Common use of Holding Over Clause in Contracts

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.

Holding Over. In addition to performing 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 Tenant’s other obligations hereunderthe 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, if 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 retains shall retain possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term or earlier termination of this Lease. Tenant shall never be liable for consequential, during the first thirty (30) days of such holdover 150% 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 Base Rent and Premises. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the Adjustment Amount payable under the terms Term (although Tenant shall remain bound to comply with all provisions of this Lease for until Tenant vacates the Premises) and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right at any time thereafter to commence eviction proceedings against enter and possess the Premises and remove all property and persons therefrom or to require Tenant immediately to surrender possession of the Premises as provided in this Lease upon any holding over by the expiration or earlier termination of the Term. If Tenant in fails to surrender the Premises. In additionPremises upon the expiration or termination of this Lease, Tenant shall agrees to indemnify, defend and hold harmless Landlord harmless from and against any all costs, loss, cost expense or damages (includingliability, including without limitation reasonable limitation, claims made by any succeeding tenant and real estate brokers’ claims and attorneys’ fees) which , except as provided above with respect to damages other than direct damages. No acceptance by Landlord may suffer by reason 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 holdover month-to-month tenancy may be cancelled by Tenant for a period of longer than either party with thirty (30) days. The provisions of this ARTICLE 19 shall not ’ written notice or such lesser time period as may be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at permitted by law.

Holding Over. In addition Without Landlord’s prior written consent, Tenant may not occupy or retain, or allow any subtenant to performing all of Tenant’s other obligations hereunderoccupy or retain, if Tenant retains possession of the Premises or at any part thereof time after the expiration Term ends. If without Landlord’s prior written consent Tenant holds over after the Term ends, Landlord may regain possession of the Premises by any legal process in force at such time. It will be conclusively presumed that the value to Tenant of remaining in possession of the Premises after the Term ends, and the loss or damage that Landlord may suffer as a result thereof, far exceed the Rent Tenant would have paid had the Term continued during the holdover period. If Tenant continues to occupy the Premises after the Term ends, then Tenant will be liable to pay to Landlord an amount equal to One Hundred Fifty Percent (150%) of the monthly installments of Base Rent being paid immediately before the Lease Expiration Date, plus escalations, Additional Rent, and any other charges paid on an installment basis, for each month or part of a month that Tenant occupies the Premises after the date the Term ends, plus any other Additional Rent or charges due, reasonable attorneys’ fees, and all court costs Landlord incurs in regaining possession of the Premises and/or to recover the foregoing amounts. Such damages for the first calendar month (or part thereof) during the holdover period will be due and payable on the day immediately following the end of the Term, and for each calendar month thereafter during the holdover period, such holding over shall damages will be due and payable on the terms and conditions first day of such calendar month. If the holdover period ends on a date other than the last day of a calendar month, such damages for the entire calendar month in which the holdover period ends will be deemed earned by Landlord as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days day of such holdover 150% month, and Tenant will not be entitled to a refund or reduction of the Base Rent and the Adjustment Amount payable under for any such partial month. Any security deposit provided to Landlord pursuant to the terms of this Lease for and with respect will be forfeited. Holdover occupancy by Tenant will be subject to the last full calendar month immediately prior to the expiration all of the Term terms, agreements, and after such initial thirty conditions of this Lease. Tenant acknowledges and agrees that Landlord intends to lease the Premises (30) day period for each calendar month in whole, in part, or portion thereof during which such holdover continues, as a part of a larger portion of the Building) to another tenant immediately after the Term ends and that any breach or other violation of the provisions of this Section 26.2 may result in material damages to Landlord (including any damages to Landlord in connection with its reletting of the Premises and/or other portions of the Building). Tenant will indemnify, hold harmless, and defend Landlord from all damages, losses, and costs (including reasonable attorneys’ fees and all court costs) that Landlord suffers as a result of Tenant’s holdover use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to 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 (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 either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that for and with respect to the last full calendar initial two (2) months of holdover the monthly Basic Rent shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately prior preceding the date of termination, and thereafter the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains holds possession of the Premises Property or any part portion thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this LeaseLease WITH Landlord's written consent, during then except as otherwise specified in such consent, Tenant shall become a tenant from month to month at one hundred twenty-five percent (125%) of the first rental and otherwise upon the terms herein specified for the period immediately prior to such holding over and shall continue in such status until the tenancy is terminated by either party upon not less than thirty (30) days of such holdover 150% prior written notice. If Tenant holds possession of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month Property or any portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during after the term of this LeaseLease WITHOUT Landlord's written consent, an amount equal then Landlord in its sole discretion may elect (by written notice to Tenant) to have Tenant become a tenant either from month to month or at will, at one hundred fifty percent (150% %) of the higher of rental (xprorated on a daily basis for an at-will tenancy, if applicable) the Base Rent and the Adjustment Amount payable under otherwise upon the terms of this Lease herein specified for the period immediately prior to such holding over, or may elect to pursue any and all legal remedies available to Landlord under applicable law with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any such unconsented holding over by Tenant in the PremisesTenant. In addition, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against any loss, damage, claim, liability, cost or damages expense (including, without limitation including reasonable attorneys’ ' fees) which Landlord may suffer resulting from any delay by Tenant in surrendering the Property or any portion thereof, including but not limited to any claims made by a succeeding tenant by reason of such delay; PROVIDED, however, that the indemnification and hold harmless obligation set forth in this sentence shall not apply with respect to any holdover period to which Landlord has consented in writing, except to the extent either (i) Tenant fails to vacate and surrender the Premises by the end of the holdover period to which Landlord has thus consented, or (ii) Landlord advised Tenant in writing of Landlord's anticipated damages from Tenant's holding over at the time Landlord granted its written consent to such holdover holding over. Acceptance of rent by Tenant for a period of longer than thirty (30) days. The provisions Landlord following expiration or termination of this ARTICLE 19 Lease shall not be deemed to limit or constitute a waiver renewal of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing If Tenant, with or without Landlord’s consent, remains in possession of all of Tenant’s other obligations hereunder, if Tenant retains possession or any part of the Premises after the expiration or any part thereof earlier termination of the Term of this Lease, such occupancy shall be a tenancy from month to month, only, upon all of the provisions of this Lease pertaining to the obligations of Tenant, except for Base Rent. If Tenant holds over after the expiration or earlier termination of the Term of this Lease for thirty (30) days or less, then for such thirty (30) day hold-over period (or portion thereof) Tenant shall pay monthly Base Rent in advance in an amount equal to one hundred twenty-five percent (125%) of monthly Base Rent payable immediately preceding the expiration of the Term, such holding . If Tenant holds over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first more than thirty (30) days of such holdover 150% after the expiration or earlier termination of the Term of this Lease, then for such hold-over period beginning on the thirty-first (31st) day after the expiration or earlier termination of the Term of this Lease, Tenant shall pay monthly Base Rent and the Adjustment Amount in advance in an amount equal to one hundred fifty percent (150%) of monthly Base Rent payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to preceding the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid Nothing contained in this Section 25 shall be prorated for partial months on a per diem basis. Notwithstanding anything construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Section 25 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease and Landlord provides Tenant with at least fifteen (15) business days prior written notice that Landlord has a signed proposal or lease from a succeeding tenant to lease the Premises, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding Tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. In addition If Tenant fails to performing all of Tenant’s other obligations hereunder, if Tenant retains deliver possession of the Premises or any part thereof on the Termination Date, but holds over after the expiration or earlier termination of this Lease without the Termexpress prior written consent of Landlord, such holding over tenancy shall be construed as a tenancy at sufferance on the same terms and conditions as set forth in this Lease, as far as applicableare contained herein, except that the Fixed Monthly Rent payable by Tenant during such period of holding over shall pay, automatically increase as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Termination Date to an amount equal to one hundred fifty percent (150%) of the Fixed Monthly Rent and payable by Tenant for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration date when Tenant commences such holding over (the “Holdover Rent”). During any period of holding over Tenant shall be obligated to pay Holdover Rent for a full calendar month whether or not Tenant remains in possession of the Term and after such initial thirty (30) day period Premises for each the entire calendar month and there shall be no pro-rata apportionment of Holdover Rent. Tenant’s payment of such Holdover Rent, and Landlord’s acceptance thereof, shall not constitute a waiver by Landlord of any of Landlord’s rights or portion thereof during which such holdover continues, as a use and occupancy charge remedies with respect toto such holding over, nor shall it be deemed to be a consent by Landlord to Tenant’s continued occupancy or possession of the Premises past the time period covered by Tenant’s payment of the Holdover Rent. Furthermore, if Tenant fails to deliver possession of the Premises to Landlord upon the expiration or earlier termination of this Lease, and Landlord has theretofore notified Tenant in writing that Landlord requires possession of the Premises for a succeeding tenant, then, in addition to all any other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal liabilities to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionaccruing therefrom, Tenant shall indemnifyprotect, defend defend, indemnify and hold Landlord harmless from and against any all loss, cost or damages costs (including, without limitation including reasonable attorneys’ feesfees and expenses) which and liability resulting from such failure, including without limiting the foregoing, any claims made by any succeeding tenant arising out of Tenant’s failure to so surrender, and any lost profits to Landlord may suffer by reason of any such holdover by Tenant resulting therefrom. Notwithstanding the provisions contained hereinabove regarding Tenant’s liability for a period continuing holdover, Landlord agrees to use commercially reasonable efforts to insert into any future lease of longer than thirty (30) days. The another tenant proposing to occupy the Premises provisions similar to those contained in Section 2.1, permitting mitigation of this ARTICLE 19 shall not be deemed to limit or constitute a waiver Tenant’s damages arising out of any other rights or remedies of Landlord provided herein or at lawTenant’s temporary holdover.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term hereof, with or without the express or implied consent of Landlord, such holding over tenancy shall be on from month-to-month only, and shall not constitute a renewal hereof or an extension for any further terms, and in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the terms and conditions as Base Rent applicable during the last rental period of the Lease Term under this Lease. Notwithstanding anything set forth in this LeaseArticle 16 to the contrary, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect toshall, in addition the event Tenant has not exercised any extension option, have the one-time right to all other charges extend the initial Term of the Lease for which Tenant would be liable hereunder if it were occupying during a period of up to three (3) months (“Temporary Extension Term”) by delivering written notice of the term exercise of this Lease, during the first thirty such right at least one hundred eighty (30180) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the initial Lease Term, which notice shall specify the period of the Temporary Extension Term Tenant shall select (which period shall be not less than one (1) month nor more than three (3) months), and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesprovided that, as a use at Landlord’s option, and occupancy charge with respect to, in addition to all other charges for which remedies available to Landlord under this Lease, at law or in equity, Tenant would be liable hereunder if it were occupying is not in default under this Lease (after expiration of any applicable notice and cure period) as of the date Tenant delivers such notice to Landlord or the commencement of the Temporary Extension Term. If Tenant timely exercises such renewal right, all of the terms and conditions of this Lease shall apply during the term Temporary Extension Term except that the monthly Base Rent payable by Tenant for such Temporary Extension Term shall be equal to one hundred twenty-five percent (125%) of the Base Rent payable during the last rental period under this Lease (in addition to Tenant’s other monetary obligations under this Lease). Any month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord hereby expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the expiration or other termination of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 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. Except with respect to Tenant’s occupancy of the Premises during the Temporary Extension Term, if Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender, and any lost profits to Landlord resulting therefrom.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If the Tenant retains holds over possession of the Premises Leased Property or any part thereof after beyond the expiration Expiration Date or sooner termination of the Termthis Lease, such holding over shall not be on deemed to extend the terms Term or renew this Lease but such holding over shall continue upon the terms, covenants and conditions of this Lease as set forth in this Lease, as far as applicable, a tenant at will except that the Tenant shall pay, as a agrees that the charge for use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration applicable portion of the Term and after such initial thirty (30) day period Leased Property for each calendar month or portion thereof that the Tenant holds over shall be a liquidated amount equal to one-twelfth (1/12th) of 1.5 times the Basic Rent and Supplemental Rent required to be paid by the Tenant for such portion of the Leased Property during the calendar year preceding the Expiration Date or sooner termination of this Lease multiplied by a fraction, the numerator of which shall be the number of days of such month during which the Tenant was in possession of such holdover continuesportion of the Leased Property and the denominator of which shall be the total number of days of such month. The parties recognize and agree that the damage to the Landlord resulting from any failure by the Tenant to timely surrender possession of the Leased Property will be extremely substantial, as a will exceed the amount of the monthly Basic Rent and Supplemental Rent payable hereunder and will be impossible to accurately measure. If the Leased Property is not surrendered upon the Expiration Date or sooner termination of this Lease, in addition to the use and occupancy charge with respect toset forth above, the Tenant shall indemnify and hold harmless the Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in addition this Lease shall be construed as a consent by the Landlord to all other charges for which the occupancy or possession by the Tenant would be liable hereunder if it were occupying during of the term Leased Property beyond the Expiration Date or sooner termination of this Lease, an amount equal and the Landlord, upon said Expiration Date or sooner termination of this Lease, or at any time thereafter (and notwithstanding that the Landlord may accept from the Tenant one or more payments called for by this Section 14.1), shall be entitled to 150% the benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the immediate repossession of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysLeased Property. The provisions of this ARTICLE 19 Article shall not be deemed survive the Expiration Date or sooner termination of this Lease. Nothing in this Article 14 shall limit, negate or otherwise affect the Tenant's right to limit or constitute a waiver purchase the Leased Property in accordance with the terms of any other rights or remedies of Landlord provided herein or at lawArticle 15.

Holding Over. In addition the event of holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to performing all occupy the Premises after the termination of Tenant’s other obligations hereunderright of possession pursuant to Section 23.A(3) hereof, if Tenant retains possession occupancy of the Premises subsequent to such termination or expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year. 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 (on a per month basis without reduction for any part thereof partial months during any such holdover) equal to one hundred fifty percent (or 150%) of the Base Rent and Additional Rent which would have been applicable had the Lease Term continued through the period of such holding over by Tenant. No holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Term, such holding over Lease Term shall be on construed to extend the terms and conditions as 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 in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying above during the term of this Lease, during the first thirty (30) days of any such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionperiod, Tenant shall indemnifyalso be liable to Landlord for all damages, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) limitation, any consequential damages, which Landlord may suffer by reason of any such holdover holding over by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 and Tenant shall not be deemed to limit or constitute a waiver of also indemnify Landlord against any and all claims made by any other rights tenant or remedies prospective tenant against Landlord for delay by Landlord in delivering possession of Landlord provided herein the Premises to such other tenant or at lawprospective tenant.

Holding Over. In addition to performing all If Tenant (directly or through any successor-in-interest of Tenant’s other obligations hereunder, if Tenant retains ) remains in possession of all or any portion of the Premises or any part thereof after the expiration or termination of this Lease without the Termwritten consent of Landlord, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant’s holding over shall be one hundred fifty percent (150%) of the Monthly Base Rent and Additional Charges payable in the last full month prior to the termination or expiration of this Lease (subject to a 3% increase on each anniversary of the terms and conditions as set forth in this LeaseBuilding 2 Commencement Date occurring after such holding over begins). In addition to Rent, as far as applicable, except that Tenant shall pay, as pay Landlord for all damages proximately caused by reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after the termination of this Lease shall not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal of this Lease, during and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or any other right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the first thirty (30) days of such holdover 150% Premises, Landlord is relying on Tenant’s vacation of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the TermExpiration Date. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionAccordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by any prospective tenant of all or any part of the Premises, and (including, without limitation reasonable attorneys’ feesii) which Landlord may suffer Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of any such holdover by failure of Tenant to timely surrender the Premises. Upon written request from Tenant received during the last three (3) months of the Lease, Landlord shall advise Tenant whether a new lease, or a letter of intent for a period new lease, has been entered into for any portion of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Premises.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to 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 (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 either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for and with respect to the last full calendar month immediately prior preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains remains in possession of the Premises or any part thereof after the expiration of the Termterm hereof with the express written consent of Landlord, such holding over the person or party remaining in possession shall be on deemed to be a tenant at sufferance, and during any such holdover the terms Rent payable under this Lease by such tenant at sufferance shall be twice the last monthly Base Rent and conditions as set forth in this LeaseAdditional Rent together, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to plus all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leasepayable hereunder, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under upon all the terms of this Lease for hereof applicable to a month-to-month tenancy. Tenant shall also indemnify and with respect to hold Landlord harmless from all damages incurred by Landlord arising from Tenant’s holdover after the last full calendar month immediately prior to the termination or expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basishereof. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant contained in the above Paragraph, Tenant is hereby required to notify Landlord, one hundred and twenty (120) days prior to the expiration of this Lease, or any extension or renewal thereof, of its intention to vacate the Premises at the expiration of the then current term. If such notice is not received by Landlord by the date which is one hundred and twenty (120) days prior to the expiration date of the then current term, this Lease will automatically renew on a Month-to-Month basis and Tenant will pay monthly rent at the greater of the Holdover rate as specified in above Section 3.5 or the current market rate at the time of Lease expiration. Such monthly rent amount will begin on the first day following the expiration date and continue through and including the last day in which Tenant occupies the Leased Premises. In additionTenant shall, Tenant shall indemnifyupon vacating the Premises, defend leave the Premises in accordance with, and hold Landlord harmless from and against any losspursuant to, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason the terms of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions the Lease as it would have if vacating at the natural expiration of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains holds over in possession of the Premises or any part thereof after the expiration or sooner termination of the TermTerm of the Lease, as same may be extended, such holding over shall not be on deemed to extend the terms and conditions as set forth in Term or renew this Lease, as far as applicable, but such holding over thereafter shall continue upon the covenants and conditions herein set forth except that Tenant shall pay, as a the charge for use and occupancy charge with respect of such holding over for each calendar month or part thereof (even if such part shall be a small fraction of a calendar month) shall be equal to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover holdover, one hundred fifty percent (150% %), and thereafter, two hundred percent (200%), of the Base Fixed Rent and payable for the Adjustment Amount payable under immediately preceding monthly installment of Fixed Rent, together with one hundred percent (100%) of all Additional Rent due hereunder. Neither the terms billing nor the collection of use and occupancy in the above amount shall be deemed a waiver of any right of Landlord to collect damages for Tenant’s failure to vacate the demised premises after the expiration or sooner termination of this Lease Lease. If Tenant’s holdover shall continue for and with respect to the last full calendar month immediately prior to sixty (60) days beyond the expiration or sooner termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal Tenant shall be liable to 150% Landlord for and indemnify Landlord against (a) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any party of the higher demised premises (a “New Tenant”) by reason of (x) the Base Rent and the Adjustment Amount payable under the terms late delivery of this Lease for and with respect space to the last full calendar month immediately prior New Tenant as a result of Tenant’s holding over or in order to the expiration induce such New Tenant not to terminate its lease by reason of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in Tenant; (b) the Premises. In addition, loss of the benefit of the bargain is any New Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer terminate its lease by reason of the holding over by Tenant; and (c) any such holdover claim for damages by Tenant for a period of longer than thirty (30) daysany New Tenant. The provisions of this ARTICLE 19 Article shall not be deemed to limit survive the expiration or constitute a waiver sooner termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains shall for any reason remain in ------------ possession of the Premises or any part thereof Leased Property after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or earlier termination of the Term (yother than solely due to Lessor's failure, on or prior to (a) the ninetieth (90th) day preceding the expiration of the Term as to such Leased Property or (b) if this Lease is terminated prior to such expiration due to Lessor's default, the earlier termination of the Term as to such Leased Property, to have notified Tenant that Lessor has procured a Qualified Successor for such Leased Property), such possession shall, at the option of Lessor in its sole discretion as to each such Leased Property, be as a month-to-month tenant during which time Tenant shall pay as rental each month (which rental constitutes liquidated damages with respect to Rent, and not a penalty for the period to which it relates), one and one-half times the aggregate of (i) one-twelfth of the aggregate annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day amounts of Current Rent and Accrued Rent payable as of the Term. Amounts due end of the preceding Term and, in the case of a month-to-month tenancy as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to less than all of the Leased Properties, allocable to the contrary herein containedLeased Property(ies) in question in accordance with Section 16.9 hereof; (ii) all ------------ Additional Charges accruing during the month and (iii) all other sums, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over if any, payable by Tenant pursuant to the provisions of this Lease with respect to the Leased Property(ies) in the Premisesquestion. In additionDuring such period of month-to-month tenancy, Tenant shall indemnifybe obligated to perform and observe all of the terms, defend covenants and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions conditions of this ARTICLE 19 Lease with respect to the Leased Property(ies) in question, but shall not be deemed have no rights hereunder other than the right, to limit the extent given by law to month-to-month tenancies to continue its occupancy and use of the applicable Leased Property. Subject to Section 40.3, nothing contained herein ------------ shall constitute the consent, express or constitute a waiver implied, of any other rights Lessor to the holding over of Tenant after the expiration or remedies earlier termination of Landlord provided herein or at lawthis Lease.

