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 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 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 to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of 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 new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover 150% period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to the Hold Over Percentage, as hereinafter defined, of the Base Rent and payable by Tenant to Landlord during the Adjustment Amount payable under last month of the terms Term of this Lease for and with respect one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last full calendar month immediately prior to of the Term of this Lease. The “Hold Over Percentage” shall be defined as 150% for the first sixty (60) days of hold over in the Tenant Space by Tenant, or anyone claiming by, through or under Tenant 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 (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space) and 200% for and any period of hold over by Tenant after the first sixty (60) days. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease 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 or at any time during any holdover and the right to commence eviction proceedings against assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages 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 connection with 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 (a) Tenant must obtain the prior consent of Landlord in order to performing all of Tenant’s other obligations hereunder, if Tenant retains remain in possession of the Premises or any part thereof after the expiration Lease end. If Tenant remains in possession of the Term, Premises after Lease end without obtaining the prior consent of Landlord: (i) such holding over occupancy shall constitute an unlawful detainer of the Premises (and Tenant shall be on the terms and conditions as set forth in this Leasesubject to an unlawful detainer action therefor), as far as applicable, except that for which period of occupancy Tenant shall paypay to Landlord a rental (and not a penalty) in the amount of one hundred fifty percent (150%) of the last Rent payable by Tenant to Landlord, as a use and occupancy charge with respect to, in addition to plus all other charges payable under this Lease; and (ii) Tenant shall reimburse Landlord within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, for which all reasonable out-of-pocket costs, expenses, fees, charges or penalties incurred or payable by Landlord in connection with any other tenant or lease for the Premises resulting from the delay by Tenant would be liable hereunder if it were occupying during in surrendering the term Premises in accordance with the provisions of this Lease, during including, without limitation, penalties or holdover rent paid or credit given to the first next tenant for the Premises as a result of late delivery to such tenant of the Premises. (b) If Tenant remains in possession of the Premises after Lease end with the prior consent of Landlord, such occupancy shall be a tenancy from month-to-month on all of the terms of this Lease and provisions of Utah law applicable to a month-to-month tenancy (which tenancy shall be terminable as of the end of any calendar month by written notice given by either Party to the other at least fifteen (15) days prior to the end of the month concerned) at a rental (and not as a penalty) in the amount of one hundred twenty-five percent (125%) of the last Rent payable by Tenant to Landlord, plus all other charges payable under this Lease. (c) Notwithstanding anything contained in this Paragraph 17.2 to the contrary, on any termination of this Lease pursuant to Paragraphs 13 or 14, Tenant shall have up to thirty (30) days to surrender the Premises after the effective date of such holdover 150% of the Base Rent termination, and the Adjustment Amount payable under the terms provisions of this Lease for and with respect to the last full calendar month immediately prior to Paragraph 17.2 shall not be applicable until 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 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 law30)-day period.

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 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 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 should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of 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 new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover 150% period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to [***] of the Base Rent and payable by Tenant to Landlord during the Adjustment Amount payable under last month of the terms Term of this Lease and [***] of the elements of Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for and such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space 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 or upon the earlier termination hereof or at any time during any holdover 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 assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages 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 connection with 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 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 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 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 should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of 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 new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150% %) of the Base Rent and payable by Tenant to Landlord during the Adjustment Amount payable under last month of the terms Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for and such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space 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 or upon the earlier termination hereof or at any time during any holdover 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 assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages 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 connection with 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 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 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 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 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 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 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 to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of 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 new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150% %) of the Base Rent and Additional Rent payable by Tenant to Landlord during the Adjustment Amount last month of the Term of this Lease. The monthly rent payable under the terms for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of consequential or special damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease for and or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. Notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space 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 