained in this paragraph shall waive Landlord's right of re-entry or any other right. Should Tenant remain in the Premises on shall be only a month-to-month basis with Tenant at sufferance, whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ 's written notice or such lesser time period as may be permitted by lawconsent.

Holding Over. Should Tenant, without Landlord’s written consent, hold If Tenant holds over for any period after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month Expiration Date (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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, such tenancy shall constitute a tenancy at sufferance only and an Event of Default by Tenant; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the 1st day following the termination of this Lease and terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that for the first 60 days of such holdover, the monthly rental shall be 150% of the total monthly rental for the month immediately preceding the date of termination. Thereafter, such monthly rental rate shall be subject to Landlord’s right to modify same upon 30 days’ notice to Tenant. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon following the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 15.1 are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, This Lease shall terminate without Landlord’s written consent, hold further notice at the expiration of the Term. Any holding over by Tenant after expiration of the Term shall not constitute a renewal or extension of the Lease or give Tenant any rights in or to the Premises except as expressly provided in this Lease. Any holding over after such expiration with the written consent of Landlord and Master Landlord shall be construed to be a tenancy from month to month on the same terms and conditions herein specified insofar as applicable except that rent payable hereunder shall be increased to an amount equal to 150% of the monthly rent payable during the last full calendar month of the Term. If Tenant holds over after the expiration or earlier termination of this Leasethe Lease term without the written consent of Landlord and Master Landlord, Tenant shall become a tenant at sufferancesufferance only, only upon each and all at a rental rate equal to 175% of the terms herein provided as may be applicable to a tenant at sufferance monthly rent payable during the last full calendar month of the Term, and any such holding over shall not constitute an extension otherwise upon the terms, covenants and conditions of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% Acceptance by Landlord of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof rent after such expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special not constitute a consent to a holdover hereunder or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred result in connection with any reletting of the Premisesa renewal. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions of this SECTION 28 are in addition to and do not affect Landlord's or Master Landlord's right of reentry or any other rights of Landlord hereunder or of Master Landlord under the Master Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises as otherwise provided in this Lease upon the expiration or earlier termination of the Termby law. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend shall indemnify and hold Landlord and Master Landlord harmless Landlord from all costsany loss or liability resulting from such failure to surrender, lossincluding, expense or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord arising out of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawfailure.

Holding Over. Should TenantIf Tenant occupies the Premises after the Lease Expiration Date (or earlier termination of this Lease) without having entered into a new lease of the Premises with Landlord, without Tenant shall be a tenant-at-sufferance only, shall be subject to all of the terms and provisions of this Lease, and shall pay as use and occupation each month an amount equal to 150% of the monthly Basic Rent payments in effect for the last full calendar month preceding the Lease Expiration Date (or the date of earlier termination). Such a holding over, even if with the consent of Landlord, and regardless of any conditions or restrictions set forth on checks or payments made to Landlord (whether or not Landlord places restrictive endorsements on such checks or payments), shall not constitute a tenancy at will or an extension or renewal of this Lease, and shall not diminish or affect Landlord’s written consentright to recover possession of the Premises by self help, hold re-entry by summary proceedings, the provisions of this Lease, judicial process, or otherwise. Tenant shall save Landlord harmless and will exonerate, defend, and indemnify Landlord from and against any and all damages that Landlord suffers on account of Tenant’s holding over in the Premises after the expiration or sooner termination of this Lease, except that Tenant shall not be liable for any consequential damages during the first 60 days of such holdover. Tenant will be obligated to comply with Section 9.24.1 even if Tenant holds over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly hereby indemnifies Landlord against any liability resulting from delay by Tenant in surrendering and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender yielding up the Premises upon the termination or expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liabilityLease as provided herein, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesor prospective tenant founded upon such delay or failure to yield up the Premises in the condition specified in Section 9.24.1, except as provided above with respect to damages other than direct damages. No acceptance by Landlord that Tenant shall not incur such liability during the first 60 days of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawholdover.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration If Tenant occupies (or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of claims the terms herein provided as may be applicable right to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of -------------------------- occupy) the Premises or any part thereof after expiration the Lease Expiration Date (or earlier termination of this Lease. ) without having entered into a new lease of the Premises with Landlord, Tenant shall never be liable for consequentiala tenant-at-sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all terms and provisions of this Lease, and shall pay as use and occupation each month an amount equal to the same Basic Rent as was payable for the last month of the Lease until Tenant vacates for the Premisesfirst two (2) months of such hold over period and Landlord twice the monthly Rent payments in effect for the last full calendar month preceding the Lease Expiration Date (or the date of earlier termination) thereafter for each month of the remainder of the holdover period. Such a holding over, even if with the consent of Landlord, shall have the not constitute a tenancy at will or an extension or renewal of this Lease, and shall not diminish or affect Landlord's right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender recover possession of the Premises as provided in this Lease upon by self help, re-entry by summary proceedings or otherwise, the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination provisions of this Lease, judicial process, or otherwise. Tenant agrees to indemnify, defend shall indemnify and hold harmless Landlord from and against all costs, loss, expense or cost, liability, including damages and claims incurred by Landlord as a result of any holding over by Tenant, including, without limitation, claims made by all court and arbitration costs, attorneys' fees and expenses and any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect other expenses of litigation or arbitration plus any damages on account of inability to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination deliver possession of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawto any successor tenant.

Holding Over. Should Broker may terminate Tenant’s tenancy at the end of any term, without Landlord’s extension, renewal, or month-to-month tenancy, upon thirty (30) days written consentnotice to Tenant prior to the end of the term, hold over extension, or renewal being terminated. If with the consent of Broker, Xxxxxx continues in possession of the Premises after expiration of the Lease Term, any extension, or termination of renewal, this Lease, Tenant Lease shall become a tenant at sufferancemonth-to-month lease, only upon each and subject to all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension conditions of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant then remain in the Premises effect on a month-to-month basis until terminated by either party, in accordance with Landlord’s approvalthe requirements set forth in any applicable provision of this Lease. If Xxxxxx holds over and goes month to month, such Xxxxxx will be liable for and agrees to pay a month-to-month tenancy may fee in the amount $1,000.00 per Month. The month-to-month fee is not rent or additional rent but consideration paid by Tenant to Broker for the privilege of being allowed to occupy the Premises on a short-term basis without having to commit to a longer term, and Tenant having the flexibility to terminate the Agreement on notice required by this Agreement. If and when Xxxxxx agrees to a new Lease term, Tenant will no longer be cancelled liable for paying the month-to-month fee. If either Tenant or Broker gives notice to vacate, Tenant shall vacate on or before the date specified in the notice. If without the consent of Broker, Xxxxxx continues in possession of the Premises, and fails to vacate or fails to turn in any keys after expiration and termination of any Lease term, extension, or renewal, or after any notice to vacate, Tenant shall be wrongfully holding over. For any wrongful holdover period, Tenant shall pay Broker rent in the amount of two (2) times the daily rent calculated by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawusing the monthly rent from the preceding month.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord’s prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant’s fixture and/or personal property pursuant to Section 9.01 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord for, from and against all costsclaims, lossdamages, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims and any attorneys’ fees, except as provided above fees and costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consent, hold In the event of holding over by Tenant after expiration or other termination of this LeaseLease or in the event Tenant continues to occupy the Premises after the termination of Tenant's right of EXHIBIT 10.7 possession pursuant to Paragraph 22(b) hereof, Tenant shall become a tenant at sufferanceshall, only upon each and all throughout the entire holdover period, pay rent equal to 1.5 times the sum of the terms herein provided as may be Base Rental plus the additional rent which would have been applicable to a tenant at sufferance and any had the term of this Lease continued through the period of such holding over shall not constitute an extension by Tenant. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the term of this Lease shall be construed to extend the term of this Lease or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the term of the Lease. Tenant shall pay Landlordbe liable to Landlord for all damage, monthly including any consequential damage, which Landlord may suffer by reason of any holding over by Tenant and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such other tenant or any part thereof after expiration prospective tenant. Nothing in this Paragraph or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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 elsewhere in this Lease upon shall be construed as Landlord granting Tenant permission to holdover, which permission is denied unless Landlord agrees otherwise in writing prior to the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination end of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawTerm.