Holding Over. In addition 40.01. Tenant will have no right to performing remain in possession of all or part of Tenant’s other obligations the Demised Premises after the expiration or earlier termination of the Term. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Demised Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the Fixed Base Rent and Additional Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if Tenant retains possession of the Premises is not surrendered to Landlord upon the expiration or termination of this Lease, in addition to any part thereof other rights or remedies Landlord may have hereunder or at law, and without in any manner limiting Landlord’s right to demonstrate and collect any damages suffered by Landlord and arising from Tenant’s failure to surrender the Demised Premises as provided herein, Tenant shall pay to Landlord on account of use and occupancy of the Demised Premises for each month and for each portion of any month during which Tenant holds over in the Demised Premises after the expiration or termination of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for Additional Rent otherwise required to be paid hereunder, a sum equal to one hundred fifty percent (150%) of the Fixed Base Rent which Tenant would be liable hereunder if it were occupying was payable under this Lease during the term last month of this Leasethe Term. In addition, during Tenant agrees to indemnify and save Landlord harmless from and against all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) resulting from Tenant failing to so surrender the first Premises within thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day termination of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer limitation, any claims made by reason of any succeeding tenant founded on such holdover by Tenant for a period of longer than delay exceeding thirty (30) days. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Demised Premises after the expiration or termination of this Lease or to limit in any manner Landlord’s right to regain possession of the Demised Premises through summary proceedings, or otherwise, and no acceptance by Landlord of payments from Tenant after the expiration or termination of this Lease shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 40. The provisions of this ARTICLE 19 Article 40 shall not be deemed to limit survive the expiration or constitute a waiver termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition Should Tenant or any of its successors in interest continue to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of hold the Premises after termination of this Lease, whether such termination occurs by lapse of time or otherwise, with Landlord's acquiescence, and without any part thereof after distinct agreement between the expiration parties, then for the first six (6) month period of the Termsuch holding over by Tenant, such holding over shall constitute and be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, construed as a use and occupancy charge with respect to, in addition tenancy at will at a monthly rental equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150125% of the monthly rental (including Base Rent Monthly Rental and any adjusted and additional rent) provided herein at the Adjustment Amount payable under time of such termination. At all times following the terms first six (6) month period of this Lease for such holding over by Tenant, such holding over shall then constitute and with respect be construed as a month to month tenancy at will at a monthly rental equal to one hundred fifty percent (150%) of the last full calendar month immediately monthly rental (including Base Monthly Rental and any adjusted and additional rent). At all times during the period of such holding over by Tenant (but only during such period of such holding over by Tenant and not prior to the expiration of the Term and after such initial normal term of this Lease), Tenant shall be entitled to terminate this Lease upon thirty (30) days prior written notice to Landlord. Similarly, at all times following the first six (6) month period of such holding over by Tenant, Landlord shall be entitled to terminate this Lease upon sixty (60) days prior written notice to Tenant and at all times following the expiration of such sixty (60) day notice period for each calendar month or portion thereof during which such holdover continuesfrom Landlord to Tenant, Tenant shall be regarded as a use tenant at sufferance and occupancy charge with respect tonot as a tenant at will; subject, in addition however, to all other charges for which the terms, provisions, covenants and agreements on the part of Tenant would be liable hereunder if it were occupying hereunder. At all times during the term period of this Leasesuch tenancy at sufferance, an amount equal no payments of money by Tenant to 150% of Landlord after the higher of (x) the Base Rent and the Adjustment Amount payable under the terms termination of this Lease for shall reinstate, continue, renew or extend the Term and with no extension of this Lease after the termination hereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. With respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid such tenancy at sufferance, Tenant shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, all damage which Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any suffer by reason of Tenant's holding over by Tenant in the Premises. In addition, and Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer all claims made by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights tenant or remedies prospective tenant against Landlord resulting from delay by Landlord in delivering possession of Landlord provided herein the Premises to such other tenant or at lawprospective tenant.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease Lease, for the first sixty (60) days of such holding over, and with respect thereafter increasing to the last full calendar month immediately prior to the expiration 200% of the Term or Annual Fixed Rent and Additional Rent calculated (yon a daily basis) one twelfth at the highest rate payable under the terms of this Lease, measured from the annual fair market rent for the Premises under a one (1) year lease commencing day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any Xxxxxx’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, Landlord agrees that Tenant shall not be liable for consequential damages unless such holdover by Tenant for a period of longer than thirty holding over exceeds sixty (3060) days. The provisions Nothing in the foregoing nor any other term or provision of this ARTICLE 19 Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Xxxxxx to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicableapplicable except that, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of any such holdover Tenant shall pay as a use and occupancy charge an amount equal to the greater of (x) 150% of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to Lease, or (y) the last full calendar month immediately prior to the expiration fair market rental value of the Term Premises; and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesthereafter, Tenant shall pay as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher greater of (x) 200% of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Lease, or (y) one twelfth the fair market rental value of the annual fair market rent for the Premises under a one (1) year lease commencing Premises, terminating on the day immediately succeeding on which Tenant vacates the last day Premises in accordance with the requirements of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premisesthis Lease. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Tenant’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease; provided, however, that Tenant shall not be liable for indirect or consequential damages suffered or incurred by Landlord as a result of such hold-over for the first 30 days of such hold-over. Nothing in the foregoing nor any other term or provision of this Lease shall be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition If Tenant fails to performing surrender all of Tenant’s other obligations hereunder, if Tenant retains possession or any part of the Premises or any part thereof after at the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this Lease, occupancy of the Premises after termination shall be that of a tenancy at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall pay an amount (on a per month basis without reduction for partial months during the first thirty holdover) equal to the greater of (30a) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month in effect immediately prior to the expiration of the Term and after preceding such initial thirty termination or (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (xb) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on Premises, as determined in good faith by Landlord, plus in each case, 100% of all applicable Additional Rent. No holdover by Tenant or payment by Tenant after the day immediately succeeding termination of this Lease shall be construed to extend the last day Term or prevent Landlord from immediate recovery of possession of the TermPremises by summary proceedings or otherwise. Amounts due If Landlord is unable to deliver possession of the Premises to a new tenant or to perform improvements for a new tenant as aforesaid a result of Tenant’s holdover, Tenant shall be prorated liable for partial months on a per diem basisany and all damages, fees, and/or costs incurred or to be incurred (including consequential damages) that Landlord suffers from the holdover. Notwithstanding anything to the contrary herein contained, Landlord Tenant shall have the right right, by written notice delivered to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than at least thirty (30) days. The days prior to the date of expiration of the Term, to request in writing that Landlord notify Tenant if, as of the date of such request, Landlord is then negotiating the terms of a lease which will require Landlord to have possession of the Premises as of the date of expiration of the Term, and Landlord shall promptly respond to such request, informing Tenant (subject to the limitations of any confidentiality or nondisclosure agreement then binding Landlord) as to whether Landlord is negotiating (or has completed) such a lease; however, the provisions of this ARTICLE 19 sentence will in no event limit Tenant’s obligations under this Section 22 and shall be for informational purposes only. Tenant expressly acknowledges that even if Landlord is not, at the time Landlord delivers such notice to Tenant, in the process of negotiating such lease, the same shall not be deemed to limit diminish Tenant’s rights, liabilities or constitute a waiver of obligations hereunder in the event that Landlord subsequently commences any other rights or remedies of Landlord provided herein or at lawsuch negotiations.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof Property after the expiration of the TermExpiration Date, Tenant shall pay Base Rent during such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty at one hundred percent (30100%) days of such holdover 150% of the Base Rent in effect immediately preceding such holding over for the first month of holdover, and the Adjustment Amount payable under the terms thereafter at one hundred twenty-five percent (125%) of this Lease for and with respect to the last full calendar month Base Rent in effect immediately prior to the expiration of the Term and after preceding such initial thirty (30) day period holding over, computed on a monthly basis for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for each partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against month that Tenant immediately upon any holding over by Tenant remains in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) dayspossession. The provisions of this ARTICLE 19 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 deemed a consent by Landlord to Tenant’s remaining in possession or be construed as creating or renewing any lease or right of tenancy between Landlord and Tenant. If Tenant shall default in so surrendering the Property, Tenant’s occupancy subsequent to such expiration or termination shall be deemed to be that of a tenant at will, and in no event, from month to month, shall be subject to all the terms, covenants, and conditions of this Lease applicable thereto, and no extension or renewal of this Lease shall be deemed to have occurred by such holding over. Notwithstanding anything contained in this Lease to the contrary, in the event any applicable federal, state, or local law, code, or regulation, including, without limitation, applicable healthcare laws, codes, or regulations, limit or constitute a waiver the period of any other rights such holdover, Landlord and Tenant shall comply therewith. Notwithstanding the foregoing, if an Event of Default occurs pursuant to which Landlord enters and retakes possession of the Property, and any Health Information or remedies Individually Identified Health Information (“PHI”), as defined pursuant to 45 CFR 160.103, is at the Property at the time of such entry and retaking, Landlord provided herein shall promptly relinquish possession of all such PHI to Tenant or at law.Tenant’s legal representative and Landlord hereby relinquishes all claims to such PHI and shall comply with the provisions of Section 8.1(l). 9.2

Holding Over. In addition the event of holding over by Tenant with respect to performing all or any portion of the Leased Premises after the expiration or termination of the Lease Agreement, such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant and all of the terms and provisions of this Lease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Rent payable by Tenant for the month immediately preceding the holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part thereof of the Leased Premises effective upon the termination of this Lease Agreement. Notwithstanding anything herein to the contrary, Landlord and Tenant specifically agree that no notice to terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms Term of this Lease for and with respect to the last full calendar month immediately prior to the expiration Agreement under Section 91.001 or Section 24.005 of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as Texas Property Code before Landlord files a use and occupancy charge with respect to, in addition to all other charges for which forcible detainer suit on grounds that Tenant would be liable hereunder if it were occupying during is holding over beyond the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term or renewal period (yif any) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon hereof; and any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 sublease hereunder shall not be deemed to limit or constitute approved unless it also contains a specific comparable waiver of any other rights or remedies of Landlord provided herein or at lawby the subtenant thereunder.

Holding Over. In addition the event of holding over by Tenant with respect to performing all or any portion of the Leased Premises after the expiration or termination of the Lease Agreement, such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant and all of the terms and provisions of this Lease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for each month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Rent payable by Tenant for the month immediately preceding the holdover period. The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit I) against all claims for damages against the Landlord Parties as a result of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part thereof of the Leased Premises effective upon the termination of this Lease Agreement. Notwithstanding anything herein to the contrary, Landlord and Tenant specifically agree that no notice to terminate Tenant’s tenancy hereunder will be required from and after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms Term of this Lease for and with respect to the last full calendar month immediately prior to the expiration Agreement under Section 91.001 or Section 24.005 of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as Texas Property Code before Landlord files a use and occupancy charge with respect to, in addition to all other charges for which forcible detainer suit on grounds that Tenant would be liable hereunder if it were occupying during is holding over beyond the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term or renewal period (yif any) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon hereof; and any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 sublease hereunder shall not be deemed to limit or constitute approved unless it also contains a specific comparable waiver of any other rights or remedies of Landlord provided herein or at lawby the subtenant thereunder.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30i) days of such holdover 150% of the Base greater of (x) the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for Lease, and with respect to (y) the last full calendar month immediately prior to the expiration fair market rental value of the Term Premises, for the period measured from the day on which Tenant’s hold-over commences through and after until the earlier of (a) the thirtieth (30th) day thereafter and (b) the day on which Tenant vacates the Premises; and (ii) if such initial hold-over continues beyond such thirty (30) day period for each calendar month or portion thereof during which such holdover continues30)-day period, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150200% of the higher greater of (x) the Base Annual Fixed Rent and Additional Rent, calculated in the Adjustment Amount payable under the terms of this Lease for same manner as provided in clause (i) above, and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth the fair market rental value of the annual fair market rent Premises, for the Premises under a one period measured from the thirty first (131st) year lease commencing on day after such hold-over commences through and until the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Tenant’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if 12.1. If Tenant retains holds over possession of the Premises beyond the Termination Date or any part thereof after the prior expiration of the Term, such holding over shall not be on deemed to extend the Term or renew this Lease but such holding over shall continue upon the terms covenants and conditions of this Lease as set forth in this Lease, as far as applicable, a tenant at will except that Tenant shall pay, as a agrees that the charge for use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period Premises for each calendar month or portion thereof that Tenant holds over (even if such part shall be one day) shall be a liquidated sum equal to one-twelfth (1/12th) of one hundred fifty percent (150%) of the Base Rent and Additional Rent required to be paid by Tenant during which such holdover continuesthe calendar year preceding the Termination Date or earlier expiration of the Term. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises will be extremely substantial, as a will exceed the amount of the monthly Base Rent and Additional Rent payable hereunder and will be impossible to accurately measure. If the Premises are not surrendered upon the Termination Date or prior expiration of the Term, in addition to the use and occupancy charge with respect toset forth above, Tenant shall indemnify and hold harmless Landlord against any and all losses and liabilities resulting therefrom, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in addition this Lease shall be construed as a consent by Landlord to all other charges for which the occupancy or possession by Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) Premises beyond the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately Termination Date or prior to the expiration of the Term Term, and Landlord, upon said Termination Date or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day prior expiration of the Term. Amounts due as aforesaid , or at any time thereafter (and notwithstanding that Landlord may accept from Tenant one or more payments called for by this Section 12.1), shall be prorated for partial months on a per diem basis. Notwithstanding anything entitled to the contrary herein contained, Landlord shall have benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in immediate repossession of the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Article shall not be deemed to limit survive the Termination Date or constitute a waiver earlier expiration of any other rights or remedies of Landlord provided herein or at lawthe Term.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant shall pay Landlord for each day Tenant retains possession of the Leased Premises or any part thereof of them after termination of this Lease by lapse of time or otherwise at the expiration rate (“Holdover Rate”) which shall be One Hundred Fifty Percent (150%) of the Termgreater of (a) the amount of the Minimum Monthly Rent for the last period prior to the date of such termination plus Tenant’s Proportionate Share of Operating Costs, Real Estate Taxes and Insurance; and (b) the then market rental value of the Leased Premises as determined by Landlord assuming a new lease of the Leased Premises of the then usual duration and other terms, in either case, prorated on a daily basis, and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord’s election to such effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be on deemed to have been created. In any event, no provision of this Section 33.2 shall be deemed to waive Landlord’s right of reentry or any other right under this Lease or at law. Additionally, in the terms event that upon termination of the Lease, Tenant has not fulfilled its obligation with respect to repairs and conditions cleanup of the Leased Premises or any other Tenant obligations as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, then Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of perform any such holdover obligations as it deems necessary at Tenant’s sole cost and expense, and any actual and reasonable time required by Tenant for Landlord to complete such obligations shall be considered a period of longer than thirty (30) days. The provisions holding over and the terms of this ARTICLE 19 section shall not apply (provided, however, for the avoidance of doubt, such period of hold over under this sentence shall relate only to the actual and reasonable time required by Landlord to complete such obligations and in no event shall Landlord be deemed entitled to limit or constitute elect the same to be a waiver of any other rights or remedies of Landlord provided herein or at lawmonth-to-month tenancy).

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect toan amount equal to (x) the Additional Rent plus 150% the Monthly Fixed Rent for the first thirty (30) days following the expiration of the Lease Term, in addition to all other charges for and (y) the Additional Rent plus 200% of the Monthly Fixed Rent thereafter, and terminating on the day on which Tenant would vacates the Premises. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages (including all consequential, indirect, and special damages and lost profits; provided, however, that Tenant shall not be liable hereunder if it were occupying during the term of this Lease, for such damages during the first thirty (30) days of such holdover 150% any holding over period) which Landlord may suffer on account of Tenant’s hold-over in the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises after the expiration or prior termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of . Nothing in the higher of (x) the Base Rent and the Adjustment Amount payable under the terms foregoing nor any other term or provision of this Lease for and with respect shall be deemed to permit Tenant to retain possession of the last full calendar month immediately prior to Premises or hold over in the Premises after the expiration or earlier termination of the Term Lease Term. All property which remains in the Office Area or (y) one twelfth the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the annual fair market sale, the cost of moving and storage, any arrears of rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over or other charges payable hereunder by Tenant in the Premises. In addition, Tenant shall indemnify, defend to Landlord and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) to which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of be entitled under this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges the greater of (x) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty days in which the Tenant holds over an amount equal to one hundred and fifty (30150%) days of such holdover 150% of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial the first thirty (30) day period for each calendar month or portion thereof during days in which such holdover continues, as a use the Tenant holds over and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, thereafter an amount equal to 150% two hundred percent (200%) of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Lease, or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Tenant’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition Tenant will not be permitted to performing all of Tenant’s other obligations hereunder, if Tenant retains hold over possession of the Premises or any part thereof after the expiration or earlier termination of the TermTerm without the express written consent of Landlord, such holding which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over shall be on after the terms and conditions as set forth in this Leaseexpiration or earlier termination of the Term with or without the express written consent of Landlord, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect tothen, in addition to all other charges for which remedies available to Landlord, Tenant would be liable hereunder if it were occupying during shall become a tenant at sufferance only, upon the term of terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), during the first thirty but at a Monthly Base Rent equal to one hundred fifty percent (30150%) days of such holdover 150% of the Monthly Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect applicable to the last full calendar month Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by Landlord of the Term and Rent after such initial thirty (30) day period for each calendar month expiration or portion thereof during which such holdover continues, as earlier termination shall not constitute consent to a use and occupancy charge with respect to, hold over hereunder or result in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term an extension of this Lease, an amount equal . This Section 21.2 shall not be construed to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect create any express or implied right to the last full calendar month immediately prior to holdover beyond the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Termany extension thereof. Amounts due as aforesaid Tenant shall be prorated liable, and shall pay to Landlord within ten (10) days after demand, for partial months on all losses incurred by Landlord as a per diem basis. Notwithstanding anything to the contrary herein containedresult of such holdover, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant and shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against any lossall liabilities, cost or damages damages, losses, claims, suits, costs and expenses (including, without limitation including reasonable attorneys’ feesfees and costs) which Landlord may suffer by reason of arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by Tenant for a period succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of longer than thirty (30) daysthis Lease. The foregoing provisions of this ARTICLE 19 shall Section 21.2 are in addition to, and do not be deemed to limit affect, Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein hereunder or otherwise at lawlaw or in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if 16.1 If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term or earlier termination thereof, with the express or implied consent of Landlord, such holding over tenancy shall be on from month-to-month only, and shall not constitute a renewal hereof or an extension for any further term. If Tenant holds over after the terms expiration of the Lease Term of earlier termination thereof, without the express or implied consent of Landlord, such tenancy shall be deemed to be a tenancy by sufferance only, and conditions as set forth in this Leaseshall not constitute a renewal hereof or an extension for any further term. In either case, as far as applicable, except that Tenant Base Rent shall pay, as be payable at a use and occupancy charge with respect to, in addition monthly rate equal to all other charges for which Tenant would be liable hereunder if it were occupying during (x) the term higher of this Lease, during the first thirty fair market rent or one twenty-five percent (30125%) days of such holdover 150% of the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term under the terms of this Lease for the first 30 days of such hold over and (y) one hundred fifty percent (150%) of the Base Rent applicable during the last rental period of the Lease Term under this Lease thereafter (provided that, with respect to the last full calendar month immediately prior to Initial Premises, the expiration monthly rate shall be based on the applicable multiple of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and payable in the Adjustment Amount payable under first year following the terms of this Lease for and with respect to Rent Commencement Date). Such month-to-month tenancy or tenancy by sufferance, as the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid case may be, shall be prorated for partial months on a per diem basissubject to every other applicable term, covenant and agreement contained herein. Notwithstanding anything Nothing contained in this Article 16 shall be construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 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. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom (provided that Tenant shall have no liability for consequential or indirect damages for such holdover, including claims of a succeeding tenant, for the first 30 days of such holdover).