or upon the earlier termination hereof or at any time during any holdover 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 assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant and collect damages 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 connection with 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 Tenant shall have no right whatsoever to performing all of Tenant’s other obligations hereunder, if Tenant retains remain in possession of the Premises or any part thereof after following the expiration or earlier termination of the Lease Term, such holding over whether or not Landlord has given Tenant notice to vacate. If Tenant does not immediately surrender the Premises upon the expiration or earlier termination of the Lease Term, then Tenant shall become a tenant at sufferance subject to immediate eviction by Landlord at any time, and the rent shall be on increased to 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 (30x) days of such holdover 150% of the Base Annual Fixed Rent and Additional Rent calculated at the Adjustment Amount highest rate payable under the terms of this Lease for and with respect to during the last full calendar month immediately prior to the expiration first 30 days of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which 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 150200% of the higher of (x) the Base Annual Fixed Rent and Additional Rent calculated 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 thereafter, or (y) one twelfth 150% of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day rental value 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 additionSuch rent shall be computed 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. 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 damages, and Tenant shall indemnify, defend and hold Landlord harmless from and against any be liable for all loss, cost and damage incurred by Landlord resulting from Tenant’s failure and delay in surrendering the Premises. 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 charges payable hereunder by Tenant to Landlord and any 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 If Tenant retains or anyone claiming under or through Tenant shall remain in possession of the Demised Premises or any part thereof after the expiration of the Termterm of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall: (a) be deemed a tenant at sufferance, and such occupancy during such holding over shall be on subject to all of the terms applicable tem1s and conditions as set forth of this Lease other than Base Rent and those relating to the length of term, and in addition to the Rents (other than Base Rent) payable pursuant to this Lease, as far as applicable, except that Tenant shall paypay to Landlord an amount equal to the greater of (i) the then fair market rental for the Demised Premises, or (ii) two (2) times the annual rate (determined on a per diem basis, based on a 365-day year) of Base Rent payable during the last year of the tenn of this Lease for each and every day after the expiration of the tenn of this Lease up to and including the day that vacant possession of the Demised Premises is surrendered (and acceptance of Rent or other payments by Landlord shall not create a new or additional tenancy other than as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would aforesaid); (b) be liable hereunder to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Demised Premises (a “New Tenant”) 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 it were occupying during any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (c) indemnify Landlord against all claims for damages by any New Tenant. No holding-over by Tenant, or the payment to Landlord of the amounts specified above, shall operate to extend the term of this Lease, during the first thirty (30) days of such holdover 150% . Nothing herein contained shall be deemed to permit Tenant to retain possession of the Base Rent and Demised Premises after the Adjustment Amount payable under the terms Expiration Date or sooner termination of this Lease for Lease, and with respect to no acceptance by Landlord of payments from Tenant after the last full calendar month immediately prior to the expiration Expiration Date or sooner tem1ination 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 Lease shall be deemed to 150% be other than on account of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect amount 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 paid by Tenant in accordance with 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 lawSection.

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 prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises under a one (1) year lease commencing without the prior written consent of Landlord. ☐ VII. No activity will take place on the day immediately succeeding Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the last day Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back 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 Demised 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 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 (a) require an extension period to performing all locate a replacement tenant, and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges that if Tenant fails to surrender the Premises at the expiration or earlier termination of Tenant’s other obligations hereunderthe 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 holdover period. 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 shall be increased to equal One Hundred Fifty per cent (150%) of the Base Rent, plus Additional Rent and other sums that would have been payable pursuant to the provisions of this Lease if the Lease Term had continued such holdover period. Such rent shall be computed by Landlord on a monthly basis and shall be payable on the terms first day of such holdover period and conditions as set forth in 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, as far as applicableLandlord’s acceptance of such rent shall not in any manner adversely affect Landlord’s other rights and remedies, except including Landlord’s right to evict Tenant and to recover all damages. Any holdover shall be deemed to be a tenancy-at-sufferance and not a tenancy-at-will or tenancy from month-to-month; provided, however, that Tenant shall pay, as a use and occupancy charge with respect toLandlord may, in addition to all its other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseremedies, during the first thirty (30) days of elect, in its sole discretion, to treat such holdover 150% as the creation of a month-to-month tenancy with Tenant. In no event shall any holdover be deemed a permitted extension or renewal of the Base Rent Lease Term, and the Adjustment Amount payable under the nothing contained herein shall be construed to constitute Landlord’s consent to any holdover or to give Tenant any right with respect thereto. Except as otherwise specifically provided in this Article, all terms of this Lease for shall remain in full force 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 effect 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 lawperiod.