Holding Over. Should Tenant, without Landlord’s written consent, hold If Tenant holds over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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 TermTerm hereof without the express written consent of Landlord, Tenant shall become a tenant-at-sufferance only, and Tenant shall be liable to Landlord for the payment of Base Rent hereunder at one hundred fifty percent (150%) of Landlord's then scheduled Base Rent for the Premises, plus all additional rent payable by Tenant under this Lease, and such unpermitted holdover shall be subject to the terms, covenants and conditions specified herein, so far as applicable. If Acceptance by Landlord of rent after such expiration or earlier termination shall not result in a renewal of this Lease. The foregoing provisions of this Article 23 are in addition to and do not affect any of the rights of Landlord to pursue Tenant for all of Landlord's damages, as a result of Tenant's unpermitted holdover of the Premises. In the event that Tenant fails to surrender the Premises upon the expiration such termination or termination of this Leaseexpiration, then Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord against all loss or liability resulting from all costsor arising out of Tenant's failure to surrender the Premises, lossincluding, expense but not limited to, any actual and reasonable amounts required to be paid to any tenant or liability, including without limitation, claims made by any succeeding prospective tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect who was to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in have occupied the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice after said termination or such lesser time period as may be permitted by lawexpiration and any related attorneys' fees and brokerage commissions.

Holding Over. Should Tenant, without Landlord’s written consent, hold If Tenant holds over after expiration the Expiration Date or other termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension be a renewal of this Lease but shall create a tenancy-at-sufferance. Tenant shall continue to be bound by all of the terms and conditions of this Lease. , except that during such tenancy-at-sufferance Tenant shall pay Landlord, monthly and in advance, to Landlord (i) Base Rent at the rate equal to one hundred fifty percent (150% %) of that provided for as of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of date, and (ii) any and all Additional Rent payable under this Lease. Tenant shall never be liable The increased Rent during such holding over is intended to compensate Landlord partially for consequentiallosses, special or other damages and shall be liable only expenses, including frustrating and delaying Landlord’s ability to secure a replacement tenant. In the event Landlord has notified Tenant in writing that Landlord has a replacement tenant for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender vacate the Premises upon by the expiration later to occur of (a) the Expiration Date or within the time provided after a termination of this Lease, Tenant agrees to indemnifyor (b) sixty (60) days after delivery of Landlord’s notice of the replacement tenant, defend and hold harmless Landlord from then all costslost rents, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ leasing fees, except as provided above attorney fees, architectural fees, brokerage commissions, and any other out-of-pocket costs incurred by Landlord related to the loss of such replacement tenant or negotiation of the lease with respect such replacement tenant, shall be deemed to damages other than be direct damages. No acceptance by , and Tenant will be liable for all such damages as Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawcan prove.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord's prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant's fixture and/or personal property pursuant to Section 9.01 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from and against all costs, loss, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims any attorneys' fees and attorneys’ fees, except as provided above costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should TenantAny holding over after the expiration of the term of this Lease with the written consent of Landlord shall be a tenancy from month to month upon the same terms, without Landlord’s covenants and conditions herein, the monthly rental shall be determined by Landlord and contained in the written consent, hold over subject to adjustment as provided in paragraph 5 herein. Either party may thereafter terminate such tenancy on 30 days written notice. Acceptance by Landlord of rent after such expiration shall not result in any other tenancy or termination any renewal of the term of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension provisions of this Leaseparagraph are in addition to and do not affect Landlord’s right of re-entry or other rights provided under this Lease or by applicable law. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day If Tenant shall retain possession of the Premises or any part thereof after without Landlord’s written consent following the expiration or earlier sooner termination of this LeaseLease for any reason, then Tenant shall pay to Landlord for each day of such retention one hundred fifty percent (150%) of the amount of the daily rental for the last period prior to the date of such expiration or termination. Tenant shall never be liable for consequential, special also indemnify and hold Landlord harmless from any loss or other damages and shall be liable only for direct damages suffered or incurred liability resulting from delay by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred Tenant in connection with any reletting of surrendering the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Leaseincluding, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesfounded on such delay. Alternatively, except as provided above with respect if Landlord gives notice to damages other than direct damages. No acceptance by Landlord Tenant of any Rent during or for any period following the expiration or termination of the Lease Landlord’s election thereof, such holding over shall operate or be construed as an extension or constitute renewal of the Lease. Should Tenant remain in the Premises on this Lease for a period from month to month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by law.

Holding Over. Should Tenant, without Landlord’s written consent, hold If Tenant holds over for any period after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month Expiration Date (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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), such tenancy shall constitute a tenancy at sufferance only and possession shall be subject to all of the terms of this Lease, except that the monthly rental shall be 200% of the total monthly rental for the month immediately preceding the date of termination, except that during the first 60 days of such holdover, the monthly rental shall be 150% of Rent for the month immediately preceding the date of termination. After the initial 60 days of such holdover, the monthly rental shall be increased to 200% of the total monthly Rent for the month immediately preceding the date of termination. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender vacate the Premises upon within 15 days after Landlord notifies Tenant that Landlord has entered into a lease for the expiration Premises or termination has received a bona fide offer to lease the Premises and that Landlord will be unable to deliver possession or perform improvements due to Tenant’s holdover, and if Landlord is unable to deliver possession of this Leasethe Premises to a new tenant or to perform improvements for a new tenant as a result of Tenant’s holdover, then Tenant agrees to indemnify, defend shall be liable for all damages that Landlord suffers from the holdover. Tenant shall also indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 15.1 are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord's prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a monthly rent equal to one hundred and fifty percent (150%) of fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 16.16 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant's fixture and/or personal property pursuant to Section 9.01 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from and against all costs, loss, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims any attorneys' fees and attorneys’ fees, except as provided above costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consent, hold In the event of holding over by Tenant after expiration or other termination of this LeaseLease or in the event Tenant continues to occupy the Premises after the termination of Tenant’s right of possession pursuant to Section 23.A(3) hereof, Tenant shall become a tenant at sufferance, only upon each and all occupancy of the terms herein provided as may Premises subsequent to such termination or expiration shall be applicable to that of a tenant tenancy at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, no event for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such monthor year-to-year. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease and shall pay for its use and occupancy an amount equal to one hundred twenty-five percent (125%) of the Base Rent payable during the last month tenancy may be cancelled by either party with of the Lease Term, payable on a per diem basis for the first thirty (30) days’ days after the expiration of the Lease Term, and thereafter, at a monthly rate equal to one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Lease Term shall be construed to extend the Lease Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise unless Landlord has sent written notice to Tenant that Landlord has elected to extend the Lease Term. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant shall also be liable to Landlord for all damages, including, without limitation, any consequential damages, which Landlord may suffer by reason of any holding over by Tenant and Tenant shall also indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Premises to such lesser other tenant or prospective tenant. Nothing contained in this Section 27 shall be construed to imply that Tenant has the right to hold over for any period of time period as may be permitted by lawwithout Landlord’s prior written consent.