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession shall hold over beyond the end of the Premises Term with the Consent of Landlord, then the provisions of the hold over tenancy shall be the same provisions set forth in this Lease governing the rights and obligations of the parties during the Term, except that: the tenancy shall be on the basis of a month to month tenancy, terminable by Landlord immediately by issuance of a 30 day notice, as long as the quitting date is at least 8 days after the giving of the notice to quit; there shall be no rights or options in Tenant to extend the Term, increase or decrease the size of the Leased Premises, purchase any portion of the Project, exercise any right of refusal to any leasing or sale of any portion of the Project or any part thereof after similar rights that may have been in effect during the expiration Term; and the Monthly Base Rent for the hold over shall be the Monthly Base Rent in effect immediately prior to the end of the Term, such holding over which shall be on increased in the terms and conditions same manner as set forth in this Lease, as far as applicable, except that the Monthly Base Rent had been increased by any formula or with any regular frequency during the Term. If Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during not have vacated the term of this Lease, during Leased Premises on or before the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesdoes not have Landlord's Consent to remain in the Leased Premises, the failure to vacate shall not be treated as a hold over for any further term and it is agreed that the use and occupancy charge with respect to, in addition to all other charges damages for which Tenant would will be liable hereunder if it were occupying during any such period of occupancy will be the amount that would have been payable as Additional Rent had this Lease remained in effect during the term period of this Lease, occupancy plus an amount equal to 150% of one and a half times the higher of (x) the Monthly Base Rent and in effect at the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day end of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.XVII - MISCELLANEOUS PROVISIONS

Holding Over. In addition At the termination of this Lease by its expiration or otherwise, Tenant immediately shall deliver possession to performing Landlord with all of Tenant’s other obligations hereunderrepairs and maintenance required herein to be performed by Tenant completed. If, if for any reason, Tenant retains possession of the Premises or any part thereof after the expiration of the Termsuch termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over shall be on constitutes either (i) renewal of this Lease for one year, and from year to year thereafter, (ii) creation of a month to month tenancy, upon the terms and conditions as set forth in this Lease, as far as applicableor (iii) creation of a tenancy at sufferance, except in any case upon the terms and conditions set forth in this Lease, provided, however, that Tenant shall pay, as a use and occupancy charge with respect tothe monthly rental or daily rental under (iii) shall, in addition to all other charges for sums which are to be paid by Tenant would hereunder whether or not as additional rent, be liable hereunder if it were occupying during equal to one and one half times (150%) the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable rental being paid monthly to Landlord under the terms of this Lease for and with respect to the last full calendar month immediately prior to such termination (prorated in the expiration case of (iii) on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served then a tenancy at sufferance shall be deemed to be created at the rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Paragraph shall not constitute a waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant’s part to be performed. No holding over by Tenant, whether with or without consent of Landlord shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Paragraph 16 shall not be deemed construed as consent for Tenant to limit or constitute a waiver retain possession of any other rights or remedies the Premises in the absence of Landlord provided herein or at lawwritten consent thereto by Landlord.

Holding Over. In addition to performing all If Tenant, or any assignee or subtenant of Tenant’s other obligations hereunder, if Tenant retains holds over possession of the Premises or any part thereof after beyond the expiration or earlier termination of the Termthis Lease, such holding over shall will not be on deemed to extend the terms Term or renew this Lease but such holding over will continue upon the terms, covenants and conditions as set forth in of this Lease, as far as applicable, Lease except that Tenant shall pay, as a the charge for use and occupancy charge with respect to, in addition of the Premises for each calendar month or portion thereof that Tenant or such assignee or subtenant holds over will be a liquidated sum equal to all other charges one-twelfth (1/12th) of one and one half (11/2) times the Basic Rent and Additional Rent for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during Lease Year preceding the Expiration Date for the first thirty (30) days of such holdover 150% period, and thereafter, two (2) times such Basic Rent and Additional Rent. Tenant shall remain obligated to continue to pay Additional Rent during any holdover period. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Base Premises will exceed the amount of the monthly Basic Rent and Additional Rent and will be impossible to accurately measure. In connection with any holdover, in no event shall Tenant, or any assignee or subtenant, be liable for any consequential damages unless Landlord gives Tenant written notice that the Adjustment Amount payable under Premises have been leased to another Tenant after the terms of this Lease for and with respect to Termination Date. If the last full calendar month immediately prior to Premises are not surrendered upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term earlier termination of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold harmless Landlord harmless from and against any lossand all losses and liabilities resulting therefrom, cost or damages (including, without limitation reasonable attorneys’ fees) which limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord may suffer by reason to the occupancy or possession of the Premises beyond the expiration or earlier termination of this Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any such holdover by assignee or subtenant of Tenant, or other party claiming rights to the Premises under or through Tenant for a period upon the expiration or earlier termination of longer than thirty (30) daysthe Term. The provisions of this ARTICLE 19 shall not be deemed to limit Article 24 will survive the expiration or constitute a waiver earlier termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges the greater of (x) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover in which the Tenant holds over an amount equal to one hundred and fifty percent (150% %) of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial the first thirty (30) day period for each calendar month or portion thereof during days in which such holdover continues, as a use the Tenant holds over and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, thereafter an amount equal to 150% two hundred percent (200%) of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Lease, or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease; provided, however that Tenant shall not be liable for consequential damages in connection with such holdover by Tenant for a period of longer than holding over unless such holding over exceeds thirty (30) days. The provisions days from the expiration or earlier termination of the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains shall for any reason remain in ------------ possession of the Premises or any part thereof Leased Property after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or earlier termination of the Term (yother than solely due to Lessor's failure, on or prior to (a) the ninetieth (90th) day preceding the expiration of the Term as to such Leased Property or (b) if this Lease is terminated prior to such expiration due to Lessor's default, the earlier termination of the Term as to such Leased Property, to have notified Tenant that Lessor has procured a Qualified Successor for such Leased Property), such possession shall, at the option of Lessor in its sole discretion as to each such Leased Property, be as a month-to-month tenant during which time Tenant shall pay as rental each month (which rental constitutes liquidated damages with respect to Rent, and not a penalty for the period to which it relates), one and one-half times the aggregate of (i) one- twelfth of the aggregate annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day amounts of Current Rent and Accrued Rent payable as of the Term. Amounts due end of the preceding Term and, in the case of a month-to-month tenancy as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to less than all of the Leased Properties, allocable to the contrary herein containedLeased Property(ies) in question in accordance with Section 16.9 hereof; (ii) all ------------ Additional Charges accruing during the month and (iii) all other sums, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over if any, payable by Tenant pursuant to the provisions of this Lease with respect to the Leased Property(ies) in the Premisesquestion. In additionDuring such period of month-to-month tenancy, Tenant shall indemnifybe obligated to perform and observe all of the terms, defend covenants and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions conditions of this ARTICLE 19 Lease with respect to the Leased Property(ies) in question, but shall not be deemed have no rights hereunder other than the right, to limit the extent given by law to month-to-month tenancies to continue its occupancy and use of the applicable Leased Property. Subject to Section 40.3, nothing contained herein ------------ shall constitute the consent, express or constitute a waiver implied, of any other rights Lessor to the holding over of Tenant after the expiration or remedies earlier termination of Landlord provided herein or at lawthis Lease.

Holding Over. In addition TENANT will have no right to performing all of Tenant’s other obligations hereunder, if Tenant retains remain in possession of the Premises all or any part thereof of the Leased Premises after the expiration of the Termterm. If TENANT remains in possession of all or any part of the Leased Premises after the expiration of the term, with the express or implied consent of LANDLORD: (a) such holding over shall tenancy will be on deemed to be a periodic tenancy from month-to-month only; (b) such tenancy will not constitute a renewal or extension of this LEASE for any further term; and (c) such tenancy may be terminated by LANDLORD upon the terms earlier of 30 days’ prior written notice or the earliest date permitted by law. The parties recognize and conditions as set forth in this Leaseagree that the damage to LANDLORD resulting from any failure by TENANT to timely surrender possession of the Leased Premises will be substantial, as far as applicablewill exceed the amount of the monthly installments of the rent payable hereunder, except and will be impossible to measure accurately. TENANT therefore agrees that Tenant shall pay, as a use and occupancy charge with respect toif possession of the Leased Premises is not surrendered to LANDLORD upon the Expiration Date or sooner termination of the LEASE, in addition to all any other charges rights or remedies LANDLORD may have hereunder or at law, TENANT shall pay to LANDLORD, as liquidated damages, for each month and for each portion of any month during which Tenant would be liable hereunder if it were occupying during TENANT holds over in the term Leased Premises after the Expiration Date or sooner termination of this LeaseLEASE, during a sum equal to one and one half (1-1/2) times the first thirty (30) days aggregate of such holdover 150% that portion of the Monthly Base Rent and the Adjustment Amount additional rent that was payable under the terms of this Lease for and with respect to LEASE during the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month term. Nothing herein contained shall be deemed to permit TENANT to retain possession of all or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% any part of the higher of (x) Leased Premises after the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration Expiration Date or sooner termination of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysLEASE. The provisions of this ARTICLE 19 Section 26.11 shall not be deemed to limit survive the Expiration Date or constitute a waiver sooner termination of any other rights or remedies of Landlord provided herein or at lawthis LEASE.

Holding Over. There shall be no renewal, extension, or reinstatement of this Lease by operation of law. In addition to performing all the event of Tenant’s other obligations hereunder, if holding over by Tenant retains possession of the Premises or any part thereof after the expiration or sooner termination of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicablewithout Landlord’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant at sufferance and all of the terms, covenants, and conditions of this Lease shall be applicable during that period, except that Tenant shall pay, pay Landlord as a use and occupancy charge with respect to, in addition to all other charges Base Rent for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty two (302) days of such holdover 150% months of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration period of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, hold over an amount equal to 150% of the higher of (x) one and one-half times the Base Rent which would have been payable by Tenant under Section 2.1 hereof, as adjusted in accordance with Section 3.1 hereof, had the hold-over period been part of the original Lease Term, together with all additional rent due hereunder and together with any other Rent under this Lease and thereafter, Tenant shall pay two times the Adjustment Amount Base Rent which would have been payable by Tenant under Section 2.1 hereof, as adjusted in accordance with Section 3.1 hereof, had the terms hold-over period been part of the original Lease Term, together with all additional rent due hereunder and together with any other Rent under this Lease. The rent payable by Tenant during the holdover period shall be payable to Landlord on demand. If Tenant holds over as a tenant at sufferance, Tenant shall vacate and deliver the Premises to Landlord upon demand. In the event Tenant fails to surrender the Premises to Landlord upon expiration or other termination of this Lease or of such tenancy at sufferance, then Tenant shall indemnify Landlord against any and all damages, loss or liability resulting from any delay of Tenant in surrendering the Premises, including, but not limited to, any claim for and with respect damages by or amounts required to be paid to third parties who were to have occupied all or any part of the last full calendar month immediately prior to Premises effective upon the expiration or termination of this Lease plus all the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedlosses, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additioncosts and expenses, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation limitation, reasonable attorneys’ fees) which Landlord may suffer by reason , incurred as a result of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawholdover.

Holding Over. In addition to performing all 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of Tenant’s other obligations hereunderthe date on which Tenant will vacate the Premises, and that if Tenant retains possession of fails to surrender the Premises or any part portion thereof after at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holding over holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant hereunder shall be increased to equal one hundred fifty percent (150%) of the Base Rent, additional rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the terms first day of such holdover period and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all the first day of each calendar month Table of Contents thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other charges for which Tenant would be liable hereunder if it were occupying during the term provision of this Lease, during the first thirty (30) days Landlord’s acceptance of such holdover 150% of the Base Rent rent shall not in any manner adversely affect Landlord’s other rights and the Adjustment Amount payable under the terms of this Lease for remedies, including Landlord’s right to evict Tenant and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which recover all damages. Any such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord’s consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition to performing all of TenantIf, with Landlord’s other obligations hereunderexpress written consent, if Tenant retains possession of the Premises or any part thereof after the expiration termination of the Term, (i) unless otherwise agreed in such holding over written consent, such possession shall be on subject to immediate termination by Landlord at any time, (ii) all of the other terms and conditions as set forth provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in this Leasefull force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, as far as applicable, except that (iii) Tenant shall pay, continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as a use and occupancy charge with respect toLandlord may indicate, in addition to Landlord’s sole and absolute discretion, in such written consent, and (iv) all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable payments shall continue under the terms of this Lease for and with respect to Lease. If Tenant remains in possession of the last full calendar month immediately prior to Premises after the expiration or earlier termination of the Term and after such initial thirty without the express written consent of Landlord, (30A) day period for each calendar month or portion thereof during which such holdover continues, as Tenant shall become a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under tenant at sufferance upon the terms of this Lease for and with respect except that the monthly rental shall be equal to (I) 150% of Rent in effect during the last full calendar month immediately prior 30 days of the Term for the first 30 day period of the holdover, (II) 175% of Rent in effect during the last 30 days of the Term for the second 30 day period of the holdover, and (III) 200% of Rent in effect during the last 30 days of the Term for the third 30 day period of the holdover, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over (including, from and after 90 days after the end of the Term, consequential damages if Landlord has advised Tenant in advance of any particular consequential damages that Landlord may incur or suffer as a result of Tenant’s holding over, including, without limitation, consequential damages that Landlord may incur or suffer by reason of Landlord’s inability to lease the Premises or deliver occupancy to a particular tenant). Tenant shall pay Base Rent on a per diem basis at such monthly rental rate for each day that Tenant so retains possession. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions earlier termination of this ARTICLE 19 Lease shall not be deemed to limit result in a renewal or constitute a waiver reinstatement of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to 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 (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 either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that the monthly Basic Rent shall be two hundred percent (200%) of the greater of (a) the Basic Rent for and with respect to the last full calendar month immediately prior preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges one hundred and fifty percent (150%) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% in which the Tenant holds over and after the first thirty (30) days in which the Tenant holds over and thereafter an amount equal to two hundred percent (200%) of the Base greater of (x) the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Tenant’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all If this Lease is not renewed or extended or a new lease is not entered into between the parties, and if Tenant shall then hold over after the Expiration Date or earlier termination of this Lease, irrespective of whether or not Landlord accepts Rental from Tenant for a period beyond the Expiration Date, Tenant’s other obligations hereunder, if Tenant retains possession occupancy of the Premises or any part thereof after the expiration of the Term, such holding over Expiration Date shall be on upon all the terms and conditions as set forth in this Lease, as far as applicable, Lease except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges pay (a) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty sixty (3060) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseholdover, an amount equal to one hundred fifty percent (150% of the higher %) of (xi) the applicable Base Rent in effect immediately before the holdover period began, and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of (ii) all applicable Additional Rent which would have been applicable had the Term or (y) one twelfth continued through the period of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any such holding over by Tenant and (b) thereafter, two hundred percent (200%) of (i) the applicable Base Rent in effect immediately before the Premisesholdover period began, and (ii) all applicable Additional Rent which would have been applicable had the Term continued through the period of such holding over by Tenant. In additionIf Tenant shall holdover or remain in possession of any portion of the Premises beyond the Expiration Date, whether or not Landlord accepts any Rental for a period beyond the Expiration Date, Tenant shall be subject not only to summary proceeding and all damages related thereto, but also to any damages arising out of any lost opportunities (and/or new leases) by Landlord to relet the Premises (or any part thereof). Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any lossliability resulting from delay by Tenant in surrendering the Premises upon the expiration or sooner termination of this Lease, cost or damages (including, without limitation reasonable attorneys’ fees) which limitation, any claims made by any succeeding tenant or prospective tenant founded upon such delay. All damages to Landlord may suffer by reason of any such holdover holding over by Tenant for may be the subject of a period of longer than thirty (30) daysseparate action and need not be asserted by Landlord in any summary proceedings against Tenant. The provisions terms of this ARTICLE 19 Article shall not be deemed to limit survive the expiration or constitute a waiver earlier termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will require an extensive period to performing all of Tenant’s other obligations hereunder, locate a replacement tenant and because Landlord plans its entire leasing and renovation program for the Building in reliance on the Expiration Date. Tenant also acknowledges that if Tenant retains possession of fails to surrender the Premises or any part portion thereof after at the expiration or earlier termination of the Lease Term, then it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the Base Rent and additional rent that would have been payable had the Lease Term continued during such holding over holdover period. Therefore, if Tenant (or anyone claiming through Tenant) does not immediately surrender the Premises or any portion thereof upon the expiration or earlier termination of the Lease Term, then the rent payable by Tenant hereunder shall be increased to equal: (1) one hundred fifty percent (150%) of the Base Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term and continued during such holdover period for the first three (3) months of the holdover period, and (2) double the Base Rent that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period thereafter. Such rent shall be computed by Landlord and paid by Tenant on a monthly basis and shall be payable on the terms first day of such holdover period and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all the first day of each calendar month thereafter during such holdover period until the Premises have been vacated. Notwithstanding any other charges for which Tenant would be liable hereunder if it were occupying during the term provision of this Lease, during the first thirty (30) days Landlord’s acceptance of such holdover 150% of the Base Rent rent shall not in any manner adversely affect Landlord’s other rights and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which remedies. Any such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord’s consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition to performing all 22.1 Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of Tenant’s other obligations hereunderthe date on which Tenant will vacate the Premises. Therefore, if Tenant retains possession of (or anyone claiming through Tenant) does not immediately surrender the Premises or any part portion thereof after upon the expiration or earlier termination of the Lease Term, such holding over then the rent payable by Tenant hereunder shall be on increased to equal the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher greater of (x1) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one entire Premises, or (12) year lease commencing on the day immediately succeeding the last day following percentages of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything Base Rent, additional rent and other sums that would have been payable pursuant to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Lease if the Lease Term had continued during such holdover period: one hundred fifty percent (150%) for each of the first three (3) months of such holdover; and two hundred percent (200%) for each month thereafter. Such rent shall be computed by Landlord and paid by Tenant 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 have been vacated. Notwithstanding any other provision of this Lease, Landlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, including Landlord’s right to evict Tenant and to recover all damages. Any such holdover shall be deemed to limit be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month. In no event shall any holdover be deemed a permitted extension or renewal of the Lease Term, and nothing contained herein shall be construed to constitute a waiver of Landlord’s consent to any other rights holdover or remedies of Landlord provided herein or at lawto give Tenant any right with respect thereto.