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 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 If Tenant (or anyone claiming through Tenant’s other obligations hereunder, if Tenant retains possession ) shall remain in occupancy of the Premises or any part thereof after the expiration or early termination of the TermTerm without a written agreement therefor executed and delivered by Landlord, such holding over then without limiting Landlord's other rights and remedies the person remaining in possession shall be on deemed a tenant at sufferance, and Tenant shall thereafter pay monthly rent (pro rated for such portion of any partial month as Tenant shall remain in possession) at a rate equal to the terms Holdover Rate (defined below) times the greater of (a) fair market rent, or (b) the amount payable as Annual Base Rent for the twelve-month period immediately preceding such expiration or termination, and conditions in either case with all Additional Rent also payable as set forth provided in this Lease. The Holdover Rate shall be 110% for the first month of holding over, as far as applicable120% for the second month of holding over, except that Tenant 130% for the third month of holding over and 150% for each month thereafter. After Landlord's acceptance of the full amount of such rent for the first month of such holding over, the person remaining in possession shall pay, as be deemed a use tenant at will at such rent 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 of the term provisions of this Lease. Notwithstanding the foregoing, during the first thirty (30) days of such holdover 150% if Landlord desires to regain possession of the Base Rent Premises promptly after the termination or expiration hereof 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 acceptance of rent for any period thereafter, Landlord may, at its option, forthwith re-enter and take possession of the Term and after such initial thirty (30) day period for each calendar month Premises or portion any part thereof during which such holdover continues, as a use and occupancy charge with respect to, without process or by any legal process 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 force in the Premisesstate where the Property is located. In additionany case, Tenant shall indemnifyremain liable to Landlord for all damages, defend and hold Landlord harmless including consequential damages, resulting from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover failure by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit vacate the Premises or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawportion thereof when required hereunder.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof (a) Any holding over after the expiration of the Termterm of this Lease by expiration of time or otherwise with the express written consent of Landlord shall be construed to be a tenancy from month-to-month at a rent which shall be determined by Landlord in its reasonable discretion, but in no event less than the Monthly Rent and additional rent payable under this Lease during the last full month prior to the date of such holding over expiration and shall otherwise be on the terms and conditions as set forth in this Lease, as of thin Lease so far as applicablepossible. Acceptance by Landlord of rent after such holding over with Landlord's written consent shall not result in any other tenancy or any renewa1 of the term hereof. (b) If, except that without Landlord's consent, Tenant shall payretain possession of the Premises or part thereof after expiration of the term hereof, by lapse of time or otherwise, than Tenant shall pay Landlord for each month of such retention rent as a use determined by Landlord in its reasonable discretion, but in no event less than one hundred fifty percent (150%) the Monthly Rent and occupancy charge with respect toadditional rent payable under this Lease for the last full month prior to the date of such expiration and shall indemnify Landlord against all losses, in addition costs, claims, liabilities and expenses (including, without limitation, attorneys' fees and expenses) sustained by Landlord by reason of such retention (including, without limitation, claims for damages by any other person to whom Landlord may have leased all other charges for which Tenant would be liable hereunder if it were occupying during or any part of the Premises effective upon the expiration of the term of this Lease, during the first thirty (30) days ). Acceptance by Landlord of rent after such holdover 150% holding over without Landlord's prior written consent shall not constitute a renewal of the Base Rent term hereof or creation of a month-to-month tenancy and Tenant shall be a tenant by sufferance only; provided, however, such holding over shall otherwise be on the Adjustment Amount payable under the same terms and conditions 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, so far as a use and occupancy charge with respect possible. This provision is in addition to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term and does not affect or waive, Landlord's right 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 reentry 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 right or remedies remedy available to Landlord on account of Landlord provided herein or at lawsuch holding over.