Holding Over. Should Tenant, without Landlord’s written consent, hold Any holding over after the expiration or termination of ------------ this Leaselease with the written consent of Landlord shall be construed to be a tenancy from month to month at the monthly rent, Tenant shall become a tenant at sufferanceas adjusted, only upon each and all in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the terms herein provided as may be applicable to a tenant at sufferance term and any such holding over option to extend, shall not constitute an extension apply to the month to month tenancy. The provisions of this Leaseparagraph are in addition to, and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Leaselease for any reason, then Tenant shall pay to Landlord for each day of such retention one hundred fifty percent (150%) of the amount of the daily rental in effect during the last month prior to the date of such expiration or termination. Tenant shall never be liable for consequentialalso indemnify and hold Landlord harmless from any loss, special or other damages liability and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall includeexpense (including, but not be limited to, damages suffered or incurred reasonable, attorneys fees) resulting from delay by Tenant in connection with any reletting of surrendering the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, limitation any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damagesfounded on such delay. No acceptance Acceptance of rent by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or not constitute a renewal of the Leasethis lease, and nothing contained in this paragraph shall waive Landlord's right of re-entry or any other right. Should Tenant remain in the Premises on shall be only a month-to-month basis with tenant at sufferance, whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ 's written notice or such lesser time period as may be permitted by lawconsent.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord’s prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant’s fixture and/or personal property pursuant to Section 9.1 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord for, from and against all costsclaims, lossdamages, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims and any attorneys’ fees, except as provided above fees and costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. 55.1 Tenant shall pay Landlord, monthly Landlord one and in advance, 150% one half (1 1/2) times the fair market rental value of the annual Demised Premises, as determined by Landlord (but in no event less than one and one half (1 1/2) times the total of Adjusted Minimum Rent that was payable immediately preceding plus additional rent then applicable under the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, Lease) for each day month or partial month during which Tenant shall retain retains possession of the Premises Demised Premises, or any part thereof thereof, after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this the Lease. Notwithstanding the preceding sentence, the parties hereto agree that 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any shall only be responsible for paying the Adjusted Minimum Rent during or stated in the Lease for any the initial sixty (60) day period following the expiration or termination of the Lease and the holdover rent penalty of one and one-half (1 1/2) times the fair market rental value of the Demised Premises shall operate or be construed as an extension or renewal commence on the sixty first (61st) day following the termination of the Lease. Should Tenant remain in understands that on the last day of the term of this Lease, all or a part of the Demised Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled subject to certain rights of occupancy held by either party other parties and that any retention of possession by Tenant after the last day of the term of this Lease may cause significant hardship on Landlord and on parties to whom certain rights of occupancy for all or any part of the Demised Premises have been granted. In connection with the foregoing, Tenant shall defend, indemnify and hold Landlord harmless against all liabilities and damages sustained by reason of any such retention of possession. If Tenant retains possession of the Demised Premises, or any part thereof, for thirty (30) days’ days or longer after the expiration or termination of this Lease, then Landlord, at Landlord's election expressed in a written notice to Tenant but not otherwise, may, in addition to all other rights and remedies available to Landlord under this Lease and by law, constitute such holding over as a renewal of this Lease for a period of one (1) year on the same terms as are set forth in this Lease, except that the Minimum Rent shall be equal to the then fair rental value of the Demised Premises, as determined by Landlord (but in no event less than the Minimum Rent then payable by Tenant under this Lease). Nothing contained in this Lease shall be construed as a consent by Landlord to the occupancy or such lesser time period as possession by Tenant of the Demised Premises beyond the Termination Date or prior expiration of the term hereof, and Landlord, upon the Termination Date or prior expiration of the term hereof, shall also be entitled to consequential damages and to the benefit of all legal remedies that now may be permitted by lawin force or may be hereafter enacted for summary possession of the Demised Premises.

Holding Over. Should Tenant, without Landlord’s written consent, hold If Tenant holds over after the expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may Lease Term hereof, with or without the express or implied consent of Landlord, such tenancy shall be applicable to a tenant at sufferance from month-to-month only, and any such holding over shall not constitute a renewal hereof or an extension for any further term. If the holding over is without Landlord's consent. Rent shall be payable at a monthly rate equal to one hundred twenty-five percent (125%) of the Rent applicable during the last rental period of the Lease Term under this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the holdSuch month-over period, escalating 10% per to-month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and tenancy shall be liable only for direct damages suffered or incurred subject to every other term, covenant and agreement contained herein. Nothing contained in this Article ------- 16 shall be construed as consent by Landlord which direct damages shall includeto any holding over by Tenant, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 expressly reserves the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or earlier other termination of this Lease. The provisions of this Article 16 shall not be ---------- deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. Tenant acknowledges that if Tenant holds over without Landlord's consent, such holding over may compromise or otherwise affect Landlord's ability to enter into new leases with prospective tenants regarding the TermPremises. If Therefore, if Tenant fails to surrender the Premises upon the termination or expiration or termination of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant agrees to indemnifyshall protect, defend defend, indemnify and hold Landlord harmless Landlord from all costs, loss, expense or liabilitycosts (including reasonable attorneys' fees) and liability resulting from such failure, including including, without limitationlimiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and real estate brokers’ claims and attorneys’ feesany losses suffered by Landlord, except as provided above with respect including lost profits, resulting from such failure to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawsurrender.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term with or without the prior written consent of Landlord, such possession shall become constitute a tenant at sufferancemonth-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In such event, only upon each and possession shall be subject to all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant , except that the monthly Basic Rent shall pay Landlord, monthly be one hundred thirty-seven and in advance, 150% one-half percent (137.5%) of the annual Basic Rent that was payable for the month immediately preceding the date of termination. Any such monthly hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and rental shall be liable only appropriately prorated for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting partial calendar month so long as Tenant has provided the requisite thirty days prior notice of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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 Termtermination. If Tenant fails to surrender the Premises upon within forty-five (45) days following the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only one hundred fifty percent (150%) of the total monthly rental for direct damages suffered or incurred the month immediately preceding the date of termination, subject to Landlord's right to modify same upon thirty (30) days notice to Tenant. The acceptance by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred of monthly hold-over rental in connection with any reletting of the Premises. The foregoing provisions a lesser amount shall not serve as permission for Tenant constitute a waiver of Landlord's right to hold-over, nor serve to extend recover 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 thereafter 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 full amount due unless otherwise agreed in this Lease upon the expiration or earlier termination of the Termwriting by Landlord. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages do not affect Landlord's right of re-entry or any other than direct damages. No acceptance by rights of Landlord of any Rent during under this Lease or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by at law.

Holding Over. Should Tenant, without Tenant hold over after the expiration or sooner termination of this Sublease with Landlord’s prior written consent, hold over after expiration or termination such possession by Tenant shall be deemed to be a month-to-month tenancy subject to each and all terms and conditions of this LeaseSublease as applicable to a month-to-month tenancy, and such tenancy shall be terminable upon not less than thirty (30) days’ written notice given by either Landlord or Tenant at any time. During such holding over, Tenant shall become a tenant at sufferance, only upon each and all pay in advance monthly Base Rent equal to the greater amount of: a) the product of the terms herein provided as may be applicable Rentable Area times the base rent per square foot of Rentable Area then being quoted generally by Landlord to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordprospective tenants, monthly and in advance, or b) 150% of the annual Base Rent that was established under the Sublease for the last month of the Term of the Sublease. In addition, Tenant shall pay any Additional Rent as set forth in Section 5 and any other charges payable immediately preceding under the hold-over period, escalating 10% per month (i.e., 160% Sublease during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day period in which Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premisesholds over. The foregoing provisions shall not serve as permission for 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 Section are in addition to and do not affect any rights of Landlord under the PremisesSublease or as otherwise provided by law. Nothing contained herein shall constitute Landlord’s consent to any holding over by Tenant. The terms and conditions of Tenant’s holding over may be changed by Landlord upon not less than thirty (30) and Landlord shall have the right at any time thereafter 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 Termdays’ written notice. If Tenant fails to surrender the Premises upon the expiration or sooner termination of this LeaseSublease despite written demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense losses or liability, including without limitation, claims any claim made by any succeeding tenant founded on or resulting from such failure to surrender, any loss of rent from prospective tenants, and real estate brokers’ claims and any reasonable attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance fees and legal costs incurred and paid by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with to enforce Landlord’s approvalrights hereunder, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice whether or such lesser time period as may be permitted by lawnot a legal action is filed.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, If Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and remains in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises after the Term expires or is otherwise terminated without executing a new lease but with Landlord's prior written consent, then unless provided otherwise by Landlord in such written consent (a) Tenant is deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease applicable to a month-to-month tenancy, (b) Basic Rent during the holdover period will equal 125% of the greater of the Basic Rent payable by Tenant in the last Lease Year of the Term or Landlord's then current basic rent for the Premises according to Landlord's rental rate schedule for prospective tenants, (c) Tenant will also pay Tenant's Share of Excess Property Expenses and all other Additional Rent applicable to such holdover period as described in this Lease, and (d) either Landlord or Tenant may terminate the month-to-month tenancy at any part thereof time upon 30 days prior written notice to the other party. If Tenant remains in possession of the Premises after expiration the Term expires or earlier termination is otherwise terminated without executing a new lease and without Landlord's prior written consent, then Tenant is deemed to be occupying the Premises without claim of right (but subject to all provisions, conditions and obligations of this Lease. Tenant shall never be liable ) and, in addition to Tenant's liability for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant failing to surrender possession of the Premises as provided in this Lease upon Section 16.1 and all other rights and remedies of Landlord related to such holding over, Tenant will pay Landlord a charge for each day of occupancy after the expiration or earlier termination Term in an amount equal to 200% of the Term. If Basic Rent payable by Tenant fails in the last Lease Year of the Term (on a daily basis), plus Tenant's Share of Excess Property Expenses and all other Additional Rent applicable to surrender the Premises upon the expiration or termination of such holdover period as described in this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by law.