Holding Over. In addition to performing all of Tenant’s other obligations hereunderExcept as set forth below, if Tenant retains possession of Xxxxxx continues to occupy the Premises or any part portion thereof after the expiration or other termination of this Lease or the termination of Tenant’s right of possession with respect to the Premises, such occupancy shall be that of a tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease (other than provisions relating to length of the Term) and shall pay for its use and occupancy an amount (on a per month basis without reduction for any partial months during any such holdover period) equal to (i) one hundred percent (100%) of the additional Rent due under this Lease for the holdover period and (ii) for the first sixty (60) days of the holdover period, the monthly Base Rent will be increased to one hundred twenty-five (125%) percent of the monthly Base Rent payable during the month immediately prior to the holdover period; and thereafter monthly Base Rent will be increased to one hundred fifty (150%) percent of the monthly Base Rent payable during the month immediately prior to the holdover period. Any other sums due under this Lease will be payable in the amount and at the times specified in this Lease. Except as set forth below, no holding over by Tenant or payments of money by Tenant to Landlord after the expiration of the Term, such holding over Term shall be on construed to extend the terms and conditions as set forth in this Lease, as far as applicable, except Term or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise. In the event that Tenant shall pay, as a use and occupancy charge with respect to, in addition Xxxxxx continues to all other charges for which Tenant would be liable hereunder if it were occupying during occupy the term Premises or any portion thereof after the expiration or termination of this Lease, during the first thirty (30) days such occupancy shall be that of such holdover 150% of the Base Rent a tenancy at sufferance and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would shall be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent Landlord for all direct and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or consequential damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover holding over by Tenant for a period of longer than thirty (30) daysXxxxxx. The provisions of this ARTICLE 19 Section 30 shall not be deemed to limit or constitute a waiver survive the expiration of any other rights or remedies of Landlord provided herein or at law.this Lease. ​

Holding Over. In addition the event of holding over by Tenant after expiration or other termination of this Lease or in the event Tenant continues to performing all occupy the Premises after the termination of Tenant’s other obligations hereunder's right of possession pursuant to Articles XXII and XXIII hereof, if Tenant retains possession occupancy of the Premises subsequent to such termination or any part thereof after the expiration of the Term, such holding over shall be on that of a tenancy at sufferance and in no event for month-to-month or year-to-year. Tenant shall, throughout the entire holdover period, be subject to all the terms and conditions as set forth in provisions of this Lease, as far as applicable, except that Tenant Lease and shall pay, as a pay for its use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount (on a per month basis without reduction for any partial months during any such holdover) equal to 150% of the higher sum of (x) the Base Rent Rental and Additional Base Rental due for the Adjustment Amount payable under period immediately preceding such holding over, provided that in no event shall Base Rental and Additional Base Rental during the terms holdover period be less than the fair market rental for the Premises. Notwithstanding the foregoing, if such holding over continues for more than fifteen (15) days, effective as of this Lease the sixteenth (16th) day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for and with respect the period immediately preceding such holding over. No holding over by Tenant or payments of money by Tenant to the last full calendar month immediately prior to Landlord after the expiration of the Lease Term shall be construed to extend the Lease Term or (y) one twelfth prevent Landlord from recovery of immediate possession of the annual fair market rent for Premises by summary proceedings or otherwise. In addition to the Premises under a one (1) year lease commencing on obligation to pay the day immediately succeeding the last day of the Term. Amounts due as aforesaid amounts set forth above during any such holdover period, Tenant also shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedall damage, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon including any holding over by Tenant in the Premises. In additionconsequential damage, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any holding over by Tenant, 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 Premises to such other tenant or prospective tenant. Notwithstanding the foregoing, Tenant shall not be liable for consequential damages unless the holdover by Tenant continues for a period of longer than thirty (30) days. The provisions or more days after the termination of this ARTICLE 19 shall not be deemed Lease or Tenant's right to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawpossession.

Holding Over. In addition to performing all If Tenant, without the written consent of Tenant’s other obligations hereunderLandlord, if Tenant retains holds over and does not surrender possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to upon the expiration of the Term or sooner termination of this Lease, then such holding over shall be treated as a month-to-month tenancy upon the terms and conditions set forth in this Lease except that the monthly Base Rent (yor daily rent if Landlord does not elect to create a month to month tenancy) shall be equal to one twelfth hundred twenty five percent (125%) of the annual fair market rent Base Rent owed to Landlord under this Lease immediately prior to such expiration or termination for the Premises first 4 months of such hold over period and one hundred twenty five percent (150%) of the Base Rent owed to Landlord under a one this Lease immediately prior to such expiration or termination thereafter. Either party may thereafter terminate the tenancy as of the end of any calendar month by written notice to the other party at least thirty (130) year lease commencing on the day immediately succeeding days before the last day of the Termmonth. Amounts due as aforesaid Notwithstanding the foregoing, Landlord may terminate the Lease at any time if Tenant is in default. Tenant shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, all damages that Landlord shall have the right to commence eviction proceedings against Tenant immediately upon suffers because of any holding over by Tenant in the Premises. In additionTenant, and Tenant shall indemnify, defend and hold Landlord harmless from and against any lossall claims (including actual damages and attorney fees and costs) resulting from Tenant’s retention of possession, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer limitation, Landlord’s actual damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of any such holdover by failure of Tenant for a period to timely surrender the Premises. Landlord may elect to treat Tenant as remaining in possession of longer than thirty (30) daysthe Premises until such time as Tenant completes its surrender obligations and removes all of its personal property from the Premises. The provisions of this ARTICLE 19 Article shall not be deemed to limit or constitute a waiver by Landlord of any right of re-entry as provided in this Lease nor shall receipt of any Base Rent or Additional Rent or any other rights apparent affirmance of the tenancy operate as a waiver of Landlord’s right to terminate this Lease for a breach of any terms, covenants, or remedies of Landlord provided herein or at lawobligations contained in this Lease on Tenant’s part to be performed.

Holding Over. In addition to performing all If Tenant (directly or through any successor-in-interest of Tenant’s other obligations hereunder, if Tenant retains ) remains in possession of any or all of the Premises or any part thereof after the expiration or termination of this Lease with the consent of Landlord, such continued possession shall be construed to be a tenancy from month to month at one hundred twenty-five percent (125%) of the TermMonthly Base Rent herein specified (and shall be increased in accordance with Paragraph 4(b) [Adjustments in Base Rent]), such holding over together with an amount estimated by Landlord for the monthly Additional Charges payable under this Lease, and shall otherwise be on the terms and conditions herein specified so far as set forth applicable. If Tenant (directly or through any successor-in-interest of Tenant) remains in possession of all or any portion of the Premises after the expiration or termination of this Lease without the consent of Landlord, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, as far as applicable, except that Tenant the Monthly Base Rent during Tenant’s holding over shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% greater of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual then-fair market rent for the Premises under (as reasonably determined by Landlord) or one hundred fifty percent (150%) of the Monthly Base Rent and Additional Charges payable in the last full month prior to the termination hereof (and shall be increased in accordance with Paragraph 4(b) [Adjustments in Base Rent]). In addition to Rent, Tenant shall pay Landlord for all damages proximately caused by reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after the termination of this Lease shall not constitute a one (1) year lease commencing renewal of this Lease, and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or any other right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant’s vacation of the Premises on the day immediately succeeding the last day of the TermExpiration Date. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionAccordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by any prospective tenant of all or any part of the Premises, and (including, without limitation reasonable attorneys’ feesii) which Landlord may suffer Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of any such holdover by failure of Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawtimely surrender the Premises.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises after the termination of the Lease Term, unless otherwise agreed in writing, such possession shall be subject to immediate termination by Landlord at any time, and all of the other terms and provisions of this Lease (excluding any expansion or any renewal option or other similar right or option) shall be applicable during such holdover period, except that Tenant shall pay Landlord from time to time, upon demand, as Base Rent for the holdover period, an amount equal one and one-half the Base Rent in effect on the termination date, computed on a monthly basis for each month or part thereof after during such holding over. All other payments shall continue under the expiration terms of this Lease. In addition, Tenant shall be liable for all damages incurred by Landlord as a result of such holding over. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Paragraph 22 shall not be construed as consent for Tenant to retain possession of the TermPremises. For purposes of this Paragraph 22, such holding “possession of the Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over shall be on the terms Premises, and conditions so long as Tenant has completely fulfilled all obligations required of it upon termination of the Lease as set forth in this Lease, as far as applicableincluding, except that Tenant shall paywithout limitation, as a use those concerning the condition and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term repair of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionNotwithstanding the foregoing, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver have returned possession of the Premises to the Landlord, if at Tenant’s request(s), Landlord complied with the Walk-Through process and promptly provided written notice(s) of any other rights unfulfilled obligations including but not limited to any repairs or remedies improvements to the condition of Landlord provided herein or at lawthe Premises that need to be addressed prior to Tenant surrendering the Premises, Tenant has fulfilled such obligations, and Tenant has not caused any damage to the Premises following such Walk-Through.

Holding Over. In addition Except as set forth below, if Tenant continues to performing all occupy the Premises after the expiration or other termination of this Lease or the termination of Tenant’s right of possession with respect to the Premises, such occupancy shall be that of a tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of this Lease (other obligations hereunderthan provisions relating to length of the Term); provided, if in such event, for the first sixty (60) days of such holdover, monthly Base Rent will remain the then applicable Base Rent payable during the last month of the Term and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease (all of which shall be prorated on a per diem basis for any partial month); and thereafter, for the next sixty (60) days, the monthly Base Rent will be increased to an amount equal to one hundred twenty-five (125%) percent of the monthly Base Rent payable during the last month of the Term, and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease (all of which shall be prorated on a per diem basis for any partial month); and thereafter monthly Base Rent will be increased to one hundred fifty (150%) percent of the monthly Base Rent payable during the last month of the Term, and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease (all of which shall be prorated on a per diem basis for any partial month). Tenant retains shall pay such rents without the requirement for demand or notice by Landlord to Tenant demanding delivery of possession of the Premises or any part thereof after the expiration of the Term, such holding over (but Additional Rent shall be on the terms and conditions continue as set forth provided in this Lease), as far as applicable, except that Tenant which sum shall pay, as a use and occupancy charge with respect to, be payable in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during advance on the first day of each month, and such tenancy shall continue until terminated by Landlord by notice to Tenant given at least thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration intended date of the Term and after such initial termination, or until Tenant shall have given to Landlord, at least thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately days prior to the expiration intended date of termination, a written notice of intent to terminate such tenancy, which termination date must be as of the Term or (y) one twelfth end of the annual fair market rent a calendar month. The time limitations described in this Article 40 shall not be subject to extension for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day Force Majeure. The provisions of the Term. Amounts due as aforesaid this Article 40 shall not be prorated construed to relieve Tenant from liability to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon damages resulting from any such holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any if such holdover by Tenant for holder exceeds a period of longer than thirty (30) days, or preclude Landlord from implementing summary dispossess proceedings, so long as Landlord advises Tenant as to the potential liability for such damages at least thirty (30) days prior to the Expiration Date; provided, in no event shall Tenant be liable to Landlord for any consequential, special or punitive damages as a result of any holdover tenancy hereunder. The provisions of this ARTICLE 19 Article 40 shall not be deemed to limit survive the expiration or constitute a waiver sooner termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all If Tenant (directly or through any successor-in-interest of Tenant’s other obligations hereunder, if Tenant retains ) remains in possession of all or any portion of the Premises or any part thereof after the expiration or termination of this Lease without the Termconsent of Landlord, Tenant’s continued possession shall be on the basis of a tenancy at the sufferance of Landlord. In such event, Tenant shall continue to comply with or perform all the terms and obligations of Tenant under this Lease, except that the Monthly Base Rent during Tenant’s holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% greater of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual then fair market rent for the Premises under (as reasonably determined by Landlord) or one hundred twenty-five percent (125%) of the Monthly Base Rent payable in the last full month prior to the termination hereof (and shall be increased in accordance with Subparagraph 4(b) [Adjustments in Base Rent]). In addition to Rent, Tenant shall pay Landlord for all damages proximately caused by reason of the Tenant’s retention of possession. Landlord’s acceptance of Rent after such termination shall not constitute a one (1) year lease commencing renewal of this Lease, and nothing contained in this provision shall be deemed to waive Landlord’s right of re-entry or any other right hereunder or at law. Tenant acknowledges that, in Landlord’s marketing and re-leasing efforts for the Premises, Landlord is relying on Tenant’s vacation of the Premises on the day immediately succeeding the last day of the TermExpiration Date. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionAccordingly, Tenant shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, costs, expenses and damages arising or resulting directly or indirectly from Tenant’s failure to timely surrender the Premises, including (i) any loss, cost or damages suffered by, any prospective tenant of all or any part of the Premises, and (including, without limitation reasonable attorneys’ feesii) which Landlord may suffer Landlord’s damages as a result of such prospective tenant rescinding or refusing to enter into the prospective lease of all or any portion of the Premises by reason of any such holdover by failure of Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawtimely surrender the Premises.

Holding Over. In addition Tenant will not be permitted to performing all of Tenant’s other obligations hereunder, if Tenant retains hold over possession of the Premises or any part thereof after the expiration or earlier termination of the TermTerm without the express written consent of Landlord, such holding which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over shall be on after the terms and conditions as set forth in this Leaseexpiration or earlier termination of the Term with or without the express written consent of Landlord, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect tothen, in addition to all other charges for which remedies available to Landlord, Tenant would be liable hereunder if it were occupying during shall become a tenant at sufferance only, upon the term of terms and conditions set forth in this Lease so far as applicable (including Tenant’s obligation to pay all Additional Rent under this Lease), during the first thirty but at a Monthly Base Rent equal to one hundred fifty percent (30150%) days of such holdover 150% of the Monthly Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect applicable to the last full calendar month Premises immediately prior to the date of such expiration or earlier termination. Any such holdover Rent shall be paid on a per month basis without reduction for partial months during the holdover. Acceptance by Landlord of the Term and Rent after such initial thirty (30) day period for each calendar month expiration or portion thereof during which such holdover continues, as earlier termination shall not constitute consent to a use and occupancy charge with respect to, hold over hereunder or result in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term an extension of this Lease, an amount equal . This Section 21.2 shall not be construed to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect create any express or implied right to the last full calendar month immediately prior to holdover beyond the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Termany extension thereof. Amounts due as aforesaid Tenant shall be prorated liable, and shall pay to Landlord within ten (10) days after demand, for partial months on all losses incurred by Landlord as a per diem basis. Notwithstanding anything to the contrary herein containedresult of such holdover, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant and shall indemnify, defend and hold Landlord and the Landlord’s Parties harmless from and against any lossall liabilities, cost or damages damages, losses, claims, suits, costs and expenses (including, without limitation including reasonable attorneys’ feesfees and costs) which Landlord may suffer by reason of arising from or relating to any such holdover tenancy, including without limitation, any claim for damages made by Tenant for a period succeeding tenant. Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of longer than thirty (30) daysthis Lease. The foregoing provisions of this ARTICLE 19 shall Section 21.2 are in addition to, and do not be deemed to limit affect, Landlord’s right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein hereunder or otherwise at lawlaw or in equity.

Holding Over. In addition If Tenant shall continue to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of occupy the Premises or any part thereof after the expiration termination of this Lease without the Termprior written consent of Landlord, such holding over tenancy shall be on a month-to-month tenancy at sufferance. The period of any hold over tenancy by Tenant shall be subject to all the terms and conditions provisions of this Lease (other than any provisions for allowances, abatements or other financial concessions, Landlord’s Work, or optional rights of Tenant requiring Tenant to exercise the same by written notice, such as set forth in this Lease, as far as applicableany options to extend the Term or to expand the Premises), except that Tenant shall paypay Landlord from time to time, upon demand, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseperiod, an amount equal to One Hundred Fifty Percent (150% %) of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing in effect on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months termination date, computed on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any monthly basis for each month or part thereof during such holding over by Tenant in the Premisesover. In addition, Tenant shall be liable to Landlord for and shall indemnify, defend (with counsel acceptable to Landlord) and hold harmless Landlord harmless from and against any all loss, cost cost, liability and damages suffered or damages (incurred by Landlord as a result of Tenant’s holding over including, without limitation reasonable attorneys’ feeslimitation, (i) any payment or rent concession which Landlord may suffer be contractually required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) by reason of the late delivery of space to the New Tenant as a result of Tenant’s holding over or in order to induce such New Tenant not to terminate its lease by reason of the holding over by Tenant, and (ii) the loss of the benefit of the bargain if any such holdover New Tenant shall terminate its lease by Tenant for reason of the holding over by Tenant. Acceptance by Landlord of any Rent after termination shall not constitute a period of longer than thirty (30) days. The provisions renewal of this ARTICLE 19 Lease or consent to such hold over occupancy, nor shall not be deemed to limit it waive Landlord’s right of re-entry or constitute a waiver of any other rights right contained in this Lease or remedies of Landlord provided herein or at lawby Law.