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 with the express written 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 Base Rent shall pay, as be payable 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 monthly rate of this Lease, during the first thirty one hundred fifty percent (30150%) 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 during the first two (2) months following the expiration or earlier termination of the Lease Term, and with respect two hundred percent (200%) thereafter. Such month-to-month tenancy shall be subject to the last full calendar month immediately prior to every other applicable term, covenant and agreement contained herein. If Tenant holds over after the expiration of the Lease Term without the express written consent of Landlord, such tenancy shall be a tenancy at sufferance, and after shall not constitute a renewal hereof or an extension for any further term, and in such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as case daily damages in any action to recover possession of the Premises shall be calculated 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 daily rate equal to one hundred fifty percent (150% %) of the higher of (x) the Base Rent and applicable during the Adjustment Amount payable last rental period of the Lease Term 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 calculated on a per diem basis) during the first two (2) months following the expiration or earlier termination of the Lease Term, and two hundred percent (200%) thereafter. 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 vacate and deliver 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 holds over without Landlord’s express written consent, and tenders payment of rent for any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and agrees that the cashing of such check or acceptance of such wire shall be considered inadvertent and not be construed as creating a month-to-month tenancy, provided Landlord refunds such payment to Tenant promptly upon learning that such check has been cashed or wire transfer received. Tenant acknowledges that any holding over without Landlord’s express written consent may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the Premises. Therefore, if Tenant fails to vacate and deliver the Premises within thirty (30) days following 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 and against all claims made by any succeeding tenant founded upon such failure to vacate and deliver, and any losses suffered by Landlord, including lost profits, resulting from such failure to vacate and deliver. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

Holding Over. In addition to performing all 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 hereunder, if If Tenant 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 or earlier termination of this Lease, Tenant shall be a tenant at sufferance. Tenant’s occupancy shall be subject to all the terms and provisions of this Lease, and Tenant shall (a) pay an amount (on a per month basis without reduction for partial months during the first holdover) equal to one hundred fifty percent (150%) of the Monthly Rental Installment (as defined in Section 3.03(a)) due for the period immediately preceding the holdover and the monthly installment of Additional Rent (as defined in Section 3.03(a)) that would be due for the period; (b) if such holdover continues for thirty (30) days after the expiration or earlier termination of such holdover 150% this Lease, be liable to Landlord for any payment or rent concession that Landlord is required to make (and does make) to any tenant obtained by Landlord for all or any part of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect Leased Premises (a “New Tenant”) in order to the last full calendar month immediately prior induce such New Tenant not to the expiration terminate its lease by reason of the Term and after such initial holding-over by Tenant, provided that Landlord notified Tenant of a signed lease with New Tenant at least thirty (30) day period for each calendar month or portion thereof during which days prior to the end of the Lease Term; (c) if such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges continues for which Tenant would be liable hereunder if it were occupying during ninety (90) days after the term expiration or earlier termination of this Lease, an amount equal be liable to 150% Landlord for the loss of the higher benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (xd) indemnify Landlord against all claims for damages by any New Tenant. No holdover by Tenant or payment by Tenant after the Base Rent and the Adjustment Amount payable under the terms termination of this Lease for and with respect shall be construed to extend the last full calendar month immediately prior to the expiration Lease Term or prevent Landlord from immediate recovery of possession of the Term Leased Premises by summary proceedings 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 otherwise, and this Section 2.06 shall be prorated for partial months on a per diem basis. Notwithstanding anything in no way constitute 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 in 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 of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions earlier termination of this ARTICLE 19 shall not be deemed to Lease, nor limit or constitute a waiver of any other rights or Landlord’s remedies of Landlord provided herein or at lawin such event.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if (A) 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 the greater of (x) 150% 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 be liable hereunder if it were occupying during vacates the term of this LeasePremises. Notwithstanding the foregoing, during for the first thirty (30) days of such holdover 150% any holding over, the percentage figure set forth above shall instead be 125%. The payments due under this Section 16.18(A) shall sometimes hereinafter be referred to as “Holdover Use and Occupancy Payments.” (B) 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 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. Notwithstanding the foregoing, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable however, Tenant shall not have liability under the terms first sentence of this Lease Section 16.18(B) for the first five (5) days of any holding over, but Tenant shall nevertheless be liable for Holdover Use and with respect Occupancy Payments and as otherwise as provided in this Lease. With regard to the last full calendar month immediately prior sixth (6th) through fifteenth (15th) days of any holding over, Tenant shall additionally have liability under the first sentence of this Section 16.18(B) provided that such liability shall not exceed any per diem amount that Landlord is required to the expiration of the Term pay or (ycredit to any tenant(s) one twelfth of the annual fair market rent or other occupant(s), or prospective tenant(s) or other occupant(s), for whom the Premises under constitutes or will constitute all or a one