Holding Over. Should Tenant, without Landlord’s written consent, hold Any holding over after the expiration or termination of this Leaselease with the written consent of Landlord shall be construed to be a tenancy from month to month at one hundred and fifty percent (150%) the monthly rent as adjusted, Tenant shall become a tenant at sufferancein effect on the date of such expiration or termination. All provisions of this lease, only upon each and all of except those pertaining to the terms herein provided as may be applicable to a tenant at sufferance term and any such holding over option to extend, shall not constitute an extension apply to the month to month tenancy. The provisions of this Leaseparagraph are in addition to, and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Leaselease for any reason, then Tenant shall pay to Landlord for each day of such retention double the amount of the daily rental in effect during the last month prior to the date of such expiration or termination. Tenant shall never be liable for consequentialalso indemnify and hold Landlord harmless from any loss, special or other damages liability and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall includeexpense (including, but not be limited to, damages suffered or incurred attorneys fees) resulting from delay by Tenant in connection with any reletting of surrendering the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, limitation any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damagesfounded on such delay. No acceptance Acceptance of rent by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or not constitute a renewal of the Leasethis lease, and nothing contained in this paragraph shall waive Landlord's right to re-entry or any other right. Should Tenant remain in the Premises on shall be only a month-to-month basis with Tenant at sufferance, whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ 's written notice or such lesser time period as may be permitted by lawconsent.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term with or without the prior written consent of Landlord, such possession shall become constitute a tenant at sufferancemonth-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In such event, only upon each and possession shall be subject to all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant , except that the monthly Basic Rent shall pay Landlord, monthly and in advance, 150% be *** of the annual Basic Rent that was payable for the month immediately preceding the date of termination. Any such monthly hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and rental shall be liable only appropriately prorated for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting partial calendar month so long as Tenant has provided the requisite thirty days prior notice of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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 Termtermination. If Tenant fails to surrender the Premises upon within forty-five (45) days following the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages do not affect Landlord's right of re-entry or any other than direct damages. No acceptance by rights of Landlord of any Rent during under this Lease or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by at law.

Holding Over. Should Tenant, without Landlord’s written consent, hold Any holding over after the expiration or termination of this Lease, Tenant lease with the written consent of Landlord shall become be construed to be a tenant tenancy from month to month at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding monthly rent as adjusted, in effect on the holddate of such expiration or termination. All provisions of this lease, except those pertaining to the term and any option to extend, shall apply to the month-over periodto-month tenancy. The provisions of this paragraph are in addition to, escalating 10% per month (i.e.and do not affect, 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Landlord’s right of reentry or other rights hereunder or provided by law. If Tenant shall retain possession of the Premises or any part thereof after without Landlord’s consent following the expiration or earlier sooner termination of this Leaselease for any reason, then Tenant shall pay to Landlord for each day of such retention 1/30th of 150% of the monthly rent monthly rental in effect during the last month prior to the date of such expiration or termination. Tenant shall never be liable for consequentialalso indemnify and hold Landlord harmless from any loss, special or other damages liability and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall includeexpense (including, but not be limited to, damages suffered or incurred attorneys fees) resulting from delay by Tenant in connection with any reletting of surrendering the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, limitation any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damagesfounded on such delay. No acceptance Acceptance of rent by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or not constitute a renewal of the Lease. Should Tenant remain this lease, and nothing contained in the Premises on a month-to-month basis with this paragraph shall waive Landlord’s approvalright to re-entry or any other right. Tenant shall be only a Tenant at sufferance, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s written notice or such lesser time period as may be permitted by lawconsent.

Holding Over. Should TenantIf Lessee, without Landlord’s written consentor anyone claiming through Lessee, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall does not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of surrender the Premises or any part portion thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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 Lease Term, then Lessee shall automatically forfeit all rights to the security deposit then being held by Lessor pursuant to this Lease and the rent payable by Lessee hereunder shall be increased to equal the greater of (1) 150% of the fair market rent for the entire Premises, or (2) 150% of the Base Rent, additional rent and other sums payable during the immediately preceding Lease Year. If Tenant fails to surrender Such rent shall be computed by Lessor and paid by Lessee on a monthly basis and shall be payable on the first day of such holdover period and the first day of each calendar month thereafter during such holdover period until the Premises upon the expiration or termination have been vacated. Notwithstanding any other provision of this Lease, Tenant agrees to indemnify, defend Lessor’s acceptance of such rent shall not in any manner adversely affect Lessor’s other rights and hold harmless Landlord from all costs, loss, expense or liabilityremedies, including without limitation, claims made by any succeeding tenant Lessor’s right to evict Lessee and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct recover all damages. No acceptance by Landlord of Any such holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any Rent during or for any period following the expiration or termination of the Lease shall operate or holdover be construed as an deemed a permitted extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis Lease Term, and nothing contained herein shall be construed to constitute Lessor’s consent to any holdover or to give Lessee any right with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawrespect thereto.

Holding Over. Should Tenant, without Landlord’s written consent, hold If Tenant holds over for any period after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month Expiration Date (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender ) without the Premises upon prior written consent of Landlord, such tenancy shall constitute a tenancy at sufferance only and a Default by Tenant; such holding over with the expiration or termination prior written consent of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on constitute a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled commencing on the 1st day following the termination of this Lease and terminating 30 days following delivery of written notice of termination by either party with thirty (30) days’ Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be 150% of the monthly Basic Rent for the month immediately preceding the date of termination unless Tenant gives Landlord 90-day prior written notice ("Holdover Notice") of its intent to hold over in which event the monthly rental shall be 100% of the total monthly rental for the month immediately preceding the date of termination for the initial 3 months of holdover, and 150% of the total monthly rental for the month immediately preceding the date of termination for each month of holdover thereafter, subject to the right of either party to terminate any such holdover tenancy by giving 30 days prior written notice to the other party. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due unless otherwise agreed in writing by Landlord. The foregoing provisions of this Section 15.1 are in addition to and do not affect Landlord's right of re-entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consent, hold If TENANT holds over after expiration or the termination of this LeaseLease without the express written consent of the LANDLORD, Tenant TENANT shall become be a tenant at tenant-at-sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant TENANT shall pay Landlord, monthly and in advance, to LANDLORD rent at the rate of 150% of the annual Rent that was payable immediately preceding amount of rental paid by TENANT for the hold-over periodlast month of the lease term, escalating 10% per month (i.e., 160% in addition to all other payments required to be made by TENANT for the time during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain which TENANT retains possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall includePremises, but this shall not be limited to, damages suffered or incurred in connection with waive any reletting of the PremisesLANDLORD's other rights and remedies therefore. TENANT EXPRESSLY ACKNOWLEDGES THAT THE ACCEPTANCE BY THE LANDLORD OF ANY LESSER AMOUNT FOR RENT DURING SUCH PERIOD THE TENANT IS A TENANT-AT-SUFFERANCE, SHALL NOT AFFECT LANDLORD'S RIGHT TO THE BALANCE OF THE RENT PROVIDED FOR IN THIS PARAGRAPH AND SHALL NOT BE CONSTRUED AS CREATING AN ACCOUNT STATED BETWEEN LANDLORD AND TENANT AS TO THE AMOUNT OF RENT DUE AND OWING DURING THE HOLDING OVER PERIOD. The foregoing provisions shall not serve as permission for 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) Paragraph are in addition to and Landlord shall have the do not affect LANDLORD's right at of reentry or any time thereafter to enter and possess the Premises and remove all property and persons therefrom rights of LANDLORD hereunder or to require Tenant to surrender possession of the Premises as otherwise provided in this Lease upon the expiration or earlier termination of the Termby law. If Tenant TENANT fails to surrender the Premises upon the expiration or termination of this Leaselease, Tenant agrees to indemnify, defend TENANT shall indemnify and hold LANDLORD harmless Landlord from all costs, loss, expense cost or liabilitydamage (including reasonable attorney fees and court costs), including without limitation, claims any claim made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect Tenant founded on or resulting from such failure to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawsurrender.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions Terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession two hundred percent (200%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a month-to-month basis with addition to and do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) for the first three (3) months of such holdover period, and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession two hundred percent (200%), of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermProject. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite Landlord's written demand to do so (which demand shall include notice to Tenant of a succeeding tenant and the need for Tenant's immediate surrender), Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of rights under this Lease, except when in writing signed by both parties. Tenant shall pay Landlord, monthly and in advance, 150% Any period of time following the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration Expiration Date or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission Lease required for Tenant to hold-over, nor serve remove its property or to extend place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (although Tenant shall remain bound to comply with all provisions 1st) day following the termination of this Lease until and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant vacates to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be one hundred fifty percent (150%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises) and Landlord shall have the right at any time thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant28.1 If, without with Landlord’s prior written consent, hold over Tenant holds possession of all or any part of the Premises after expiration or termination of this Leasethe Term, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable from month to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If , and in such case Tenant fails shall continue to surrender pay (a) Base Rent in accordance with Article 7, and (b) any amounts for which Tenant would otherwise be liable under this Lease if the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liabilityLease were still in effect, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damagespayments for Tenant’s Pro Rata Share of Operating Expenses. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, Any such month-to-month tenancy may shall be cancelled by either party with subject to every other term, covenant and agreement contained herein. 28.2 Notwithstanding the foregoing, if Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without Landlord’s prior written consent, (a) Tenant shall become a tenant at sufferance subject to the terms and conditions of this Lease, except that the monthly rent shall be equal to one hundred fifty percent (150%) of the Rent in effect during the last thirty (30) days’ written notice days of the Term, and (b) Tenant shall be liable to Landlord for any and all damages suffered by Landlord as a result of such holdover, including any lost rent or such lesser time period consequential, special and indirect damages. 28.3 Acceptance by Landlord of Rent after the expiration or earlier termination of the Term shall not result in an extension, renewal or reinstatement of this Lease. 28.4 The foregoing provisions of this Article are in addition to and do not affect Landlord’s right of reentry or any other rights of Landlord hereunder or as may be permitted otherwise provided by lawApplicable Laws.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, [except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession one hundred fifty percent (150%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this or at law.