Holding Over. In addition the event of holding over by Tenant with respect to performing all or any portion of the Leased Premises after the expiration or termination of the Lease Agreement, such holding over shall constitute a tenancy at sufferance relationship between Landlord and Tenant and all of the terms and provisions of this Lease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay to Landlord for the first (1st) month (or any portion thereof) during the period of such hold over an amount equal to one hundred fifty percent (150%) of the Rent payable by Tenant for the month immediately preceding the holdover period and two hundred percent (200%) of the Rent payable by Tenant for the month immediately preceding the holdover period for any month thereafter (or portion thereof). The rental payable during such hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease Agreement except as herein provided. In the event of any unauthorized holding over, Tenant shall also indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties (as defined on Exhibit H) against all claims for damages against the Landlord Parties as a result of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises Leased Premises, including, without limitation, claims for damages by any other party to which Landlord may have leased, or entered into an agreement to lease, all or any part thereof of the Leased Premises effective upon the termination of this Lease Agreement. Notwithstanding anything herein to the contrary, Landlord and Tenant specifically agree that no notice to terminate Tenant's tenancy hereunder will be required from and after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms Term of this Lease for and with respect to the last full calendar month immediately prior to the expiration Agreement under Section 91.001 or Section 24.005 of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as Texas Property Code before Landlord files a use and occupancy charge with respect to, in addition to all other charges for which forcible detainer suit on grounds that the Tenant would be liable hereunder if it were occupying during is holding over beyond the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration end of the Term or renewal period (yif any) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon hereof; and any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 sublease hereunder shall not be deemed to limit or constitute approved unless it also contains a specific comparable waiver of any other rights or remedies of Landlord provided herein or at lawby the subtenant thereunder.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains Lessee shall surrender possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to upon the expiration of the Term or (y) one twelfth termination of this Lease. If Lessee shall continue to occupy or possess the Premises after such expiration or termination, then unless Lessor and Lessee have otherwise agreed in writing, Lessee shall be deemed to be a trespasser. Notwithstanding such status, all of the annual fair market rent terms, provisions and conditions of this Lease shall apply to Lessee's holdover occupancy except those terms, provisions and conditions pertaining to the Term, and except that the Base Rent shall be immediately adjusted upward upon the expiration or termination of this Lease to one hundred fifty percent (150%) of the Base Rent for the Premises under a one (1) year lease commencing on the day in effect immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything prior to the contrary herein contained, Landlord shall have the right expiration or termination of this Lease. This holdover occupancy may be terminated by Lessor upon ten (10) days' prior notice to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the PremisesLessee. In additionthe event that Lessee fails to surrender the Premises upon such termination or expiration, Tenant then Lessee shall indemnify, defend and hold Landlord Lessor harmless against all loss or liability resulting from and against any lossor arising out of Lessee's failure to surrender the Premises, cost or damages (including, without limitation reasonable but not limited to, any amounts required to be paid to any tenant or prospective tenant who was to have occupied the Premises after said termination or expiration and any related attorneys’ fees) ' fees and brokerage commissions. No payment of money by Lessee to Lessor after the termination of this Lease by Lessor, or after the giving of any notice of termination to Lessee by Lessor which Landlord Lessor is entitled to give Lessee under this Lease, shall reinstate, continue or extend the Term of this Lease or shall affect any such notice given to Lessee prior to the payment of such money, it being agreed that after the service of such notice or the commencement of any suit by Lessor to obtain possession of the Premises, Lessor may suffer receive and collect when due any and all payments owed by reason Lessee under this Lease, and otherwise exercise any and all of its rights and remedies. The making of any such holdover payments by Tenant for a period Lessee or acceptance of longer than thirty (30) days. The provisions of this ARTICLE 19 same by Lessor shall not be deemed to limit waive such notice of termination, or constitute a waiver of in any other rights manner affect any pending suit or remedies of Landlord provided herein or at lawjudgment obtained.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains If Subtenant holds possession of the Premises or any part portion thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term or earlier termination of this LeaseSublease, during the first thirty then Subtenant shall become a tenant at sufferance only, at a sublease base rental rate equal to one hundred fifty percent (30150%) days of such holdover 150% of the Base Rent and in effect upon the Adjustment Amount date of such expiration or termination, plus all additional rent payable under by Subtenant hereunder (pro-rated on a daily basis) (such amounts, collectively, the terms “Holdover Rent Payments”). Acceptance by Sublandlord of rent after such expiration or termination date shall not result in a renewal of this Lease for Sublease and shall not waive or modify Sublandlord’s rights to pursue any and all legal remedies available to Sublandlord under applicable law with respect to such holding over by Subtenant. It is acknowledged that if Subtenant holds over after the expiration or earlier termination of this Sublease, Sublandlord may be subject to holdover rent with respect to the last full calendar month immediately prior Premises under the Master Lease. Accordingly, (i) Sublandlord expressly reserves the right to the expiration require Subtenant to surrender possession of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises upon the expiration of the Term or (y) one twelfth of upon the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have earlier termination hereof and the right to commence eviction proceedings against Tenant immediately upon assert any remedy at law or in equity to evict Subtenant and/or collect damages in connection with any such holding over by Tenant in the Premises. In additionover, Tenant and (ii) Subtenant shall indemnify, defend and hold Landlord Sublandlord harmless from and against any lossand all Claims, cost including, without limitation, attorneys’ fees incurred or damages suffered by Sublandlord by reason of Subtenant’s failure to surrender the Premises on the expiration or earlier termination of this Sublease in accordance with the provisions of this Sublease (including, without limitation reasonable attorneys’ feeslimitation, the cost of all rent payable by Sublandlord with respect to the Premises under the Master Lease caused by or resulting from Subtenant’s holdover) which Landlord may suffer by reason of any to the extent greater than the Holdover Rent Payments, unless Subtenant has vacated the Premises in accordance with the terms hereof and such holdover by Tenant rent with respect to the Premises is due to the negligence or willful misconduct of Sublandlord. Notwithstanding the foregoing, Subtenant shall be entitled to make separate arrangements with Master Landlord permitting Subtenant to SMRH:473310031.19 -17- 000 XXXXXX XXXXX XXXXXXXXX. SUBLEASE - PROTHENA BIOSCIENCES FINAL EXECUTION VERSION 0SDM-159614 SV\1619361.8 remain in the Premises after expiration of the Term, provided, that, (a) Sublandlord is released from its obligation to surrender the Premises to Master Landlord under the terms of the Master Lease, and (b) the Master Lease terminates with respect to the Premises for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawall purposes on the Expiration Date.

Holding Over. In addition the event Tenant or any party under Tenant claiming rights to performing all of Tenant’s other obligations hereunderthis Lease, if Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, such possession shall constitute and be construed as far a tenancy at will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant hereunder; such parties shall be subject to immediate eviction and removal and Tenant or any such party shall pay Landlord as rent for the period of such holdover an amount equal to one and one-half (I - 1/2) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, except that prorated on a daily basis. Tenant shall pay, also pay any and all damages sustained by Landlord as a use result of such holdover provided Landlord has notified Tenant, 30 days prior, of the potential damages that Landlord will incur. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of Article 2. Tenant will vacate the Premises and occupancy charge deliver same to Landlord within 15 days of Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with respect toor without consent of Landlord, in addition shall operate to all other charges for which Tenant would be liable hereunder if it were occupying during extend the term of this Lease, during ; no payments of money by Tenant to Landlord after the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms expiration or earlier termination of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month shall reinstate, continue or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during extend the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent ; and the Adjustment Amount payable under the terms no extension of this Lease for and with respect to the last full calendar month immediately prior to after the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid earlier termination thereof shall be prorated for partial months on a per diem basis. Notwithstanding anything valid unless and until the same shall be reduced to the contrary herein containedwriting and signed by both Landlord and, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawTenant.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains shall for any reason remain in possession of the Premises or any part thereof Leased Property after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day earlier termination of the Term. Amounts due as aforesaid , such possession shall be prorated for partial months on as a per diem basis. Notwithstanding anything month-to-month tenant during which time Tenant shall pay as rental each month, (a) one hundred fifty percent (150%) of the aggregate of (i) the Minimum Rent payable with respect to the contrary herein containedLeased Property during the last Lease Year of the preceding Term, Landlord shall have plus any charges or penalties for late payment, (ii) one-twelfth (1/12) of the right aggregate Additional Rent payable with respect to commence eviction proceedings against Tenant immediately upon the Leased Property during the last Lease Year of the preceding Term, excluding therefrom, however, any holding over Impositions and insurance premiums, (iii) all Additional Rent accruing during the month, excluding therefrom, however, any Impositions and insurance premiums; (b) all Impositions and insurance premiums accruing during the month; and (c) all other sums, if any, payable by Tenant in pursuant to the Premisesprovisions of this Lease with respect to the Leased Property . In additionDuring any such period of month-to-month tenancy, Tenant shall indemnifybe obligated to perform and observe all of the terms, defend covenants and hold conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to month-to-month tenancies, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Landlord harmless from to the holding over of Tenant after the expiration or earlier termination of this Lease. During any such period of month-to-month tenancy, Tenant shall deliver to Landlord, at the end of each Lease Year, the Officer's certificates referred to in Section 3.2.1. Notwithstanding the foregoing, if Landlord is not prepared to take possession of the Leased Property at the end of the Term, or otherwise to transfer possession of the Leased Property to a new tenant, and against any lossprovided that Tenant is not responsible for Landlord's inability to do so, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason and Tenant shall negotiate in good faith as to the payment of any such Minimum Rent and/or Additional Rent during the holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawperiod.

Holding Over. In addition Subtenant shall have no right to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of occupy the Premises or any part portion thereof after the expiration of this Sublease or after termination of this Sublease or of Subtenant's right to possession in consequence of an Event of Default hereunder. In the Termevent Subtenant or any party claiming by, such through or under Subtenant holds over (including removal of all personal property and fixtures required to be removed and returning the Premises to Sublandlord in the condition required hereunder) by the Expiration Date or earlier termination of this Sublease, Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Premises, and Subtenant shall indemnify and hold harmless Sublandlord in respect of any and all holdover charges or penalties imposed under the Prime Lease upon Sublandlord in respect of the entire Leased Space and in respect of any and all other damages, costs, liabilities or expenses (including attorneys' fees) suffered by Sublandlord in respect of Subtenant's holding over shall be on the terms and conditions as set forth in this Leaseover, as far as applicableand when such costs, except liabilities or expenses are incurred. In addition, for each and every month or partial month that Tenant Subtenant or any party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Premises after the expiration of this Sublease or after termination of this Sublease or Subtenant's right to possession, Subtenant shall pay, as minimum damages and not as a use and occupancy charge with respect topenalty, in addition monthly rental at a rate equal to all other charges (1) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150holding over, 125% of the greater of (i) the rate of Base Rent and the Adjustment Amount Additional Rent payable under the terms of this Lease for and with respect to the last full calendar month by Subtenant hereunder immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this LeaseSublease or of Subtenant's right to possession, an amount equal to 150% of the higher of or (xii) the Base Rent rate of base rent and additional rent payable by Sublandlord for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month Premises, on a square footage basis, immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession, and (2) thereafter, 150% of the Term greater of (i) the rate of Base Rent and Additional Rent payable by Subtenant hereunder immediately prior to the expiration or other termination of this Sublease or of Subtenant's right to possession, or (yii) one twelfth the rate of the annual fair market base rent and additional rent payable by Sublandlord for the Premises under Premises, on a one (1) year lease commencing on square footage basis, immediately prior to the day immediately succeeding the last day expiration or other termination of the Termthis Sublease or of Subtenant's right to possession. Amounts due as aforesaid The acceptance by Sublandlord of any lesser sum shall be prorated construed as payment on account and not in satisfaction of damages for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any such holding over by Tenant in the Premisesover. In additionno event shall any such holding over, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer the receipt by reason Sublandlord of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of amounts set forth in this ARTICLE 19 shall not Section 19, be deemed to limit create any month to month or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawtenancy.

Holding Over. Except to the extent (if any) expressly set forth in Section 1.1(u), there are no options to renew or extend the Term. In addition to performing all of Tenant’s other obligations hereunder, if the event Tenant retains or any party claiming under Tenant remains in possession of the Premises or any part thereof after the expiration of this Lease without Landlord’s consent, no tenancy or interest in the TermPremises will result, and such holding over action shall result in unlawful detainer and that party shall be on subject to immediate eviction and removal. In the terms and conditions as set forth event Tenant remains in this Leasepossession of the Premises after the expiration of the Lease Term with Landlord’s consent but without the execution of a new lease, as far as applicable, except that Tenant it shall pay, be deemed to be occupying the Premises as a use tenant from month to month at a rental equal to one hundred fifty-percent (150%) of the Minimum Guaranteed Rental herein provided and occupancy charge with respect to, in addition otherwise subject to all other charges for which Tenant would be liable hereunder if it were occupying during the term conditions, provisions and obligations of this Lease, during including, but not limited to, Tenant’s obligation to pay Additional Rent adjusted as necessary or appropriate to make the first thirty (30) days of such holdover 150% same applicable to a month to month tenancy. In the event Tenant remains in possession of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal Tenant shall also pay to 150% Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including without limitation the higher loss of (x) the Base Rent and the Adjustment Amount payable under the terms any proposed subsequent tenant for any portion of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionTENANT HEREBY WAIVES ALL RIGHT TO ANY NOTICE TO QUIT THE PROPERTY WHICH MAY BE REQUIRED UNDER ANY LAWS NOW OR HEREAFTER ENACTED AND IN FORCE IN PENNSYLVANIA, Tenant shall indemnifyINCLUDING BUT NOT LIMITED TO THE LANDLORD AND TENANT ACT OF 1951, defend and hold Landlord harmless from and against any lossACT OF APRIL 6, cost or damages (including1951, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysAS AMENDED. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawTENANT AGREES TO GIVE UP QUIET AND PEACEABLE POSSESSION OF THE PROPERTY AT THE END OF THE LEASE TERM WITHOUT FURTHER NOTICE FROM LANDLORD.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If the Tenant retains possession or any person or entity claiming by or under Tenant remains in occupancy of the Premises or any part thereof after beyond the expiration or earlier termination of the Termthis Lease, such holding over shall be on the terms without right and conditions as set forth in this Leasea tenancy at sufferance, as far as applicable, except that and Tenant shall pay, be liable to Landlord for any loss or damage incurred by Landlord as a result thereof, including consequential damages. In addition, for each month or any part thereof that such holding over continues, Tenant shall pay to Landlord a monthly fee for the use and occupancy charge with respect to, in addition of the Premises equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty one hundred fifty percent (30150%) days of such holdover 150% of the Base Rent payable for the month immediately preceding such hold over, and the Adjustment Amount payable under the terms of this Lease there shall be a pro-rata adjustment for and with respect any partial month. In addition to the last full calendar month immediately prior to the expiration payment of the Term and after such initial thirty (30) day period amounts provided above, if Landlord is unable to deliver possession of the Premises to a new tenant, or to perform improvements for each calendar month or portion thereof during which such holdover continuesa new tenant, as a use and occupancy charge with respect toresult of Tenant's holdover, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this LeaseTENANT SHALL BE LIABLE TO LANDLORD FOR, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedAND SHALL PROTECT LANDLORD FROM AND INDEMNIFY AND DEFEND LANDLORD AGAINST, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionALL LOSSES AND DAMAGES, Tenant shall indemnifyINCLUDING ANY CLAIMS MADE BY ANY SUCCEEDING TENANT RESULTING FROM SUCH FAILURE TO VACATE, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysAND ANY CONSEQUENTIAL DAMAGES THAT LANDLORD SUFFERS FROM ANY HOLDOVER THAT EXTENDS BEYOND THE DATE THE TERM EXPIRES OR IS OTHERWISE TERMINATED. The provisions of this ARTICLE 19 Section shall not be deemed to limit or constitute a waiver exclude any of Landlord's rights of re-entry or any other rights right granted to Landlord hereunder, at law or remedies of Landlord provided herein or at lawin equity.

Holding Over. In addition Should Tenant or any of its successors in interest continue to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of hold the Premises after termination of this Lease, whether such termination occurs by lapse of time or otherwise, with Landlord’s acquiescence, and without any part thereof after distinct agreement between the expiration parties, then for the first six (6) month period of the Termsuch holding over by Tenant, such holding over shall constitute and be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, construed as a use and occupancy charge with respect to, in addition tenancy at will at a monthly rental equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150125% of the monthly rental (including Base Rent Monthly Rental and any adjusted and additional rent) provided herein at the Adjustment Amount payable under time of such termination. At all times following the terms first six (6) month period of this Lease for such holding over by Tenant, such holding over shall then constitute and with respect be construed as a month to month tenancy at will at a monthly rental equal to one hundred fifty percent (150%) of the last full calendar month immediately monthly rental (including Base Monthly Rental and any adjusted and additional rent). At all times during the period of such holding over by Tenant (but only during such period of such holding over by Tenant and not prior to the expiration of the Term and after such initial normal term of this Lease), Tenant shall be entitled to terminate this Lease upon thirty (30) days prior written notice to Landlord. Similarly, at all times following the first six (6) month period of such holding over by Tenant, Landlord shall be entitled to terminate this Lease upon sixty (60) days prior written notice to Tenant and at all times following the expiration of such sixty (60) day notice period for each calendar month or portion thereof during which such holdover continuesfrom Landlord to Tenant, Tenant shall be regarded as a use tenant at sufferance and occupancy charge with respect tonot as a tenant at will; subject, in addition however, to all other charges for which the terms, provisions, covenants and agreements on the part of Tenant would be liable hereunder if it were occupying hereunder. At all times during the term period of this Leasesuch tenancy at sufferance, an amount equal no payments of money by Tenant to 150% of Landlord after the higher of (x) the Base Rent and the Adjustment Amount payable under the terms termination of this Lease for shall reinstate, continue, renew or extend the Term and with no extension of this Lease after the termination hereof shall be valid unless and until the same shall be reduced to writing and signed by both Landlord and Tenant. With respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid such tenancy at sufferance, Tenant shall be prorated liable to Landlord for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, all damage which Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any suffer by reason of Tenant’s holding over by Tenant in the Premises. In addition, and Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer all claims made by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights tenant or remedies prospective tenant against Landlord resulting from delay by Landlord in delivering possession of Landlord provided herein the Premises to such other tenant or at lawprospective tenant.

Holding Over. In addition Tenant will, at the termination of this Lease by lapse of time or otherwise, surrender immediate possession to performing all of Tenant’s other obligations hereunder, if Landlord. If Landlord agrees in writing that Tenant retains possession of the Premises or any part thereof may holdover after the expiration or termination of this Lease and if the Termparties do not otherwise agree in writing, such holding the hold over tenancy shall be on subject to termination by Landlord at any time upon not less than thirty (30) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice. Further, all of the terms and conditions as set forth in provision of this Lease, as far as applicableLease shall be applicable during the holdover period, except that Tenant shall paypay Landlord from time to time upon demand, as a use rent for the period of any holdover, an amount equal to one and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during one-half (1-1/2) times the term of this Lease, during the first thirty (30) days of such holdover 150% sum of the Base Rent and any additional rent, as provided for herein, in effect on the Adjustment Amount payable Termination Date, computed on a daily basis for each day of the holdover period, plus all additional rental and other sums due hereunder. If Tenant shall fail immediately to surrender possession of the Leased Premises to Landlord upon termination of this Lease, by lapse of time or otherwise, and Landlord has not agreed to such continued possession as above provided, then, until Landlord can dispossess Tenant under the terms of this Lease for and with respect hereof or otherwise, Tenant shall pay such Landlord from time to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuestime upon demand, as a use and occupancy charge with respect to, in addition to all other charges rent for which Tenant would be liable hereunder if it were occupying during the term period of this Leaseany such holdover, an amount equal to 150% twice the sum of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease additional rent, as provided for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing herein, in effect on the day immediately succeeding the last Termination Date, computed on a daily basis for each day of the Termholdover period, plus all additional rental and other sums due hereunder. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any No holding over by Tenant in Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly agreed by the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysparties. The preceding provisions of this ARTICLE 19 Article shall not be deemed construed as Landlord's consent for Tenant to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawholdover.