portion of its or their premises associated with any day or days of late delivery of said premises (1) year lease commencing on the day immediately succeeding the last whether characterized as damages, credit against rent otherwise payable or otherwise), for each additional 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 commencing with the sixth (6th) day of holding over. The fact that Landlord may not deliver such premises to such tenant(s) or occupant(s) until a later date, due to work Landlord must thereafter perform as a condition to such tenant(s)’ or occupant(s)’ occupancy, or for any other reason, shall not derogate from Tenant’s liability under this Section 16.18 for the aforesaid per diem late delivery compensation, and without regard to whether or not Landlord actually must make such payment or credit. (C) From the sixteenth (16th) day of any holding over and thereafter, there shall no longer be any qualification or limitation upon Tenant’s liability under the first sentence of Section 16.18(B). (D) 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 to performing all of Tenant’s other obligations hereunder, The Lease shall be extended on a month-to-month basis if Tenant retains possession of fails to vacate the Premises upon expiration 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 sooner termination of this Lease. The rent to be paid by ▇▇▇▇▇▇ during such continued occupancy shall be the same being paid by ▇▇▇▇▇▇ as of the date of expiration or sooner termination, during subject to Article 15. Landlord and ▇▇▇▇▇▇ each hereby agree to give the first other Party at least thirty (30) days written notice prior to termination of any holdover tenancy. Fiscal Funding. As set forth in State of Colorado Fiscal Rules and Article 23B. below, this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, ▇▇▇▇▇▇ will take appropriate actions under the laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease shall terminate upon the exhaustion of such holdover 150% appropriation, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to Landlord forty-five (45) days prior to the effective date of termination. Tenant’s obligation to pay rent hereunder constitutes a current expense of Tenant payable exclusively from Tenant's funds and shall not in any way be construed to be a general obligation indebtedness of the Base Rent State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenant, nor Landlord on its behalf, has pledged the full faith and credit of the Adjustment Amount payable under State, or any agency or department thereof to the terms payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder. Federal Funding. If any or all funds for payment of this Lease for and with respect to are provided by 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 continuesFederal Government, 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 is subject to and with respect to contingent upon the last full calendar month immediately prior to the expiration continuing availability 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 containedFederal funds, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionand if such funds are not made available, 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 unilaterally terminate this Lease at the end of any such holdover by Tenant for a period of longer than thirty month after providing ninety (3090) days. The provisions of this ARTICLE 19 shall not be deemed days written advance termination notice to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLandlord.

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 This Lease shall be terminate without further notice on the terms and conditions Lease Expiration Date (as set forth in Article 1). Any holding over by Tenant after expiration of the Lease Term shall neither constitute a renewal nor extension of this LeaseLease nor give Tenant any rights in or to the Leased Premises except as expressly provided in this Paragraph. Any such holding over to which Landlord has consented shall be construed to be a tenancy from month to month, as far on the same terms and conditions herein specified insofar as applicable, except that Tenant the Base Monthly Rent shall paybe increased to an amount equal to one hundred twenty-five percent (125%) of the Monthly Base Rent for the last month immediately preceding such holding over for the first two (2) months or any such holding over, as a use and occupancy charge with respect tothereafter one hundred fifty percent (150%) of the Base Monthly Rent payable during the last full month immediately preceding such holding over. Without limiting the foregoing, in addition the event of a holding over to all other charges for which Landlord has consented, any rights of Landlord or obligations of Tenant would be liable hereunder if it were occupying set forth in this Lease and purporting to apply during the term of this Lease, shall nonetheless also be deemed to apply during any such hold over period. Tenant acknowledges that if Tenant holds over without Landlord’s consent, such holding over may compromise or otherwise affect Landlord’s ability to enter into new leases with prospective tenants regarding the first Leased Premises. Therefore, in the event Tenant does not vacate the Leased Premises in accordance with the terms of this Paragraph 13.2 on or before the expiration of the Lease Term (or the expiration of a holdover term, if applicable) after receiving at least thirty (30) days’ advance written notice from Landlord demanding that Tenant vacate the Leased Premises and otherwise satisfying the requirements set forth below (a “Vacation Notice”), which notice may be given to Tenant at any time during the last sixty (60) 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 during any holding over by Tenant in the Premises. In additionholdover period, Tenant shall indemnifybe liable for all damages (including attorneys’ fees and expenses) of whatever type (including consequential damages) incurred by Landlord as a result of such holding over, defend and Tenant shall protect, defend, indemnify and hold Landlord harmless from and against any lossall claims resulting from such failure to vacate, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer limiting the foregoing, any claims made by reason of any succeeding tenant founded upon such holdover failure to surrender, and any losses suffered by Tenant for a period of longer than thirty (30) daysLandlord, including lost profits, resulting from such failure to surrender. The provisions Vacation Notice shall specifically refer to this Lease and the address of this ARTICLE 19 the Building, and shall not be deemed to limit or constitute a waiver include (on the first page of any other rights or remedies of Landlord provided herein or at lawthe Vacation Notice) the following language in bold, capitalized font: “NOTICE: UNDER PARAGRAPH 13.2 OF THE LEASE, TENANT’S FAILURE TO VACATE THE LEASED PREMISES BY THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM (OR HOLDOVER TERM IF APPLICABLE) MAY RESULT IN SIGNIFICANT DAMAGES TO LANDLORD, INCLUDING CONSEQUENTIAL DAMAGES.”