Holding Over. Should TenantTenant will, without Landlord’s written consent, hold over after expiration or at the termination of this LeaseLease by lapse of time or otherwise, yield up immediate possession to Landlord with all repairs and maintenance required herein to be performed by Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable completed. Should Tenant continue to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of hold the Premises or any part thereof after the expiration or earlier termination of this Lease, or after reentry by Landlord without terminating this Lease, such holding over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance and not a tenancy at will, at monthly installments of Rent equal to: (a) one hundred twenty-five percent (125%) of the monthly portion of Rent in effect as of the date of expiration or earlier termination for the first thirty (30) days of any such holding over; and (b) one hundred fifty percent (150%) of the monthly portion of Rent in effect as of the date of expiration or earlier termination for any holdover period beyond said thirty (30) day period, and subject to all of the other terms, charges and expenses set forth herein except any right to renew this Lease or to expand the Premises or any right to additional services. Tenant shall never have no right to notice under Official Code of Georgia Annotated Section 44-7-7 of the termination of its tenancy. Tenant shall also be liable to Landlord for consequentialall damage which Landlord suffers because of any holding over by Tenant, special and Tenant shall indemnify Landlord against all claims made by any other tenant or other damages and shall be liable only for direct damages suffered or incurred prospective tenant against Landlord resulting from delay by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting delivering possession of the PremisesPremises to such other tenant or prospective tenant. The foregoing provisions No holding over by Tenant, whether with or without consent of Landlord, shall not serve as permission for Tenant to hold-over, nor serve operate to extend the Term (although Tenant shall remain bound to comply with all except as otherwise expressly provided in a written agreement executed by both Landlord and Tenant. The provisions of this Lease until Tenant vacates the Premises) and Landlord Paragraph 16 shall have the right at any time thereafter 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 survive the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by law.

Holding Over. Should Tenant, without Landlord’s written consent, hold Any holding over after the expiration or termination of this Leaselease with the written consent of Landlord shall be construed to be a tenancy from month to month at the monthly rent, Tenant shall become a tenant at sufferanceas adjusted, only upon each and all in effect on the date of such expiration or termination. All provisions of this lease, except those pertaining to the terms herein provided as may be applicable to a tenant at sufferance term and any such holding over option to extend, shall not constitute an extension apply to the month to month tenancy. The provisions of this Leaseparagraph are in addition to, and do not affect, Landlord's right of reentry or other rights hereunder or provided by law. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day If Tenant shall retain possession of the Premises or any part thereof after without Landlord's consent following the expiration or earlier sooner termination of this Leaselease for any reason, then Tenant shall pay to Landlord for each day of such retention one hundred twenty-five percent (125%) of the amount of the daily rental in effect during the last month prior to the date of such expiration or termination. Tenant shall never be liable for consequentialalso indemnify and hold Landlord harmless from any loss, special or other damages liability and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall includeexpense (including, but not be limited to, damages suffered or incurred attorneys fees) resulting from delay by Tenant in connection with any reletting of surrendering the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, limitation any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damagesfounded on such delay. No acceptance Acceptance of rent by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or not constitute a renewal of the Leasethis lease, and nothing contained in this paragraph shall waive Landlord's right of re-entry or any other right. Should Tenant remain in the Premises on shall be only a month-to-month basis with tenant at sufferance, whether or not Landlord accepts any rent from Tenant, while Tenant is holding over without Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ 's written notice or such lesser time period as may be permitted by lawconsent.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord's prior written consent, such holding ------- over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord's prior written ---- consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 16.14 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant's fixture and/or personal property pursuant to Section 9.01 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from and against all costs, loss, expense loss or liabilityliability resulting directly and proximately therefrom, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims any attorneys' fees and attorneys’ fees, except as provided above costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions temps of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession two hundred percent (200%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain in the Premises on a monthThe foregoing provisions of this Section are addition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall ant constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession one hundred seventy-five percent (175%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consentincluding any extension terms thereof, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of rights under this Lease, except when in writing signed by both parties. Tenant shall pay Landlord, monthly and in advance, 150% Any period of time following the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration Expiration Date or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission Lease required for Tenant to hold-over, nor serve remove its property or to extend place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term (although Tenant with or without the prior written consent of Landlord, such possession shall remain bound constitute a tenancy at sufferance only and an Event of Default under this Lease; In either of such events, possession shall be subject to comply with all provisions of the terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be at a daily rate of two hundred percent (200%) and Landlord shall have the right at any time thereafter 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 Basic Rent for the expiration or earlier month immediately preceding the date of termination of the Termdivided by thirty (30). If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a month-to-month basis with addition to and do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should If Tenant should remain in possession of the Leased Premises after the expiration of the Term without execution by Landlord and Tenant of a new lease, then Tenant shall be deemed to be occupying the Leased Premises as a tenant-at-sufferance, subject to all the covenants and obligations of this Lease and at a daily rental of 150% of the per day Base Rent provided hereunder, computed on the basis of a thirty (30) day month. Additionally, Tenant shall pay Landlord for all damages, consequential as well as direct, sustained by Landlord by reason of Tenant, without Landlord’s written consent, hold over 's retention of possession longer than sixty (60) days after the scheduled expiration or termination of the Term. If any property not belonging to Landlord remains at the Leased Premises after the expiration of the Term of this Lease, Tenant shall become a tenant at sufferancehereby authorizes Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the event that such property is the property of Tenant, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% the event that such property is the property of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or someone other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Leasethan Tenant, Tenant agrees to indemnify, defend indemnify and hold Landlord harmless Landlord from all costssuits, actions, liability, loss, expense damages, and expenses in connection with or liabilityincident to any removal, including without limitationexercise or dominion over, claims made and/or disposition of such property by Landlord. The provisions of this Paragraph do not exclude Landlord's right of re-entry or any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by right of Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawhereunder.