Holding Over. In addition Tenant acknowledges that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Leased Premises, both because Landlord will require an extensive period to performing all locate a replacement tenant and because Landlord will plan its entire leasing and renovation program for the Building in reliance on the expiration dates for leases of Tenant’s other obligations hereunder, space in the Building. Tenant also acknowledges that if Tenant retains fails to surrender the Leased Premises at the expiration or termination of the Term, it will be conclusively presumed that the value to Tenant of remaining in possession, and the loss that will be suffered by Landlord as a result thereof, far exceed the amount of Annual Base Rent and Additional Rent that would have been payable had the Term continued during such holdover period. Therefore, Tenant shall pay to Landlord an amount equal to the greater of (a) fair market rent for the Leased Premises, as reasonably determined by Landlord, or (b) one hundred fifty percent (150%) of the monthly installment of Annual Base Rent and one hundred fifty percent (150%) of one-twelfth (1/12) of the Additional Rent paid by Tenant during the previous calendar year. Such amount shall be paid on the first day of each month or portion thereof for which Tenant shall retain possession of the Leased Premises or any part thereof after the expiration of the Term, such holding over shall be on Term or the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term earlier termination of this Lease, during the first thirty (30) days whether by lapse of time or otherwise. Tenant also shall pay all costs incurred and damages sustained by Landlord, whether direct or consequential, on account of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect holding over. Landlord agrees to the last full calendar month immediately prior use reasonable efforts to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of minimize any such holdover by Tenant for a period of longer than thirty (30) daysconsequential damages, but in no event shall Landlord be obligated to expend any sum or incur any cost in connection with such efforts. The provisions of this ARTICLE 19 Paragraph 18 shall not be deemed to limit or constitute a waiver of or any other rights fights or remedies of Landlord provided herein or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains If Subtenant holds possession of the Premises or any part portion thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term or earlier termination of this LeaseSublease, during the first thirty then Subtenant shall become a tenant at sufferance only, at a sublease base rental rate equal to one hundred fifty percent (30150%) days of such holdover 150% of the Base Rent and in effect upon the Adjustment Amount date of such expiration or termination, plus all additional rent payable under the terms by Subtenant hereunder (pro-rated on a daily basis). Acceptance by Sublandlord of rent after such expiration or termination date shall not result in a renewal of this Lease for Sublease and shall not waive or modify Sublandlord’s rights to pursue any and all legal remedies available to Sublandlord under applicable law with respect to such holding over by Subtenant. It is acknowledged that if Subtenant holds over after the expiration or earlier termination of this Sublease, Sublandlord may be subject to holdover rent with respect to the last full calendar month immediately prior Premises under the Master Lease. Accordingly, (i) Sublandlord expressly reserves the right to the expiration require Subtenant to surrender possession of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises upon the expiration of the Term or (y) one twelfth of upon the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have earlier termination hereof and the right to commence eviction proceedings against Tenant immediately upon assert any remedy at law or in equity to evict Subtenant and/or collect damages in connection with any such holding over by Tenant in the Premises. In additionover, Tenant and (ii) Subtenant shall indemnify, defend and hold Landlord Sublandlord harmless from and against any lossand all claims, cost demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorneys’ fees incurred or damages suffered by Sublandlord by reason of Subtenant’s failure to surrender the Premises on the expiration or earlier termination of this Sublease in accordance with the provisions of this Sublease (including, without limitation reasonable attorneys’ feeslimitation, the cost of all rent payable by Sublandlord with respect to the Premises under the Master Lease caused by or resulting from Subtenant’s holdover). Notwithstanding the foregoing, Subtenant shall be entitled to make separate arrangements with Master Landlord permitting Subtenant to remain in the Premises after expiration of the Term, provided, that, (a) which Sublandlord is released from its obligation to surrender the Premises to Master Landlord may suffer by reason under the terms of any such holdover by Tenant the Master Lease, and (b) the Master Lease terminates with respect to the Premises for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawall purposes on the Expiration Date.

Holding Over. In addition to performing all of TenantIf, with Landlord’s other obligations hereunderexpress written consent, if Tenant retains possession of the Premises or any part thereof after the expiration termination of the Term, (i) unless otherwise agreed in such holding over written consent, such possession shall be on subject to immediate termination by Landlord at any time, (ii) all of the other terms and conditions as set forth provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4 hereof) shall remain in this Leasefull force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, as far as applicable, except that (iii) Tenant shall pay, continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as a use and occupancy charge with respect toLandlord may indicate, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this LeaseLandlord’s sole and absolute discretion, during the first thirty (30) days of such holdover but not more than 150% of the Base Rent due for the last month of the Term, in such written consent, and the Adjustment Amount payable (iv) all other payments shall continue under the terms of this Lease for and with respect to Lease. If Tenant remains in possession of the last full calendar month immediately prior to Premises after the expiration or earlier termination of the Term and after such initial thirty without the express written consent of Landlord, (30A) day period for each calendar month or portion thereof during which such holdover continues, as Tenant shall become a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during tenant at sufferance upon the term terms of this Lease, an amount including the obligation to pay 100% of all Additional Rent due under this Lease, except that the monthly Base Rent shall be equal to 150% of the higher of (x) the Base Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Xxxxxx’s holding over, including consequential damages; provided that, unless Xxxxxxxx gave written notice to Tenant at least 30 days before the Adjustment Amount payable under expiration of the terms Term that a subsequent tenant would be leasing the Premises or any part thereof and that Landlord reasonably anticipates holding Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 13 Exhibit 10.13 over, even for less than 30 days, is reasonably likely to impact Landlord’s delivery schedule to such new tenant, Tenant shall be responsible for consequential damages only once Tenant’s holding over exceeds 30 days. No holding over by Xxxxxx, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for and with respect Tenant to retain possession of the last full calendar month immediately prior to Premises. Acceptance by Landlord of Rent after the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions earlier termination of this ARTICLE 19 Lease shall not be deemed to limit result in a renewal or constitute a waiver reinstatement of any other rights or remedies of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if 41.01 If Tenant retains holds possession of the Demised Premises after the Term, Tenant shall become a month-to-month tenant under the provisions herein provided. In such event, for the first ninety (90) days of such holdover, the monthly Fixed Rent will be increased to an amount equal to one hundred twenty-five (125%) percent of the monthly rent payable during the last month of the Term, and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease; and thereafter monthly Fixed Rent will be increased to one hundred fifty (150%) percent of the monthly rent payable during the last month of the Term, and any other sums due under this Lease will be payable in the amount and at the times specified in this Lease. Tenant shall pay such rents without the requirement for demand or any part thereof after notice by Landlord to Tenant demanding delivery of possession of the Demised Premises (but all Real Estate Taxes, Utility Charges and other amounts payable by Tenant shall continue as provided in this Lease), which sum shall be payable in advance on the first day of each month, and such tenancy shall continue until terminated by Landlord by notice to Tenant given at least thirty (30) days prior to the intended date of termination (which notice may, at Landlord’s option, precede the expiration of the Term), such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that or until Tenant shall payhave given to Landlord, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty at least sixty (3060) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration intended date of termination, a written notice of intent to terminate such tenancy, which termination date must be as of the Term and after such initial thirty (30) day period end of a calendar month. The time limitations described in this Article 41 shall not be subject to extension for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysForce Majeure. The provisions of this ARTICLE 19 Article 41 shall not be deemed construed to limit relieve Tenant from liability to Landlord for damages resulting from any such holding over, or constitute preclude Landlord from implementing summary dispossess proceedings; provided, in no event shall Tenant be liable to Landlord for any consequential, special or punitive damages as a waiver result of any other rights holdover tenancy hereunder. The provisions of this Article 41 shall survive the expiration or remedies sooner termination of Landlord provided herein or at lawthis Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges the greater of (x) 150% for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (301st) sixty (60) days of such holdover 150and 200% thereafter of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Nothing in the foregoing nor any other term or provision of this Lease shall he deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by reason Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such holdover sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant for a period of longer than thirty (30) days. The provisions of to Landlord and any damages to which Landlord may be entitled under this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or Lease and at lawlaw and in equity.

Holding Over. In addition to performing all If Tenant, with the prior consent of Tenant’s other obligations hereunderOwner, if Tenant retains possession shall continue its occupancy of the Premises or any part thereof after the expiration of the Initial Lease Term, such holding over or any Extended Term, the occupancy shall not be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition deemed to all other charges for which Tenant would be liable hereunder if it were occupying during extend or renew the term of this Lease, during and such occupancy shall constitute a tenancy from month to month, subject to all of the first thirty (30) days terms of such holdover this Lease, except the term, and except that the Monthly Base Rent and Additional Rent for each month of continued occupancy shall be not less than 150% of the Monthly Base Rent and Additional Rent for the Adjustment Amount payable under last full month of the terms Initial Lease Term, or any applicable Extended Term. Notwithstanding the foregoing sentence to the contrary, if Tenant has given Owner timely written notice that Tenant desires to extend the term of this Lease for and with respect to the last full calendar month immediately prior to beyond the expiration of the Extended Term and after Tenant and Owner have entered into negotiations regarding the terms and conditions of such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesadditional extended term, as a use and occupancy charge with respect to, in addition then Tenant shall not be required to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the pay Monthly Base Rent and Additional Rent at the Adjustment Amount payable holdover rate under this Section 1n, and instead shall continue to pay Monthly Base Rent and Additional Rent at the terms rate in effect for the last month of the Extended Term, provided that (1) Owner shall not be obligated to grant any extension of this Lease for beyond the Extended Term and with respect to the last full calendar month immediately prior to the expiration of the Term or (y2) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord Owner shall have the right to commence eviction proceedings against terminate any negotiations regarding the additional extended term upon three (3) days written notice to Tenant immediately upon and Tenant shall, as of the expiration of the Extended Term, be deemed to be a holdover tenant, with a month-to-month tenancy at a rental rate of 150% of the Monthly Base Rent and Additional Rent for the last full month of the Extended Term. If Tenant continues its occupancy of the Premises after the expiration of the Initial Lease Term, or any holding over by Tenant applicable Extended Term, without the consent of Owner, in the Premises. In additionaddition to any remedies available to Owner at law and under this Lease, Tenant shall indemnify, defend be liable for Owner's incidental and hold Landlord harmless from and against any loss, cost or consequential damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer sustained by reason virtue of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawTenant's holding over.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises Premises, or any part thereof thereof, after the expiration or earlier termination of this Lease, Tenant shall pay Landlord rent at an annual rate equal to double the Rent payable for the year immediately preceding said holdover computed on a per month basis, for the period Tenant thus remains in possession, and Tenant shall also pay Landlord all damages sustained by Landlord by reason of such retention of possession. If Tenant retains possession of the TermPremises, or any part thereof, for thirty (30) days after the expiration or termination of this Lease, then at the sole option of Landlord expressed by written notice to Tenant, but not otherwise, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms renewal of this Lease for and with respect to the last full calendar month immediately prior to the expiration a period of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding same terms and conditions contained herein, except that the last day annual Fixed Rent shall be increased to the fair annual rental value of the Term. Amounts due Premises, as aforesaid determined by Landlord, but in no event shall such Fixed Rent be prorated for partial months on a per diem basis. Notwithstanding anything to less than one and one-half times the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant highest Fixed Rent specified in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysParagraph 3. The provisions of this ARTICLE 19 shall Paragraph do not be deemed to limit waive the Landlord's right of re-entry or constitute a waiver of any other rights right hereunder. TENANT EXPRESSLY WAIVES TO LANDLORD THE BENEFIT TO TENANT OF 68 P.S. (S)250.501, AS APPROVED APRIL 6, 1951, ENTITLED "LANDLORD AND TENANT ACT OF 1951," AS MAY BE AMENDED FROM TIME TO TIME, REQUIRING NOTICE TO QUIT UPON THE EXPIRATION OF THE TERM OF THIS LEASE OR AT THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF, OR UPON ANY EARLIER TERMINATION OF THIS LEASE, AS HEREIN PROVIDED. TENANT COVENANTS AND AGREES TO VACATE, REMOVE FROM AND DELIVER UP AND SURRENDER THE POSSESSION OF THE PREMISES TO LANDLORD UPON THE EXPIRATION OF THE TERM OR UPON THE EXPIRATION OF ANY EXTENSION OR RENEWAL THEREOF OR UPON ANY EARLIER TERMINATION OF THIS LEASE, AS HEREIN PROVIDED WITHOUT SUCH NOTICE. Tenant only waives notice with respect to the expiration or remedies prior termination of Landlord provided herein or at lawthe term of the Lease and does not waive any other protections.

Holding Over. In addition to performing all of Tenant’s other obligations hereunderthe event that Tenant shall not immediately surrender the Demised Premises on the Expiration Date or any extension thereof, if Tenant retains possession shall, by virtue of the Premises or any part thereof provisions hereof, become a month-to-month Tenant at a monthly Basic Annual Rent equal to the then current market rent for similar properties, as Landlord shall determine, which said monthly tenancy shall commence with the first day after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease. The Tenant, during as a month to month tenant, shall be subject to all of the first conditions and covenants of this Lease as though the same had originally been a month to month tenancy. In the event of such month to month tenancy, Tenant shall give to Landlord at least thirty (30) days written notice of such holdover 150% any intention to quit the Building, and Tenant shall be entitled to thirty (30) days written notice to quit the Building, except in the event of nonpayment of Basic Annual Rent in advance, in which event Tenant shall not be entitled to any notice to quit, the Base Rent and usual thirty (30) days notice to quit being hereby expressly waived. Notwithstanding the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately foregoing, if at any time either prior to the expiration date of this Lease or after Tenant shall become a month-to-month tenant, Landlord shall give Tenant written notice stating that Landlord has another potential tenant for the Term Demised Premises and after such initial naming said Tenant, and Tenant shall fail to quit the Demised Premises on the expiration date of this Lease or thirty (30) day period for each calendar month or portion thereof during which such holdover continuesdays after receipt of the notice, as a use and occupancy charge with respect towhichever is later, in addition to all other charges for which then Tenant would shall be liable hereunder if it were occupying during to Landlord for all damages resulting from Tenant’s failure to quit the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Demised Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawrequired.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect toan amount equal to the greater of (x) 200% of the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the rate payable under the terms of this Lease immediately prior to the commencement of such holding over, or (y) the fair market rental value of the Premises, in addition to all other charges each case for the period measured from the day on which Tenant’s hold-over commences and terminating on the day on which Tenant would vacates the Premises. Notwithstanding the foregoing, for the first sixty (60) days of any holding over, the percentage figure set forth above shall instead be liable hereunder if it were occupying during 150%. In addition, Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this Lease. Notwithstanding the foregoing, however, Tenant shall not be liable for indirect or consequential damages incurred by Landlord during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant Tenant. Nothing in the Premisesforegoing nor any other term or provision of this Lease shall be deemed to permit Tenant to retain possession of the Premises or hold over in the Premises after the expiration or earlier termination of the Lease Term. In additionAll property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other charges payable hereunder by Tenant shall indemnify, defend to Landlord and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) to which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of be entitled under this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or Lease and at lawlaw and in equity.

Holding Over. In addition Tenant shall not be permitted to performing all of Tenantholdover and the Tenant acknowledges it may not do so without the Landlord’s other obligations hereunderconsent which may be denied for any reason or no reason. Notwithstanding the foregoing, if Tenant retains possession of the Premises or any part thereof after the expiration or termination of the Term or Tenant’s right to possession of the Premises, Tenant shall pay Rent during such holding over at (i) for up to the first three (3) months of such holding over, one hundred fifty percent (150%) of the most recent Base Rent (but not Additional Rent, which shall remain at then applicable amounts without inflation or penalty) in effect immediately preceding such holding over, computed on a monthly basis for each such month (or, if a partial month, on a prorated basis for such partial month) that Tenant remains in possession, and (ii) for any period of such holding over exceeding the holdover period described in subclause (i) above, two hundred percent (200%) of the most recent Base Rent (but not Additional Rent, which shall remain at then applicable amounts without inflation or penalty) in effect immediately preceding such holding over, computed on a monthly basis for each such additional month (or, if a partial month, on a prorated basis for such partial month) that Tenant remains in possession. For any such holding over that exceeds thirty (30) days, Tenant shall also pay, indemnify and defend Landlord from and against all claims and actual damages sustained by reason of Tenant's holding over (it being understood that any out-of-pocket costs, expenses or damages or rental abatements due from Landlord to any tenant who will be leasing all or any portion of the Premises following the Term hereof shall be included in such damages being indemnified by Tenant hereunder). At Tenant's request made at any time during the last six (6) months of the Term, such holding over Landlord shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that notify Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% any leasing of the Base Rent and Premises (or any portion thereof) for a term commencing following the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month termination or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the Tenant's right to commence eviction proceedings against possession hereunder, which may give rise to indemnification obligations of Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) dayspursuant to this Section 20. The provisions of this ARTICLE 19 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 deemed a consent by Landlord to limit Tenant's remaining in possession or constitute a waiver be construed as creating or renewing any Lease or right of any other rights or remedies of tenancy between Landlord provided herein or at lawand Tenant.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges the greater of (x) one hundred fifty percent (150%) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty sixty (3060) days of such holdover 150% holdover, and two hundred percent (200%) thereafter, of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any if such holdover by Tenant continues for a period of longer more than thirty (30) days. The provisions , Tenant shall save Landlord, its agents and employees harmless and will exonerate, defend and indemnify Landlord, its agents and employees from and against any and all damages which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains remains in possession of the Demised Premises or any part thereof after the expiration of the Terminitial Lease Term or any renewal Term without the execution of a new lease, such holding over it shall be on deemed to be a tenant from month-to-month, subject to all conditions, provisions and obligations of this Agreement insofar as the terms and conditions as set forth in this Lease, as far as applicable, same are applicable to a month-to-month tenancy except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and shall be [Number] times the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month Base Rent applicable immediately prior to the expiration of the Term Term. Use, Occupancy and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a Condition of Premises. With respect to use and occupancy charge occupancy: A) Use and Occupancy. Tenant shall use and occupy the Demised Premises for the commercial purpose of [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord.Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with respect toall applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in addition the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% tenants or occupants of the higher of (x) Real Property; and shall comply with all the Base Rent rules and the Adjustment Amount payable under the terms of this Lease for and requirements promulgated by Landlord with respect to the last full calendar month immediately prior Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the expiration entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Term Demised Premises, or (y) one twelfth on other areas of the annual fair market rent for Real Property without the Premises under a one (1) year lease commencing on the day immediately succeeding the last day prior written consent of the TermLandlord. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.☐

Holding Over. In addition Tenant shall, at the termination of this Lease by lapse of time or otherwise, yield up immediate possession to performing all of Tenant’s other obligations hereunder, if Landlord. If Tenant retains or any party claiming under Tenant remains in possession of the Premises Premises, or any part portion thereof after at the expiration termination of this Lease, no tenancy or interest in the TermPremises shall result therefrom, unless Landlord elects as hereinafter provided, but such holding over shall be on an unlawful detainer and all such parties shall be subject to immediate eviction and removal. If, without the terms and conditions as set forth written consent of Landlord, Tenant or any party claiming under Tenant remains in possession of the Premises, or any part thereof, after the termination of this Lease, Landlord may, in addition to its other rights, including without limitation, rights of ejectment and damages, elect, in its sole discretion, to treat such holding over by Tenant as far a creation of a month-to-month tenancy subject to all of the terms, covenants and conditions in this Lease insofar as applicablethe same are applicable to a month-to- month tenancy, except that Tenant shall pay, as pay a use and occupancy charge with respect to, monthly Basic Rental in addition an amount equal to all other charges for which Tenant would be liable hereunder if it were occupying one hundred fifty percent (150%) of the monthly Basic Rental in effect during the last month of the term of this Lease. In the event Tenant holds over pursuant to this Section 18, during the first then Tenant shall give Landlord at least thirty (30) days prior written notice of such holdover 150% of any intention to quit the Base Rent Premises and the Adjustment Amount payable under the terms of this Lease for and with respect Tenant shall be entitled to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month days prior written notice to quit the Premises, except in the event of nonpayment of rent in advance or portion thereof during which such holdover continues, as a use and occupancy charge with respect tothe breach of any other covenant by Tenant, in addition which event, Tenant shall not be entitled to all other charges for which any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived. If Landlord agrees in writing that Tenant would be liable hereunder if it were occupying during may hold over after the term expiration or termination of this Lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the holdover tenancy shall be subject to termination by either Landlord or Tenant at any time upon not less than thirty (30) days advance written notice (except in the event of nonpayment of rent in advance or the breach of any other covenant by Tenant, in which event, Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived), and all of the other terms and provisions of this Lease shall be applicable during that period, except Tenant shall pay Landlord in advance, as the monthly Basic Rental for the period of any holdover, an amount equal to one hundred fifty percent (150% %) of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing monthly Basic Rental in effect on the day immediately succeeding the last termination date, computed on a daily basis for each day of the Termholdover period. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any No holding over by Tenant Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLease.