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 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 Should Tenant, without Landlord's written consent, hold over after termination of this Lease, Tenant shall become a tenant from month-to-month, only upon each and all of Tenant’s other obligations hereunderthe terms herein provided as may be applicable to a month-to-month tenancy 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 greater of (i) the annual Rent that was payable immediately preceding the hold-over period or (ii) the fair rental value of the Premises as determined in accordance with the procedure set forth in Article 2B hereof for determining Fair Market Rent, prorated on a per diem basis, for each day Tenant retains shall retain possession of the Premises or any part thereof after expiration or earlier termination of this Lease ("Holdover Rent"), together with all damages sustained by Landlord on account thereof and all other payments required to be made by Tenant hereunder. In no event shall Tenant be responsible for any consequential or indirect damages of Landlord except as otherwise set forth herein. Notwithstanding anything contained in this Article to the expiration contrary, for the first sixty (60) days of the Termany such holdover, such holding over Tenant shall be on liable to Landlord only for the terms and conditions Holdover Rent as set forth in this Leaseabove. The foregoing provisions shall not serve as permission for Tenant to hold-over, as far as applicable, except that nor serve to extend the Term (although Tenant shall pay, as a use and occupancy charge remain bound to comply 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 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, except as expressly provided hereunder, 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 attorneys’ fees) limitation, claims made by any succeeding tenant with which Landlord may suffer has executed a lease for the Premises as of the expiration date of this Lease, and real estate brokers' claims and attorneys' fees. No acceptance by reason Landlord of any Rent during or for any period following the expiration or termination of the Lease shall operate or be construed as an extension or renewal of the Lease. Should Tenant remain in the Premises on a month-to-month basis with Landlord's express written 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 be deemed ' prior written notice to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe other.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains or anyone claiming under or through Tenant shall remain in possession of the Demised Premises or any part thereof after the expiration of the Termterm of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall: (a) be deemed a tenant at sufferance, and such occupancy during such holding over shall be on subject to all of the applicable terms and conditions as set forth of this Lease other than Base Rent and those relating to the length of term, and in addition to the Rents (other than Base Rent) payable pursuant to this Lease, as far as applicable, except that Tenant shall paypay to Landlord an amount equal to the greater of (i) the then fair market rental for the Demised Premises, or (ii) two (2) times the annual rate (determined on a per diem basis, based on a 365-day year) of Base Rent payable during the last year of the term of this Lease for each and every day after the expiration of the term of this Lease up to and including the day that vacant possession of the Demised Premises is surrendered (and acceptance of Rent or other payments by Landlord shall not create a new or additional tenancy other than as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would aforesaid); (b) be liable hereunder to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Demised Premises (a “New Tenant”) 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 it were occupying during any New Tenant shall terminate its lease by reason of the holding-over by Tenant; and (c) indemnify Landlord against all claims for damages by any New Tenant. No holding-over by Tenant, or the payment to Landlord of the amounts specified above, shall operate to extend the term of this Lease, during the first thirty (30) days of such holdover 150% . Nothing herein contained shall be deemed to permit Tenant to retain possession of the Base Rent and Demised Premises after the Adjustment Amount payable under the terms Expiration Date or sooner termination of this Lease for Lease, and with respect to no acceptance by Landlord of payments from Tenant after the last full calendar month immediately prior to the expiration Expiration Date 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 Lease shall be deemed to 150% be other than on account of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect amount 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 paid by Tenant in accordance with 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 lawSection.

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 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 ▇▇▇▇▇▇’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 ▇▇▇▇▇▇ 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 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 lawTenant’s legal representative and Landlord hereby relinquishes all claims to such PHI and shall comply with the provisions of Section 8.1(l).