Holding Over. Should 37.01 If the Tenant shall continue to occupy and continue to pay Rent for the Leased Premises after the expiration of this Lease with or without the consent of the Landlord, and without any further written agreement, the Tenant shall be a tenant from month to month at a monthly Base Rent equal to one hundred twenty-five percent (125%) of the last full monthly Base Rent payment due hereunder during the first (1st) month of Tenant's holdover, without Landlord’s written consentand (ii) one hundred fifty percent (150%) of the last full monthly Base Rent payment due hereunder during any Tenant's holdover exceeding one (1) month, hold over and subject to all of the additional rentals, charges, terms and conditions herein set out except as to expiration of the Lease Term. 37.02 No payments of money by Tenant to Landlord after expiration or the termination of this Lease, Tenant shall become in any manner, or after giving of any notice (other than a tenant at sufferance, only upon each and all demand for payment of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred money) by Landlord which direct damages to Tenant, shall includereinstate, but not be limited to, damages suffered continue or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions term of this Lease until or affect any notice given to Tenant vacates prior to the Premises) and payment of such money, it being agreed that after the service of notice or the commencement of a suit or other final judgment granting Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession of said premises, Landlord may receive and collect any sums of Rent due, or any other sums of money due under the Premises as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination terms of this Lease, Tenant agrees to indemnifyor otherwise exercise its rights and remedies hereunder. The payment of such sums of money, defend and hold harmless Landlord from all costswhether as rent or otherwise, lossshall not waive said notice, expense or liability, including without limitation, claims made by in any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of manner affect any Rent during pending suit or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawjudgment theretofore obtained.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration In the event that Tenant shall not immediately surrender the Premises to Landlord on the Expiration Date or earlier termination of this Lease, Tenant shall become be deemed to be a month to month tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension provisions of this Lease. Tenant , except the monthly Base Rent shall pay Landlord, be 125% of the monthly Base Rent in effect during the last month of the Term during the first month thereof and in advance, 150% of the annual monthly Base Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% in effect during the 2nd holdover monthlast month of the Term for any period thereafter. Notwithstanding the foregoing, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day if Tenant shall retain hold over after the Expiration Date or earlier termination of this Lease, and Landlord shall desire to regain possession of the Premises immediately, then Landlord may forthwith re-enter and take possession of the Premises. Tenant shall indemnify Landlord against all liabilities and damages sustained by Landlord by reason of such retention of possession, provided Tenant will not be responsible for losses or claims suffered by Landlord on account of any delay in delivery of the Premises or any part thereof after to a successor tenant unless either (i) Landlord notifies Tenant prior to the Lease expiration date that Landlord has entered into a Lease or earlier termination letter of this Lease. intent with a prospective replacement Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by which requires Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of to perform construction within the Premises. The foregoing provisions shall not serve as permission for , or otherwise tender possession thereof to a new tenant, promptly after the Lease expiration date, and 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 thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant still fails to surrender possession of the Premises as provided in this on or before the Lease upon the expiration date, or earlier termination of the Term. If (ii) Tenant fails to surrender vacate the Premises upon promptly after Landlord notifies Tenant that it requires possession of the Premises in order to deliver possession thereof to a replacement tenant to the extent such notice is given after the scheduled Lease expiration date or in connection with any other permitted termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by law.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, Landlord for each day Tenant shall retain retains possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, by lapse of time or otherwise, or of Tenant's right to possession of the Premises, an amount which is 150% of the amount of Base Rent and Rent Adjustments on a per diem basis based upon the annual rate of Base Rent set forth in Section 3.1 and on Rent Adjustments provided for in Article 4 for the period in which such possession occurs, calculated as though such period were within the Term (collectively "Holdover Rent"), and Tenant agrees shall also pay all damages, consequential as well as direct, sustained by Landlord by reason of such retention. In the alternative, if Landlord gives written notice to indemnifyTenant of Landlord's election thereof, defend such holding over shall, at Landlord's election, constitute either (a) tenancy at sufferance under the terms and hold harmless Landlord from all costs, loss, expense conditions of this Lease except that Holdover Rent shall apply or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages(b) renewal of this Lease for one year at the annual rate which would have been in effect for such additional year if the Term had included such additional year. No acceptance Acceptance by Landlord of any Rent during or for any period following rent after such termination shall not of itself constitute either the expiration or termination creation of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on such a month-to-month basis with tenancy or a renewal, and Tenant hereby waives the benefit of Section 1945 of the California Civil Code (pertaining to renewal of a lease by acceptance of rent). Nothing contained in this Article 9 shall be construed or shall operate as a waiver of Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice 's right of reentry or such lesser time period as may be permitted by lawany other right or remedy of Landlord.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission total monthly rental for Tenant the month immediately preceding the date of termination, subject to hold-over, nor serve Landlord's right to extend the Term modify same upon thirty (although Tenant shall remain bound 30) days notice to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter 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 TermTenant. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect that has a signed lease for all or a portion of the Premises relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord’s prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord’s prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant’s fixture and/or personal property pursuant to Section 9.1 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord for, from and against all costsclaims, lossdamages, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims and any attorneys’ fees, except as provided above fees and costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consentor any of its successors in interest, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after the expiration or earlier termination of this Lease. Tenant Lease without Landlord's prior written consent, such holding over shall never constitute and be liable for consequentialconstrued as tenancy at sufferance only, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting at a monthly rent equal to one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend Base Rent owed during the final month of the Term (although Tenant shall remain bound to comply with all provisions of this Lease until Tenant vacates and otherwise upon the Premises) terms and Landlord shall have conditions in the right at Lease, so far as applicable. Should Tenant, or any time thereafter to enter and possess of its successors in interest, hold over 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 any part thereof after the expiration or earlier termination of this Lease with Landlord's prior written consent, such holding over shall constitute and be construed as a tenancy from month to month only, at a fair market monthly rent as agreed by Landlord and Tenant and otherwise upon the Termterms and conditions of this Lease, so far as applicable. The acceptance by Landlord of Rent after such expiration or early termination shall not result in a renewal or extension of this Lease. The foregoing provisions of this Section 17.14 are in addition to and do not affect Landlord's right of re-entry or any other rights of Landlord hereunder or as otherwise provided by law. If Tenant fails to surrender the Premises upon on the expiration or termination of this LeaseLease and/or to remove all Tenant's fixture and/or personal property pursuant to Section 9.01 hereof, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord for, from and against all costsclaims, lossdamages, expense loss or liability, including without limitation, claims any claim made by any succeeding tenant resulting from such failure to surrender by Tenant and real estate brokers’ claims any attorneys' fees and attorneys’ fees, except as provided above costs incurred by Landlord with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawclaim.

Holding Over. Should Tenant, without Landlord’s written consent, hold 26.1 Any holding over after the expiration or other termination of this Lease, the Lease Term without the express written consent of Landlord delivered to Tenant shall become be construed to be a tenant tenancy at sufferance, only upon each and all . Any holding over after the expiration or other termination of the terms herein provided as may be applicable Lease Term with the express written consent of Landlord delivered to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordbe construed to be a tenancy from month to month only, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages on all the terms set forth herein, except that the monthly Base Rent shall include, but not be limited to, damages suffered or incurred in connection with any reletting an amount equal to the greater of: (a) one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission then current fair market monthly rental value for 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 thereafter 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 reasonably determined by Landlord, or earlier termination (b) one hundred fifty percent (150%) of the Termmonthly Base Rent payable for the last full month of the Lease Term (without giving consideration to any period of abatement arising as a result of the occurrence of any casualty or for any other reason). If Tenant fails to surrender the Premises upon Acceptance by Landlord of any rent after the expiration or termination of this LeaseLease shall not constitute a consent by Landlord to any such tenancy from month to month or result in any other tenancy or any renewal of the Lease Term. The provisions of this section are in addition to, and do not affect, Xxxxxxxx's right to re-entry or other rights hereunder or provided by law. 26.2 Tenant agrees to shall indemnify, defend and hold Landlord harmless Landlord from and against all costsclaims, lossdemands, expense or liabilityliabilities, including damages, losses, costs and expenses, including, without limitation, claims made attorneys' fees, incurred by or asserted against Landlord and arising directly or indirectly from Tenant's failure to timely surrender the Premises, including but not limited to (i) any rent payable by or any loss, cost, or damages, including lost profits, claimed by any succeeding prospective tenant of the Premises or any portion thereof, and real estate brokers’ claims and attorneys’ fees(ii) Landlord's damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of the Premises or any portion thereof by reason of such failure to timely surrender the Premises; provided, except however, as provided above with respect a condition to damages Tenant’s obligations under this section 26.2, Landlord shall give Tenant written notice of the existence of a prospective successor tenant for the Premises or any portion thereof, or the existence of any other than direct damages. No acceptance matter which might give rise to a claim by Landlord of any Rent during or for any period following under the expiration or termination foregoing indemnity, at least ten (10) days prior to the date Landlord shall require Xxxxxx’s surrender of the Lease Premises, and Tenant shall operate or not be construed as an extension or renewal of responsible to Landlord under the Lease. Should foregoing indemnity if Tenant remain in shall surrender the Premises on a month-to-month basis with Landlord’s approvalor prior to the expiration of such ten (10) day period (it being agreed, however, that Landlord need not identify the prospective tenant by name in its notice, and it being further agreed that such month-to-month tenancy notice may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawgiven prior to the scheduled expiration date of this Lease).