Holding Over. In addition If Tenant continues to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of occupy the Original Premises or any part thereof after the expiration of the TermVacation Period (as defined in Section 1.02 above), such holding over occupancy of the Original Premises after the expiration of the Vacation Period shall be on that of a tenancy at sufferance and in no event for month-to-month or year-to-year, but Tenant shall, throughout the entire holdover period, be subject to all the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant provisions of the Lease and shall pay, as a pay for its use and occupancy charge with respect to, in addition an amount (on a per month basis without reduction for any partial months during any such holdover) equal to all other charges for which Tenant would be liable hereunder if it were occupying during twice the term of this Lease, during the first thirty (30) days of such holdover 150% sum of the Base Rent and Additional Rent due for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month period immediately prior to the expiration of the Term and after preceding such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesholding over, as a use and occupancy charge with respect to, provided that in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the no event shall Base Rent and Additional Rent during the Adjustment Amount payable under holdover period be less than the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent rental for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the TermOriginal Premises. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any No holding over by Tenant in the PremisesOriginal Premises or payments of money by Tenant to Landlord after the expiration of the Vacation Period shall be construed to prevent Landlord from recovery of immediate possession of the Original Premises by summary proceedings or otherwise. In additionaddition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall indemnifybe liable to Landlord for all damage, defend and hold Landlord harmless from and against including any lossconsequential damage, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover 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 other tenant or prospective tenant. Notwithstanding the foregoing, if Tenant continues to occupy the Original Premises, but for a period of longer less than thirty (30) days. The provisions 30 days after the expiration of the Vacation Period, Tenant shall be charged the holdover rent set forth in this ARTICLE 19 shall not be deemed to limit or constitute Section 10 on a waiver of any other rights or remedies of Landlord provided herein or at lawper diem basis only.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains Subtenant shall surrender possession of the Premises or any part thereof after immediately upon the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the Sublease term or earlier termination of this Lease, during the first thirty (30) days Sublease in accordance with all of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of the Master Lease. If Subtenant shall continue to occupy or possess the Premises after such expiration or termination without the consent of Sublandlord, then unless Sublandlord and Subtenant have otherwise agreed in writing, Subtenant shall be a tenant at sufferance and not a tenant from month-to-month. All the terms, provisions and conditions of this Lease for Sublease shall apply to such tenancy at sufferance except those terms, provisions and with respect conditions pertaining to the last full calendar Sublease term, provided that the monthly Base Rent shall be immediately adjusted upward upon the expiration or termination of this Sublease to one hundred fifty percent (150%) of the monthly Base Rent for the Premises in effect under this Sublease during the month that includes the day immediately prior to the expiration date of the Term and after such initial thirty (30) day period for each calendar month expiration or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this LeaseSublease. Further, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant Subtenant shall indemnify, protect, defend with counsel reasonably acceptable to Sublandlord and hold Landlord harmless Sublandlord from and against any lossand all claims, cost or damages liabilities, judgments, causes of action, damages, losses, costs and expenses (including, without limitation including reasonable attorneys’ ' fees and experts' fees) which Landlord may suffer caused by reason or arising in connection with Subtenant's failure to surrender possession of any such holdover the Premises to Sublandlord upon expiration of the Sublease term and in the manner required by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Master Lease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to 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 (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 either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that for and with respect to the last full calendar initial two (2) months of holdover the monthly Basic Rent shall be one hundred fifty percent (150%) of the Basic Rent for the month immediately prior preceding the date of termination, and thereafter the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the TermLease Term shall, under no circumstances, give rise to any type of tenancy. Any payments by Tenant after the expiration of the Lease Term shall be for use and occupancy only, shall in no way be relied upon to establish any type of tenancy, and shall be considered to be liquidated damages and not a penalty. Such payments shall be due from Tenant at the greater of the Applicable Holdover Percentage (as defined below) of (i) the Annual Fixed Rent and at the full amount of the Additional Rent provided for herein immediately prior to such holding over expiration, or (ii) the Fair Market Rent. Tenant's occupancy shall otherwise be on the terms and conditions as set forth in this Lease, as far as applicable. The "Applicable Holdover Percentage" shall be one hundred fifty (150%) percent for the first six months of such holding over, except and two hundred (200%) percent for any time thereafter. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant, including without limitation the right to terminate such tenancy as provided by law at any time after the expiration of the Lease Term, or the right to obtain possession of the Premises, and any right to damages in the event that Tenant shall payTenant's holding over causes Landlord to suffer any loss. Notwithstanding the foregoing however, Landlord specifically agrees to stay the execution of any court order providing for delivery of possession of the Premises to Landlord until the expiration of the first nine (9) months of any such holdover. Landlord also specifically agrees to waive the right to claim such actual damages in excess of the Applicable Holdover Percentage of Annual Fixed Rent and Additional Rent or Fair Market Rent, as a use and occupancy charge with respect tothe case may be, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and solely with respect to the last full calendar first nine (9) months of any such holdover, Landlord and Tenant agreeing that Landlord's damages in the event of a holding over by Tenant after the expiration of the Lease Term are difficult to ascertain, and that the provisions of this Section 20.17 reflect a reasonable estimate of Landlord's damages. From and after the expiration of such nine (9) month immediately period, actual damages may be recovered in addition to the Applicable Holdover Percentage of Annual Fixed Rent and Additional Rent, or Fair Market Rent, as the case may be, including any damages accruing from and after the expiration of such nine (9) month period relating to any loss, cost or damage, whether first incurred prior to the expiration of such period or thereafter. Nothing in this Section 20.17 shall be deemed to imply any right of Tenant to stay in the Term and Premises after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Lease Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law.

Holding Over. In addition Provided Lessee gives written notice to performing all Lessor of Tenant’s other obligations hereunderLessee's intent not to exercise any renewal options provided herein or negotiate a new lease for the Leased Premises, if Tenant Lessee shall have the right to hold over for a period not exceeding one (1) year from the expiration of the Lease Term (the "Holdover Period"). Said right shall be contingent upon Lessor receiving the aforesaid written notice six (6) months prior to the expiration of the Lease Term, which notice shall specify the length of the Holdover Period. If Lessee retains possession of the Leased Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this Lease, Lessee shall pay Rent (including Base Rental and Additional Rent) during the first thirty six (306) days of such holdover 150% month period commencing upon the termination of the Base Lease Term at a rate of one hundred ten percent (110%) of the Rent payable on the last month of the Lease Term computed on a daily basis for each day that Lessee remains in possession. The rate used to compute Rent for holding over after the initial six (6) month period referenced above shall increase to one hundred fifty percent (150%) of the Rent payable on the last month of the Lease Term computed on a daily basis for each day Lessee remains in possession. Except for the increased Rent, all other terms and the Adjustment Amount payable under the terms conditions of this Lease for shall remain in full force and with respect to effect during the last full calendar month immediately prior to Holdover Period. Upon the expiration of the Term and after such initial thirty latter of the (30i) day period for each calendar month Lease Term, or portion thereof during which such holdover continues(ii) the Holdover Period specified in Lessee's notice to Lessor, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would Lessee shall be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect pay to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due Lessor, all damages, consequential as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedwell as direct, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer sustained by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLessee's holding over beyond the Holdover Period, if any.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to 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 (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 either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that the monthly Basic Rent shall be the greater of (a) one hundred fifty percent (150%) of the Basic Rent for and with respect to the last full calendar month immediately prior preceding the date of termination for the initial two (2) months of holdover and two hundred percent (200%) of the Basic Rent for the 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 of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute a consent to a holdover or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason result in a renewal of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all the event Lessee does not immediately surrender the Demised Premises on the date of Tenant’s other obligations hereunder, if Tenant retains possession expiration of the Premises term of this Lease or any part thereof extension period thereof, Lessee shall, by virtue of this section of the Lease, become a lessee by the month and hereby agrees to pay to Lessor a Monthly Rent equal to 125% of the amount of this Monthly Rent in effect during the last month of the term of this Lease as it may have been extended as and for liquidated damages because the damage to Lessor as a result of such holding over are difficult or impossible to determine. The month-to-month tenancy shall commence with the first day next after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during . Lessee as a month-to-month tenant shall continue to be subject to all of the first conditions and covenants of this Lease. Lessee shall give to Lessor at least thirty (30) days written notice of such holdover 150% any intention to quit the Demised Premises. Lessee shall be entitled to thirty (30) days written notice to quit the Demised Premises, except in the event of nonpayment of the Base modified Monthly Rent and in advance, in which event Lessee shall not be entitled to any notice to quit, the Adjustment Amount payable under usual thirty (30) days notice to quit being hereby expressly waived. In the terms of this Lease for and with respect to the last full calendar month immediately prior to event Lessee holds over after the expiration of the Term term of the Lease or extension period thereof, and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition Lessor desires to all other charges for which Tenant would be liable hereunder if it were occupying during regain possession of the Demised Premises promptly at the expiration of the term of this LeaseLease or extension period thereof, an amount equal then at any time prior to 150% Lessor's acceptance of modified Monthly Rent from Lessee as a month-to-month tenant hereunder, Lessor, at its option, may forthwith re-enter and take possession of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Demised Premises without process, or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon by any holding over by Tenant legal process in force in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) jurisdiction in which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Building is located.

Holding Over. In addition If Tenant, or anyone claiming under Tenant, fails to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of vacate and surrender the Premises or any part thereof after to Landlord at the expiration end of the Term, such holding over then Tenant shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect totenant at sufferance and, in addition to all other charges damages and remedies to which Landlord may be entitled for which such holding over Tenant would be liable hereunder if it were occupying shall pay Rent at a monthly rate equal to one and one-half (1 ½) times the sum of the Basic Rent plus Additional Rent payable during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term for the entire holdover period, calculated and pro-rated on a daily basis, and Tenant shall otherwise continue to be subject to all of Tenant’s obligations under this Lease. No holding over by Tenant after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use the end of the Term shall be construed to extend this Lease. If Tenant fails to vacate and occupancy charge with respect tosurrender the Premises to Landlord at the end of the Term, in addition to all any other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal liabilities to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionaccruing therefrom, Tenant shall indemnifyprotect, defend defend, indemnify and hold Landlord harmless from and against any lossall losses, cost or damages costs (including, without limitation including reasonable attorneys’ fees) which and liabilities resulting from such failure, including any claims made by any succeeding tenant founded upon such failure to vacate and surrender the Premises to Landlord, and any lost profits to Landlord may suffer by reason resulting therefrom. Notwithstanding the foregoing, any holding over with the express written consent of Landlord shall constitute this Lease a lease from month-to-month (and shall not constitute a renewal of this Lease for any such holdover by further term or an extension of the Term), and Tenant for shall pay Rent at a period monthly rate equal to one hundred fifty percent (150%) of longer than thirty (30) daysthe sum of the Basic Rent plus the Additional Rent payable during the last calendar month of the Term, calculated and prorated on a daily basis, and Tenant shall otherwise be subject to all of the terms and conditions of this Lease. The provisions of this ARTICLE 19 Section 21 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. The provisions of this Section 21 shall survive the expiration or earlier termination of the Term.

Holding Over. In addition to performing all of Tenant’s If Tenant shall, for any reason other obligations hereunderthan if required by this Lease or by Landlord, if Tenant retains remain in possession of the Premises or any part thereof Leased Property after the expiration or earlier termination of the TermTerm as to such Leased Property, such holding over shall possession shall, at the option of Landlord, in its sole discretion as to each such Leased Property, be on the terms and conditions as set forth in this Lease, as far as applicable, except that a month-to-month tenant during which time Tenant shall pay, pay as a use and occupancy charge rental each month (which rental constitutes liquidated damages with respect toto Fixed Rent, in addition and not a penalty, for the period to all other charges for which it relates), one and one-half (11/2) times the aggregate of the Fixed Rent payable by Tenant would be liable hereunder if it were occupying during pursuant to the term provisions of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and in each case, with respect to the last full calendar month immediately prior to Leased Property(ies) in question (determined on the expiration basis of the Term and after such initial thirty (30) day period aggregate Tenant’s Proportionate Share of each applicable Tenant for each calendar month the affected Leased Properties without adjustment or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% removal of the higher Tenant’s Proportionate Share for such Leased Property pursuant to Section 17.9 hereof). During such period of (x) month-to­month tenancy, Tenant shall be obligated to perform and observe all of the Base Rent terms, covenants and the Adjustment Amount payable under the terms conditions of this Lease for and with respect to the last full calendar month immediately prior Leased Property(ies) in question (including, but not limited to, its obligation to pay Additional Rent), but shall have no rights hereunder other than the right, to the expiration extent given by law to month-to-month tenancies, to continue its occupancy and use of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Termapplicable Leased Property(ies). Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against terminate Tenant’s month-to-month tenancy at any time after giving Tenant immediately upon ten (10) days’ prior written notice, and at any holding over by Tenant in time thereafter, Landlord may re-enter and take possession of the Premises. In additionNothing contained herein shall constitute the consent, express or implied, of Landlord to the holding over of Tenant after the expiration or earlier termination of this Lease. The terms of this Section 19 shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, be without limitation reasonable attorneys’ fees) which upon any other right Landlord may suffer by reason have hereunder, at law or in equity, on account of any such holdover by Tenant for a period of longer than thirty (30) dayswith respect to the applicable Leased Property(ies). The provisions obligations of Tenant and the rights of Landlord contained in this Section 19 shall survive the expiration or earlier termination of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLease.

Holding Over. In addition If Tenant fails to performing all of Tenant’s other obligations hereunder, if Tenant retains possession vacate the Premises at the end of the Premises or any part thereof after the expiration of the Lease Term, Tenant shall be treated as a tenant at sufferance and such holding over tenancy shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect toan amount equal to the greater of (x) the sum of (i) the Holdover Percentage, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseas hereinafter defined, during the first thirty (30) days of such holdover 150% of the Base Annual Fixed Rent and (ii) one hundred percent (100%) of the Adjustment Amount Additional Rent calculated (on a daily basis) at the rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term holding over or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Xxxxxx’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. As used herein, the “Holdover Percentage” shall mean one hundred fifty percent (150%) for the first sixty (60) days of such holding over, and two hundred percent (200%) thereafter. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer on account of Tenant’s hold-over in the Premises after the expiration or prior termination of the Lease Term, provided, however, that in no event shall Tenant be liable for indirect or consequential damages suffered by reason Landlord on account of Tenant’s holding over in the Premises during the first ninety (90) day period immediately following the expiration of the Lease Term (it being understood and agreed that Tenant shall be liable for any indirect or consequential damages suffered by Landlord on account of any such holdover holding over by Tenant for a period Xxxxxx from and after the ninety-first (91st) day immediately following the expiration of longer than thirty (30) daysthe Lease Term). The provisions Nothing in the foregoing nor any other term or provision of this ARTICLE 19 Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All of Tenant’s Property which remains in the Building or the Premises after the expiration or termination of this Lease or, if applicable, any holding over period, shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Xxxxxx to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of shall vacate the Demised Premises or any part thereof after immediately upon the expiration of the Term, such holding over shall be on the terms and conditions as set forth in Lease Term or earlier termination of this Lease, as far as applicable, except that . Tenant shall pay, reimburse Landlord for and indemnify Landlord against all damages incurred by Landlord as a use and occupancy charge with respect toresult of any delay by Tenant in vacating the Demised Premises, in addition to all other charges for which PROVIDED, HOWEVER, IN NO EVENT SHALL TENANT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS SUSTAINED BY LANDLORD AS A RESULT OF ANY HOLDING OVER BY TENANT UNLESS AND UNTIL SUCH HOLDING OVER HAS CONTINUED FOR MORE THAN THIRTY (30) DAYS AFTER THE EXPIRATION OR ANY EARLIER TERMINATION OF THIS LEASE. TENANT MAY HOLD OVER FOR A PERIOD OF THIRTY (30) DAYS WITHOUT AN INCREASE OF BASE RENT PROVIDED THAT THE TENANT IS NOT IN DEFAULT AND FURTHER PROVIDED THAT TENANT GIVES WRITTEN NOTICE OF THE HOLDOVER TO LANDLORD AT LEAST 90 DAYS PRIOR TO EXPIRATION OF THE LEASE TERM. If Tenant would be liable hereunder if it were occupying during does not vacate the term Demised Premises upon the expiration of the Lease Term or earlier termination of this Lease, during the first thirty (30) days of such holdover 150% Tenant’s occupancy of the Base Rent and the Adjustment Amount payable under Demised Premises shall be a day-to-day tenancy, subject to all of the terms of this Lease for Lease, except that the Base Rent during the holdover period shall be increased to an amount which is one and with respect to a half (1.5) times the last full calendar month immediately prior to Base Rent in effect on the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease computed on a daily basis for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last each day of the Termholdover period, plus all additional sums due under this Lease. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 This paragraph shall not be deemed construed as Landlord’s consent for Tenant to limit hold over or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawto extend this Lease.

Holding Over. In addition to performing all the event of Tenant’s other obligations hereunder, if holding over by Tenant retains possession of the Premises or any part thereof after the expiration ------------ or termination of this Lease, the Term, such holding hold over shall be on as a Tenant at will and all of the terms and conditions as set forth in provisions of this Lease, as far as applicableLease shall be applicable during that period, except that Tenant shall paypay Landlord as rental for the period of such hold over an amount equal to double the rent payable for the month immediately preceding said holding over, computed on a month to month basis (without reduction for any partial months). Xxxxxx agrees to vacate and deliver the Premises to Landlord upon Xxxxxx's receipt of notice from Landlord to vacate. The rental payable during the hold over period shall be payable to Landlord on demand. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except Landlord shall have option to elect to treat such hold over as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms renewal of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall all terms and conditions herein, which election may be prorated for partial months on exercised by Landlord at any time from time to time during a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding hold over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysgiving written notice thereof to Tenant. The provisions of this ARTICLE 19 Paragraph 28 shall not be deemed to limit or constitute a waiver exclude any of Landlord's rights of re-entry or any other rights right or remedies remedy granted to Landlord hereunder or by law. In the event Tenant fails to surrender the Premises upon termination or expiration of this Lease or such month-to-month tenancy, then Tenant shall indemnify Landlord provided herein against all loss, cost, expenses or at lawliability resulting from any delay of Tenant in not surrendering the Premises, including, but not limited to, any amounts required to be paid to third parties who were to have occupied the Premises and any attorney's fees or broker's commissions related thereto.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermLease Term hereof, with or without the consent of Landlord, such holding over tenancy shall be on the terms from month-to-month only, and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount shall be payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as at a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount monthly rate equal to 150% of the higher greater of: (A) the sum of (x) the Base Rent and Tenant’s Share of Operating Expenses due for the Adjustment Amount payable under period immediately preceding the terms of this Lease for and with respect to holdover; or (B) the last full calendar month immediately prior to the expiration sum of the Term or (y) one twelfth of the annual fair market rent for the Premises under and Tenant’s Share of Operating Expenses due for the period immediately preceding the holdover. Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. Such holdover shall not constitute a one (1) year lease commencing on the day immediately succeeding the last day renewal or extension of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Lease Term and Landlord shall have expressly reserves the right to commence eviction proceedings against require Tenant immediately to surrender possession of the Premises to Landlord as provided in this Lease upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 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. In addition to the payment of the amounts provided above, 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 and Tenant fails to vacate the Premises within 15 days after Landlord notifies Tenant of Landlord’s inability to deliver possession, or perform improvements, such failure shall constitute a default hereunder; and notwithstanding any other provision of this Lease to the contrary, Tenant shall be liable to Landlord for, and shall protect Landlord from and indemnify and defend Landlord against, all losses and damages, including any claims made by any succeeding tenant resulting from such failure to vacate, and any consequential damages that Landlord suffers from the holdover. Notwithstanding the foregoing, Tenant shall have no obligation to compensate Landlord for any consequential damages or lost profits suffered by any party in connection with any such holdover, unless, and then only for periods after, Landlord shall have provided written notice to Tenant that a new tenant has entered into a lease for all or a portion of the Premises, and at least thirty (30) days have elapsed since Landlord shall have delivered such notice to Tenant.