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. In addition to performing all of Tenant’s other obligations hereunderExcept as set forth below, if Tenant retains possession of ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ 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) days▇▇▇▇▇▇. 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 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 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 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 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 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 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 (1-1/2) times the Basic Annual Rent and Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, except prorated on a daily basis. Tenant shall also pay actual damages sustained by Landlord by reason of Tenant's holding over after the Required Vacancy Date (hereinafter defined); provided that Tenant shall pay, be liable for lost profits and/or penalties incurred by Landlord in connection with a lease of the Premises to a third party as a use result of Tenant's holding over only if Landlord gives a written notice to Tenant (i) stating that Landlord has entered into a lease with a proposed tenant covering the Premises or a portion thereof and, if less than the entire Premises, identifying the portion of the Premises leased, and occupancy charge (ii) setting forth a date (the "Required Vacancy Date") on which Landlord requires Tenant to vacate the Premises, which date shall be no earlier than the later to occur of (i) thirty (30) days after Tenant's receipt of Landlord's notice, or (ii) the Expiration Date, and Tenant fails to vacate the Premises (or the portion thereof subject to a third-party lease) on or before the Required Vacancy Date. 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 respect tothe provisions of Article 2. Tenant will vacate the Premises and deliver same to Landlord immediately upon Tenant's receipt of notice from Landlord to so vacate. No holding over by Tenant, in addition whether with or without consent of Landlord, 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 or earlier termination thereof shall be valid unless and until the Term or (y) one twelfth of the annual fair market rent for same shall be reduced to writing and signed by both Landlord and Tenant. If Landlord elects to cause Tenant to be ejected from the Premises through judicial process, and without in any way limiting Landlord's rights under a subsection 1.302 above, Tenant agrees that Landlord will not be required to deliver Tenant more than one (1) year lease commencing on the day immediately succeeding the last day days' notice to vacate prior to Landlord's filing 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 Premisesforcible detainer suit. In addition, Tenant agrees that Landlord shall indemnify, defend and hold be entitled to the payment of its reasonable legal fees in the event that Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer prevails in a forcible detainer action brought 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 lawLandlord.

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 of the Premises or any part thereof holds over for more than thirty (30) days after the expiration of the TermLease Term or earlier termination thereof, such holding over tenancy shall be on a tenancy at sufferance, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to the terms and conditions as set forth in product of (i) the daily Rent applicable during the last unabated rental period of the Lease Term under this Lease, as far as applicable, except that Tenant shall pay, as and (ii) a use and occupancy charge with respect to, in addition percentage equal to all other charges for which Tenant would be liable hereunder if it were occupying 125% during the term first three (3) months immediately following the expiration or earlier termination of the Lease Term, and 150% thereafter. Such tenancy shall be subject to every other applicable term, covenant and agreement contained herein. Nothing contained in this Article 16 shall be construed as consent by Landlord to 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 expiration or other termination of this Lease. If Tenant holds over without Landlord’s express written consent, during the first thirty (30) days and tenders payment of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease rent for and with respect to the last full calendar month immediately prior to any period beyond the expiration of the Lease Term by way of check (whether directly to Landlord, its agents, or to a lock box) or wire transfer, Tenant acknowledges and after agrees that the cashing of such initial thirty (30) day period for each calendar month check or portion thereof during which acceptance of 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 wire shall be prorated for partial months on considered inadvertent and not be construed as creating a per diem basis. Notwithstanding anything month-to-month tenancy, provided Landlord refunds such payment to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately promptly 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 learning that such check has been cashed 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) dayswire transfer received. 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 within one (1) month after the termination or expiration of this Lease, then 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. Tenant agrees that any proceedings necessary to recover possession of the Premises, whether before or after expiration of the Lease Term, shall be considered an action to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in connection therewith.