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of(a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession one hundred fifty, percent (150%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession one hundred seventy-five percent (175%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermProject. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend and hold harmless Landlord from shall be liable in damages for all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantIf Tenant shall holdover after the expiration of the Term, without or any renewal or extensions hereof, with the prior written consent of Landlord’s written consent, hold over after expiration or termination such tenancy shall be from month to month only, and not a renewal hereof; and Tenant agrees to pay monthly installments of Base Rent at 120% the rate of the monthly installments of Base Rent due for the last full month of the Term, and also to comply with all covenants of this LeaseLease for the time Tenant holds over. Tenant shall be entitled to possession until Landlord has given Tenant seven (7) days notice that such month to month tenancy shall be terminated, so long as Tenant is not in default. In the event Tenant remains in possession of the Premises after the expiration of the Term, or any renewal or extensions hereof without the express written consent of Landlord, (a) Tenant shall become a tenant at sufferance, only sufferance upon each and all the terms of this Lease except that Tenant shall then be obligated to pay monthly installments of Base Rent at 120% the rate of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension monthly installments of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% Base Rent due for the last full month of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, Term for each day Tenant shall retain so long as Landlord is kept out of possession of the Premises and (b) Tenant shall be responsible for all damages suffered by Landlord resulting from or any part occasioned by Tenant’s holding over, including consequential damages. No such payment of Rent, nor the acceptance thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration Lease shall result in a renewal, extension or termination reinstatement of this Lease, or shall in any way constitute a waiver of the rights of Landlord to re-enter the Premises or to dispossess Tenant agrees and recover possession of the Premises and the just and former estate of Landlord and to indemnify, defend and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by bring any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to action for damages other than direct damages. No acceptance suffered by Landlord on account of any Rent during or for any period following Tenant’s failure to vacate the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawPremises.

Holding Over. Should TenantIf Tenant continues to occupy the Original Premises after the Original Premises Vacation Date (as defined in Section I above), without Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all occupancy of the terms herein provided as may Original Premises subsequent to the Original Premises Vacation Date shall be applicable to that of a tenant tenancy at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, no event for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord’s approval, such monthor year-to-year, but Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of the Lease and shall pay for its use and occupancy an amount (on a per month tenancy basis without reduction for any partial months during any such holdover) equal to three times the sum of the Base Rent and Additional Rent due for the period immediately preceding such holding over, provided that in no event shall Base Rent and Additional Rent during the holdover period be less than the fair market rental for the Original Premises. No holding over by Tenant in the Original Premises or payments of money by Tenant to Landlord after the Original Premises Vacation Date shall be construed to prevent Landlord from recovery of immediate possession of the Original Premises by summary proceedings or otherwise. In addition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall be liable to Landlord for all damage, including any consequential damage, which Landlord may be cancelled suffer by either party with thirty (30) days’ written notice reason of any holding over by Tenant in the Original Premises, and Tenant shall indemnify Landlord against any and all claims made by any other tenant or prospective tenant against Landlord for delay by Landlord in delivering possession of the Original Premises to such lesser time period as may be permitted by lawother tenant or prospective tenant.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, A. If Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall does not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of surrender the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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 TermLease, and holds over with Landlord's express written consent, then Tenant shall become a Tenant from month to month and it is agreed that the tenancy thus created can be terminated by either party giving the other not less than thirty (30) days written notice to expire on the day of the month from which the tenancy commenced to run. Tenant agrees to pay Monthly Rent equal to the then fully escalated Base Rent, including all Additional Rent during the holdover period and to keep and fulfill all the other covenants, conditions and agreements herein, and in case of default in the payment of rent or breach of any said covenants, conditions and agreements, Tenant hereby waives Tenant's right to a notice to quit. B. If Tenant fails to does not immediately surrender the Premises upon the expiration or termination of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or earlier termination of the Lease Lease, and holds over without Landlord's express written consent, then Tenant shall operate or become a Tenant at sufferance and the rent shall be construed as an extension or renewal increased to equal the greater of the Lease. Should Tenant remain in (i) fair market rent for the Premises or (ii) double the then Base Rent, Additional Rent, and other sums that would have been payable pursuant to this Lease if the Lease had continued during such holdover period. In addition, Tenant shall be liable for any and all damages sustained by Landlord as a result of Tenant's holding over. C. All amounts payable to Landlord during the holdover period shall be paid on a month-to-the first day of each calendar month basis with during the holdover period until the Premises have been vacated. Landlord’s approval, 's acceptance of such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawrent shall not in any manner adversely affect Landlord's other rights and remedies including Landlord's right to evict Tenant and to recover damages.

Holding Over. Should TenantIf Tenant possesses the Premises after the Term expires or this Lease is otherwise terminated without executing a new lease but with Landlord’s written consent, Tenant is deemed to be occupying the Premises as a tenant from month-to-month, subject to all provisions, conditions and obligations of this Lease applicable to a month-to-month tenancy and any other reasonable conditions of Landlord’s consent, except that (a) Basic Rent will equal the greater of Basic Rent payable by Tenant in the last year of the Term or Landlord’s then current basic rent for the Premises according to Landlord’s rental rate schedule for prospective tenants, and (b) either Landlord or Tenant may terminate the month-to-month tenancy at any time upon thirty (30) days prior written notice to the other party. If Tenant possesses the Premises after the Term expires or this Lease is otherwise terminated without executing a new lease and without Landlord’s written consent, hold over after expiration or termination Tenant is deemed to be occupying the Premises without claim of right (but subject to all terms and conditions of this Lease) and, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable in addition to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, Tenant’s liability for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant failing to surrender possession of the Premises as provided in this Lease upon the Section 16.1, Tenant will pay Landlord a charge for each day of occupancy after expiration or earlier termination of the Term. If Tenant fails Term in an amount equal to surrender the Premises upon the expiration or termination 150% of this Lease, 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 real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Tenant’s then-existing Basic Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises (on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawmonthly basis).