Holding Over. In addition Unless Subtenant and Prime Landlord have entered into a Direct Lease and provided written notice thereof to performing all of Tenant’s other obligations hereunderSublandlord, if Tenant retains possession of Subtenant shall have no right to occupy the Premises or any part portion thereof after the expiration of this Sublease or after termination of this Sublease for any reason or after termination of Subtenant’s right to possession in consequence of an Event of Default hereunder. In the event Subtenant or any person claiming by, through or under Subtenant holds over or otherwise remains in possession after the expiration or sooner termination of the Term, such holding over Subtenant shall be on the terms hold Sublandlord harmless and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless indemnify Sublandlord from and against any loss, cost cost, expense, claim or damage arising directly or indirectly therefrom; and Sublandlord may exercise any and all remedies available to it at law or in equity to recover possession of the Premises and to recover damages, including without limitation, any damages (including, without limitation reasonable attorneys’ fees) which payable by Sublandlord to Prime Landlord may suffer by reason of such holdover. In addition to and without limitation of the foregoing, for each and every month or partial month that Subtenant or any such holdover party claiming by, through or under Subtenant remains in occupancy of all or any portion of the Premises after the expiration of this Sublease or after termination of this Sublease or Subtenant’s right to possession, Subtenant shall pay, as minimum damages and not as a penalty, use and occupancy charges at a rate equal to two (2.0) times the rate of Annual Fixed Rent and 100% of the Additional Rent payable by Tenant for a period Subtenant hereunder immediately prior to the expiration or other termination of longer than thirty (30) daysthis Sublease or of Subtenant’s right to possession. The provisions acceptance by Sublandlord of this ARTICLE 19 payment of such damages on account of a holdover shall not be deemed construed as creating any new tenancy or recognizing any continued right to limit use and occupy the Premises after expiration or constitute termination of the Term, except as a waiver tenancy at sufferance, and acceptance of any other rights or remedies lesser sum by Sublandlord shall not be construed to be in satisfaction of Landlord provided herein or at lawdamages for such holding over, but only as a payment on account.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges (A) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30one hundred eighty ( 180) days Tenant holds over after the expiration of such holdover the Term, the greater of (x) 150% of the Base Annual Fixed Rent and Additional Rent (calculated on a daily basis) at the Adjustment Amount rate payable under the terms of this Lease for and with respect to during the last full calendar month immediately prior to the expiration previous twelve (12) months of the Term Term, and after such initial thirty (30y) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% fair market rental value of the higher Premises and (B) thereafter, the greater of (x) 200% of the Base Annual Fixed Rent and Additional Rent (calculated on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent rental value of .the Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant's hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and arid against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer on account of Tenant's hold-over in the Premises after the expiration or prior termination of the Term of this Lease; provided, however, that the foregoing indemnity shall not apply to any indirect or consequential damages incurred by reason Landlord during the first sixty (60) days of any such holdover holding over in the Premises by Tenant for a period of longer than thirty (30) daysTenant. The provisions Nothing in the foregoing nor any other term or provision of this ARTICLE 19 Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be concl usively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. Ifany part thereof shall be sold, then Landlord may recei ve the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing If Tenant remains in possession of all of Tenant’s other obligations hereunder, if Tenant retains possession or any part of the Premises or any part thereof after the expiration of the Termterm hereof, with or without the express consent of Landlord, such holding over tenancy shall be on from month-to-month only, and not a renewal hereof or an extension for any further term, and in such case, rent and other monetary sums due hereunder shall be payable at a rate equal to one hundred fifty percent (150%) of the terms and conditions as set forth rent in this Leaseeffect just prior to such holdover thereafter, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days and the greater of such holdover 150% two hundred percent (200%) of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately rent in effect just prior to holdover thereafter or one hundred fifty percent (150%) of Fair Market Rate as determined reasonably by Landlord at its sole discretion, and if such holding over is without the expiration express consent of Landlord, Tenant shall be liable to Landlord for all reasonable costs and damages caused to Landlord by such holding over. Such month-to-month tenancy shall be subject to every other term, covenant and agreement contained herein. In the event Landlord fails to deliver the Premises on the Commencement Date because the previous occupant of the Term and after such initial thirty (30) day period Premises is holding over, or for each calendar month or portion thereof during which such holdover continuesany other cause beyond Landlord's control, Landlord shall not be liable to Tenant for any damages as a use and occupancy charge with respect toresult of Landlord's delay in delivering the Premises, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during nor shall any delay affect the term validity of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms Commencement Date of this Lease for and with respect shall be postponed until the Premises can be delivered by Landlord. Notwithstanding the foregoing, if Landlord fails to deliver the last full calendar month immediately prior Premises within one hundred twenty (120) days after the Commencement Date, this Lease shall be voidable without further obligation or liability of either party, at the option of Tenant, upon written notice to Landlord within five (5) days after the expiration of said one hundred twenty (120) day period. In the Term or (y) one twelfth event of any postponement of the annual fair market rent Commencement Date as provided in this Paragraph 27, the Lease Term shall remain the same, but the Expiration Date shall be extended for the Premises under a one (1) year lease commencing on same number of days the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawCommencement date was postponed.

Holding Over. In addition the event that Tenant shall continue to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of occupy the Demised Premises or any part thereof after following the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, Landlord may, at its option, convert such occupancy into either a holding over from month to month under the same terms and conditions as prevailed during the first thirty last month of the term demised, with the exception of rent, which shall be at a monthly rate of 1.5 times that payable during the last month of the term demised. Landlord may give to Tenant notice of its intention to convert such continued occupancy into a holding over from month to month or a holding over for a three-month period within ten (3010) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to following the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, which notice shall be effective notwithstanding that Tenant may have vacated the Demised Premises prior to the giving of such notice. If such notice is not given by Landlord, such holding over shall give Tenant no right of Possession or right to receive notice to vacate, and Tenant shall pay Landlord an amount equal to 150% a prorate share of the higher last month's rent for the period of actual occupancy. In any such event, Tenant shall also be liable to Landlord for any damage which Landlord may incur as a result of such holding over, including, but not limited to, damages incurred because of loss of a prospective successor tenant. In the event that Tenant is a month-to-month hold-over Tenant, if Tenant should continue to occupy the Demised Premises following the termination of such hold-over period (x) by proper notice as to such month-to-month tenancy), then the Base Rent and the Adjustment Amount payable under the terms foregoing provisions of this Lease for and with respect to paragraph shall apply in the last full calendar month immediately prior to same manner as when Tenant continued in occupancy following the expiration of the Term or (y) one twelfth original term of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLease.

Holding Over. In addition to performing all Tenant shall pay Landlord one hundred fifty percent (150%) for the first three (3) months, one hundred seventy-five percent (175%) for the next three (3) months and two hundred percent (200%) thereafter of Tenant’s other obligations hereunder, if the amount of Rent then applicable prorated on a full month basis for any full or partial month during which Tenant retains shall retain possession of the Premises or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term or earlier termination of this Lease, during together with all damages sustained by Landlord on account thereof. This provision shall not serve as permission for Tenant to holdover nor serve to extend the first Term (although Tenant shall become a tenant at sufferance bound to comply with all provisions of this Lease until Tenant vacates the Premises; however, Tenant must, once the tenancy at sufferance begins, give Landlord thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect prior written notice to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Termterminate said tenancy at sufferance). Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right, at any time after expiration or earlier termination of this Lease or Tenant's right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in possession, to reenter and possess the Premises. In additionPremises and remove all property and persons therefrom, Tenant and Landlord shall indemnify, defend and hold have such other remedies for holdover as may be available to Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The under other provisions of this ARTICLE 19 Lease or applicable Laws. Tenant shall not pay rent hereunder until such time as all alterations and corrections as may be deemed required to limit be made by Tenant are made and until such time as all fixtures and property as Tenant may be required or constitute entitled to remove have been removed. Notwithstanding anything contained herein to the contrary, Tenant will have no liability for consequential damages resulting from holdover unless at least sixty (60) days prior to the Expiration Date of this Lease Landlord delivers to Tenant a waiver lease between Landlord and an unrelated third party for a term commencing on the Expiration Date of any other rights or remedies of Landlord provided herein or at lawthis Lease. Any consequential damages for which Tenant may be liable will be limited to Landlord's actual lost profit under the successor lease.

Holding Over. In addition At the termination of this Lease by its expiration or otherwise, Tenant immediately shall deliver possessions to performing Landlord with all of Tenant’s other obligations hereunderrepairs and maintenance required herein to be performed by Tenant completed. If, if for any reason, Tenant retains possession of the Premises or any part thereof after the expiration of the Termsuch termination, then Landlord may, at its option, serve written notice upon Tenant that such holding over shall be on constitutes either (i) renewal of this Lease for one year, and from year to year thereafter, (ii) creation of a month to month tenancy, upon the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as or (iii) creation of a use and occupancy charge with respect totenancy at sufferance, in addition any case upon the terms and conditions set forth in this Lease; provided, however, that the monthly rental or daily rental under (iii) shall, in addition, to all other charges for sums which are to be paid by Tenant would hereunder whether or not as additional rent, be liable hereunder if it were occupying during the term of this Lease, during the first thirty equal to one hundred fifty percent (30150%) days of such holdover 150% of the Base Rent and the Adjustment Amount payable rental being paid monthly to Landlord under the terms of this Lease for and with respect to the last full calendar month immediately prior to such termination (prorated in the expiration case of (iii) on the basis of a 365 day year for each day Tenant remains in possession). If no such notice is served then a tenancy at sufferance shall be deemed to be created at the rent in the preceding sentence. Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including the loss of any proposed subsequent tenant for any portion of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Paragraph shall not constitute a waiver by Landlord of any right of re-entry as herein set forth; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease for a breach of any of the terms, covenants, or obligations herein on Tenant's part to be performed. No holding over by Tenant, whether with or without consent of Landlord shall operate to extend this Lease except as otherwise expressly provided. The preceding provisions of this Paragraph 16 shall not be deemed construed as consent for Tenant to limit or constitute a waiver retain possession of any other rights or remedies the Premises in the absence of Landlord provided herein or at lawwritten consent thereto by Landlord.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof If Subtenant holds over after the expiration of the Term, such tenancy shall be from month-to-month only, and not a renewal or an extension for any further term, and such month-to-month tenancy shall be subject to each and every term, covenant and agreement contained herein; provided, however, that Subtenant shall pay as fixed monthly rent during any holding over shall be on period, an amount equal to the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term greater of this Lease, during the first thirty (30a) days of such holdover one hundred fifty (150% %) of the monthly Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month in effect immediately prior to the expiration or earlier termination of this Sublease for each month (or portion thereof) that such failure(s) continue(s), and (b) the holdover rent and other charges Sublandlord is required to pay to Master Landlord under the Master Lease due to Subtenant’s Holding Over, which shall be paid in satisfaction of such holdover rent, and not in addition; further, provided, however, that nothing in this Section 23 shall be construed as a consent by Sublandlord to any holding over by Subtenant and Sublandlord expressly reserves the right to require Subtenant to surrender possession of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Subleased Premises upon the expiration of the Term or (y) one twelfth upon the earlier termination hereof and to assert any remedy in law or equity to evict Subtenant and/or collect damages in connection with such holding over. Subtenant acknowledges that if it holds over beyond the Sublease Expiration Date, such hold over may cause Sublandlord to be in default under the Master Lease, and accordingly, Subtenant shall defend and indemnify Sublandlord for all costs, expenses, claims, suits and legal proceedings suffered by Sublandlord as a result of the annual fair market rent Subtenant’s holding over, including further, without limitation, all claims for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basisdirect, indirect, punitive and consequential damages. Notwithstanding anything to the contrary herein containedstated herein, Landlord shall have to the right extent Subtenant is unable to commence eviction proceedings against Tenant immediately surrender possession of the Subleased Premises upon any holding over by Tenant in expiration of the Premises. In additionTerm due to Force Majeure Events, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Subtenant shall not be deemed to limit or constitute a waiver be in holdover, and the terms of this Paragraph 24 shall not apply, provided however, Subtenant shall indemnify Sublandlord for any other rights or remedies Sublandlord’s damage resulting from Subtenant’s failure to surrender possession of Landlord provided herein or at lawthe Subleased Premises.

Holding Over. Except to the extent (if any) expressly set forth in Section 1.1(u), there are no options to renew or extend the Term. In addition to performing all of Tenant’s other obligations hereunder, if the event Tenant retains or any party claiming under Tenant remains in possession of the Premises or any part thereof after the expiration of this Lease without Landlord's consent, no tenancy or interest in the TermPremises will result, and such holding over action shall result in unlawful detainer and that party shall be on subject to immediate eviction and removal. In the terms and conditions as set forth event Tenant remains in this Leasepossession of the Premises after the expiration of the Lease Term with Landlord's consent but without the execution of a new lease, as far as applicable, except that Tenant it shall pay, be deemed to be occupying the Premises as a use tenant from month to month at a rental equal to one hundred fifty-percent (150%) of the Minimum Guaranteed Rental herein provided and occupancy charge with respect to, in addition otherwise subject to all other charges for which Tenant would be liable hereunder if it were occupying during the term conditions, provisions and obligations of this Lease, during including, but not limited to, Tenant's obligation to pay Additional Rent adjusted as necessary or appropriate to make the first thirty (30) days of such holdover 150% same applicable to a month to month tenancy. In the event Tenant remains in possession of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to Premises after the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal Tenant shall also pay to 150% Landlord all damages sustained by Landlord resulting from retention of possession by Tenant, including without limitation the higher loss of (x) the Base Rent and the Adjustment Amount payable under the terms any proposed subsequent tenant for any portion of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionTENANT HEREBY WAIVES ALL RIGHT TO ANY NOTICE TO QUIT THE PROPERTY WHICH MAY BE REQUIRED UNDER ANY LAWS NOW OR HEREAFTER ENACTED AND IN FORCE IN PENNSYLVANIA, Tenant shall indemnifyINCLUDING BUT NOT LIMITED TO THE LANDLORD AND TENANT ACT OF 1951, defend and hold Landlord harmless from and against any lossACT OF APRIL 6, cost or damages (including1951, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) daysAS AMENDED. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawTENANT AGREES TO GIVE UP QUIET AND PEACEABLE POSSESSION OF THE PROPERTY AT THE END OF THE LEASE TERM WITHOUT FURTHER NOTICE FROM LANDLORD.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges 150% for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) 30 days of such holdover 150(and 200% thereafter) of the Base greater of (x) the Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth the fair market rental value of the annual fair market rent Premises, in each case for the Premises under a one (1) year lease commencing period measured from the day on which Tenant’s hold-over commences and terminating on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against which Tenant immediately upon any holding over by Tenant in vacates the Premises. In addition, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Xxxxxx’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease (or, if later, the day on which Tenant vacates the Premises) shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Xxxxxx to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains possession of the Premises or any part thereof holds over after the expiration of the TermTerm or earlier termination thereof, with or without the express or implied consent of Landlord, such holding over tenancy shall be on the terms from month-to-month only, and conditions as set forth shall not constitute a renewal hereof or an extension for any further term, and in this Lease, as far as applicable, except that Tenant such case Rent shall pay, as be payable at a use and occupancy charge with respect to, in addition monthly rate equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent plus the Additional Rent applicable during the last rental period of the Term under this Lease. Such month-to-month tenancy shall be subject to every other applicable term, covenant and agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant’s remaining in the Adjustment Amount payable under Premises after the expiration or earlier termination of the Term, as required pursuant to the terms of Section 8.5, above, to remove any Alterations or improvements located within the Premises. Nothing contained in this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid Article 16 shall be prorated for partial months on a per diem basis. Notwithstanding anything construed as consent by Landlord to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant, and Landlord expressly reserves the right to require Tenant to surrender possession of the Premises to Landlord as provided in this Lease upon the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 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. If Tenant fails to surrender the Premises upon the termination or expiration of this Lease, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys’ fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. In no event shall Tenant be liable to Landlord or any third party for any damages, costs or expenses of any nature (excepting the holdover rent at the rate contained above in this Article 16) as a result of Tenant’s remaining in possession of the Premises after the expiration or termination of this Lease unless such retention of possession continues for fifteen (15) business days after Tenant’s receipt of written notice from Landlord that it must vacate the Premises within fifteen (15) business days after such notice or be liable for such damages.

Holding Over. In addition If Tenant continues to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of occupy the Premises Second Floor Suites and/or the Subleased Space after the Vacation Date (as defined in Section 2 above) or any part thereof after the expiration of the Subleased Space Term, such holding over as applicable, occupancy of the Second Floor Suites and/or the Subleased Space, as applicable, subsequent to the Vacation Date or the expiration of the Subleased Space Term, as applicable, shall be on that of a tenancy at sufferance and in no event for month-to-month or year-to-year, but Tenant shall, throughout the entire holdover period, be subject to all the terms and conditions provisions of the Lease and shall pay for its use and occupancy the amount (on a per month basis without reduction for any partial months during any such holdover) as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% Section 19.2 of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Original Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any No holding over by Tenant in the PremisesSecond Floor Suites and/or the Subleased Space, as applicable, or payments of money by Tenant to Landlord after the Vacation Date or the expiration of the Subleased Space Term, as applicable, shall be construed to prevent Landlord from recovery of immediate possession of the Second Floor Suites and/or the Subleased Space, as applicable, by summary proceedings or otherwise. In additionaddition to the obligation to pay the amounts set forth above during any such holdover period, Tenant also shall indemnifybe liable to Landlord for all damage, defend and hold Landlord harmless from and against including any lossconsequential damage, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover holding over by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 in the Second Floor Suites and/or the Subleased Space, as applicable, and Tenant shall not be deemed to limit or constitute a waiver of indemnify Landlord against any and all claims made by any other rights tenant or remedies prospective tenant against Landlord for delay by Landlord in delivering possession of Landlord provided herein the Second Floor Suites and/or the Subleased Space, as applicable, to such other tenant or at lawprospective tenant.