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable have no legal right to a tenant at sufferance and any such holding holdover. If Tenant holds over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of the term of this Lease, such holding over shall, at Landlord’s option, constitute a month-to-month tenancy, at a rent equal to one hundred twenty-five percent (125%) of the Minimum Monthly Rent in effect immediately prior to such holding over and shall otherwise be on all the other terms and conditions of this Lease. Tenant Landlord’s acceptance of any payment provided hereunder shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve construed as Landlord’s permission for Tenant to holdhold over. Acceptance of rent by Landlord following expiration or termination shall not constitute a 32730.018 - 276230.10 4836-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions 3652-8809v15/100382-1012 renewal of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession extension of the Premises Lease term except as provided in this Lease upon the expiration or earlier termination of the Termspecifically set forth above. If Tenant fails to surrender the Premises upon the expiration or earlier termination of this Lease, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from and against all costsloss or liability resulting or arising out of Tenant’s failure to surrender the Premises, lossincluding, expense but not limited to, any amounts required to be paid to any tenant or liability, including without limitation, claims made by any succeeding prospective tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect who was to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following have occupied the Premises after the expiration or earlier termination of the this Lease shall operate or be construed as an extension or renewal of the Lease. Should (and about whom Tenant remain in the Premises on a month-to-month basis with Landlordis notified) and any related attorney’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice or such lesser time period as may be permitted by lawfees and brokerage commissions.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of rights under this Lease, except when in writing signed by both parties. Tenant shall pay Landlord, monthly and in advance, 150% Any period of time following the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration Expiration Date or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission Lease required for Tenant to hold-over, nor serve remove its property or to extend place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written content of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (although Tenant shall remain bound to comply with all provisions 1st) day following the termination of this Lease until and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant vacates to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that the monthly Basic Rent shall be one hundred fifty percent (150%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination or (b) the fair market rental for the Premises) and Landlord shall have the right at any time thereafter 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. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant12.1. If, without with Landlord’s express written consent, hold over after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain holds possession of the Premises all or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter to enter and possess the Demised Premises and remove all property and persons therefrom or to require Tenant to surrender possession of the Premises as provided in this Lease upon after the expiration or earlier termination of the Term. If , Tenant fails shall become a tenant from month-to-month upon the date of such expiration or earlier termination, and in such case Tenant shall continue to surrender pay Rent in the Premises amount of 125% of the Rent payable upon the date of the expiration or earlier termination of this Lease, Tenant agrees and all other provisions, representations, covenants, and agreements contained herein, other than with respect to indemnifythe Term and any extension thereof, defend and hold harmless Landlord from all costsbut specifically including, loss, expense or liability, including without limitation, claims made by any succeeding tenant the adjustment of the Annual Base Rent and real estate brokers’ claims Improvement Rent pursuant to Article 5, shall remain in full force and attorneys’ feeseffect. 12.2. Notwithstanding the foregoing, except as provided above with respect to damages other than direct damages. No acceptance by Landlord if Tenant remains in possession of any Rent during or for any period following the Demised Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall operate or be construed as an extension or renewal equal to two hundred percent (200%) of the Lease. Should Tenant remain Rent in effect during the Premises on a month-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with last thirty (30) days’ written notice days of the Term and Tenant shall be responsible for any and all damages which Landlord may suffer as a result of Tenant’s holding over. 12.3. Acceptance by Landlord of Rent after such expiration or such lesser time period earlier termination of the Term shall not result in a renewal or reinstatement of this Lease. 12.4. The foregoing provisions of this Article 12 are in addition to and do not affect Landlord’s right to re-entry or any other rights of Landlord hereunder or as may be permitted otherwise provided by law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided as may be applicable to Term without the prior written consent of Landlord, such possession shall constitute a tenant tenancy at sufferance and any only; such holding over with the prior written consent of Landlord shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of a month-to-month tenancy commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequentialIn either of such events, special or other damages and possession shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting subject to all of the Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Term (although Tenant shall remain bound to comply with all provisions terms of this Lease until Tenant vacates Lease, except that the Premisesmonthly Basic Rent shall be the greater of (a) and Landlord shall have the right at any time thereafter to enter and possess the Premises and remove all property and persons therefrom or to require Tenant to surrender possession one hundred seventy-five percent (175%) of the Premises as provided Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in this Lease upon the expiration or earlier termination of the TermBuilding. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect relating to damages other than direct damagessuch failure to surrender. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should TenantThis Lease shall terminate without further notice upon the expiration of the Term, without Landlord’s written consent, hold and any holding over by Tenant after the expiration shall not constitute a renewal or termination extension of this Lease, or give Tenant shall become a tenant at sufferanceany rights under this Lease, only upon each and all except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the terms herein provided Term, Landlord may, at its option, treat Tenant as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlordonly, monthly and in advance, 150% of commencing on the annual Rent that was payable immediately preceding first (1st) day following the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. However, should Landlord accept the payment of monthly hold-over rent by Tenant, then a month-to-month tenancy shall be deemed effected and neither party shall terminate this Lease without thirty (30) days prior written notice to the other party. Any hold-over by Tenant shall never be liable for consequentialsubject to all of the terms of this Lease, special or other damages and except that the monthly rental shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting one hundred fifty percent (150%) of the Premises. The foregoing provisions shall not serve as permission total monthly rental for Tenant the month immediately preceding the date of termination, subject to hold-over, nor serve Landlord's right to extend the Term modify same upon thirty (although Tenant shall remain bound 30) days notice to comply with all provisions of this Lease until Tenant vacates the Premises) and Landlord shall have the right at any time thereafter 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 TermTenant. If Tenant fails to surrender the Premises upon the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ feesrelating to such failure to surrender, except as provided above with respect to damages other than direct damagesthat Tenant was notified of the existence of such succeeding tenant. No acceptance Acceptance by Landlord of any Rent during rent after the termination shall not constitute a consent to a holdover or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or result in a renewal of the this Lease. Should Tenant remain The foregoing provisions of this Section are in the Premises on a monthaddition to and do not affect Landlord's right of re-to-month basis with Landlord’s approval, such month-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consent, hold If Tenant holds over for any period after expiration or termination of this Lease, Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month Expiration Date (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for 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 thereafter 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, such tenancy shall constitute a tenancy at sufferance only and a Default by Tenant; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the 1st day following the termination of this Lease and terminating 30 days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such events, possession shall be subject to all of the terms of this Lease, except that for the first 60 days of such holdover, the monthly rental shall be 150% of the total monthly rental for the month immediately preceding the date of termination. Thereafter, such monthly rental rate shall be subject to Landlord’s right to modify same upon 30 days’ notice to Tenant. The acceptance by Landlord of monthly hold-over rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon following the expiration or termination of this LeaseLease despite demand to do so by Landlord, Tenant agrees to indemnify, defend shall indemnify and hold Landlord harmless Landlord from all costs, loss, expense loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. The foregoing provisions of this Section 15.1 are in addition to and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with do not affect Landlord’s approval, such monthright of re-to-month tenancy may be cancelled by either party with thirty (30) days’ written notice entry or such lesser time period as may be permitted by any other rights of Landlord under this Lease or at law.

Holding Over. Should Tenant, without Landlord’s written consent, hold over after expiration or termination of this Lease, If Tenant shall become a tenant at sufferance, only upon each and all of the terms herein provided as may be applicable to a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, escalating 10% per month (i.e., 160% during the 2nd holdover month, 170% during the 3rd holdover month, etc.), prorated on a per diem basis, for each day Tenant shall retain retains possession of the Premises after the end of the Term or any part thereof after expiration or earlier termination of this Lease. Tenant shall never be liable for consequential, special or other damages and shall be liable only for direct damages suffered or incurred by Landlord which direct damages shall include, but not be limited to, damages suffered or incurred in connection with any reletting of the Premises. The foregoing provisions shall not serve as permission for Tenant Tenant’s right 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 thereafter 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 (it being agreed that Tenant’s failure to timely remove all Tenant’s Property and all the expiration or earlier termination Required Removables from the Premises shall also be considered a retention of the Term. If Tenant fails to surrender the Premises upon the expiration by Tenant), then such retention of possession shall be considered a tenancy “at will” or termination of this Lease, Tenant agrees to indemnify, defend “sufferance” (and hold harmless Landlord from all costs, loss, expense or liability, including without limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees, except as provided above with respect to damages other than direct damages. No acceptance by Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on not a month-to-month tenancy), and Tenant shall pay Rent for such holding over in an amount equal to 150% of the monthly Rent in effect immediately preceding such holding over computed on a monthly basis with Landlordfor each month or partial month that Tenant remains in possession. In addition to the payment of the amounts provided above, if Landlord is unable to timely deliver possession of the Premises to a new tenant as a result of Tenant’s approvalholdover then Tenant shall be liable to Landlord for all damages, including, without limitation, consequential damages that Landlord suffers from the holdover. In addition, at any time while Tenant remains in possession, Landlord may elect instead, by written notice to Tenant and not otherwise, to have such retention of possession constitute a renewal of this Lease for a month-to-month tenancy may at the fair market rent for the Premises as reasonably determined by Landlord, but in no event less than the Rent payable immediately prior to such holding over. The provisions of this Section do not waive Landlord’s right of re-entry or right to regain possession by actions at Law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be cancelled deemed a consent by either party with thirty (30) days’ written notice Landlord to Tenant’s remaining in possession or such lesser time period be construed as may be permitted by lawcreating or renewing any lease or right of tenancy between Landlord and Tenant.