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 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 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 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 Unless Landlord expressly consents in writing to performing all Tenant's holding over, Tenant shall be unlawfully and illegally in possession of Tenant’s the Premises, whether or not Landlord accepts any rent from Tenant or any other obligations hereunder, if person while Tenant retains remains in possession of the Premises without Landlord's written consent. If Tenant shall retain possession of the Premises or any part portion thereof after without Landlord's consent following the expiration of this Lease or sooner termination for any reason, then Tenant shall pay to Landlord for each day of such retention the Termamount-greater of one-hundred and fifty percent (150.0%) of the amount of the daily rental as of the last month prior to the date of expiration or earlier termination or one-hundred and fifty percent (150.0%) of the then current market rent for comparable space in Mountain View. Tenant shall also indemnify, defend, protect and hold Landlord harmless from any loss, liability or cost, including consequential and incidental damages and reasonable attorneys' fees, incurred by Landlord resulting from delay by Tenant in surrendering the Premises, including, without limitation, any claims made by the succeeding tenant founded on such holding over delay. Acceptance of Rent by Landlord following expiration or earlier termination of this Lease, or following demand by Landlord for possession of the Premises, shall be on not constitute a renewal of this Lease, and nothing contained in this Paragraph 25 shall waive Landlord's right of reentry or any other right. Additionally, if upon expiration or earlier termination of this Lease, or following demand by Landlord for possession of the terms Premises, Tenant has not fulfilled its obligation with respect to repairs and conditions cleanup of the 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 time required by Tenant for Landlord to complete such obligations shall be considered a period of longer than thirty (30) daysholding over and the terms of this Paragraph 25 shall apply. The provisions of this ARTICLE 19 Paragraph 25 shall not be deemed to limit survive any 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 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 to performing all of Tenant’s other obligations hereunder, if 9.17.1 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 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%. 9.17.2 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. 9.17.3 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 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 Tenant will, 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 possession of the Leased Premises or any part thereof after the expiration of the Termsuch termination, then Landlord may, at its option and at any time, serve written notice upon Tenant that such holding over shall be on constitutes any one of (i) creation of a month to month tenancy, upon the terms and conditions as set forth in this Lease; or (ii) creation of a tenancy at sufferance, as far as applicablein any case upon the terms and conditions set forth in this Lease; provided, except however, that Tenant shall pay, as a use and occupancy charge with respect tothe monthly Rent (or daily Rent under (ii)) shall, in addition to all other charges sums which are to be paid by Tenant hereunder, whether or not as Additional Rent, be equal to one hundred fifty percent (150%) of the Rent being paid monthly to Landlord under this Lease immediately prior to such termination (prorated in the case of (ii) on the basis of a 365-day year for which each day Tenant would remains in possession). If no such notice is served, then a tenancy at sufferance shall be liable hereunder deemed to be created at the Rent in the preceding sentence. In the event a tenancy at sufferance is created, 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 Leased Premises if it were occupying during the term of this Lease, during the first such tenancy at sufferance continues for more than thirty (30) days of such holdover 150% after Landlord’s notice that Landlord has a subsequent tenant for a portion 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 Leased 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 deemed to limit performed or constitute act as a reformation or novation of this Lease or a waiver of any of Landlord’s rights pursuant to this Paragraph 12, including, without limitation, Landlord’s right to demand at any time one hundred fifty percent (150%) of the Rent for any period of time after the termination of this Lease whether or not Landlord has accepted and deposited any Rent in a lesser amount for such period and whether or not Landlord made any demand for any such Additional Rent, and whether or not Tenant and Landlord are then negotiating for extension or renewal of this Lease or the entry into a new lease for the Leased Premises or for other rights premises and without any condition or remedies of requirement that Landlord provided herein notify Tenant that Tenant’s holding over is wrongful or at lawthat Tenant’s holding over be held to be wrongful.

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 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 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. In addition the case of any holding over or possession by Tenant after the Lease Expiration Date without the Approval of Landlord, Tenant shall be a tenant from month to performing month and shall pay Landlord as Rent an amount per month equal to one and a half times (1.5X) the Rent paid during the immediate past Lease Year. Further, in the event Tenant shall hold over beyond the Lease Expiration Date and any date for surrender of the Leased Premises set forth in Landlord’s written Notice demanding possession thereof given following the Lease Expiration Date, Tenant shall reimburse Landlord for all actual reasonable expenses and losses incurred by Landlord by reason of TenantLandlord’s other obligations hereunder, if Tenant retains inability to deliver possession of the Leased Premises or any part thereof after the expiration to a successor tenant free and clear of the Termpossession of Tenant, together with interest on such expenses at the Default Rate from the date such expenses are incurred until reimbursed by ▇▇▇▇▇▇, together with ▇▇▇▇▇▇▇▇’s reasonable attorneys’ fees, charges and costs. The acceptance of Rent under this Section 22.3 by Landlord shall not constitute an extension of the Term of this Lease or afford Tenant any right to possession of the Leased Premises beyond any date through which such Rent shall have been paid by ▇▇▇▇▇▇ and accepted by Landlord. Such Rent shall be due to Landlord for the period of such holding over, whether or not Landlord is seeking to evict Tenant; and, unless Landlord otherwise then agrees in writing, such holding over shall be, and shall be deemed and construed to be, without the Approval of Landlord, whether or not Landlord has accepted any sum due pursuant to this Section 22.3. Notwithstanding the foregoing to the contrary, in the event Tenant holds over beyond the Lease Expiration Date, such holding over shall be on the terms an Event of Default and conditions Landlord shall be entitled to execute its remedies as set forth provided 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. 31.1 In addition to performing all of the event Tenant’s other obligations hereunder, if Tenant or any party claiming under Tenant, retains possession of the Premises after the Expiration Date or Termination Date, such possession shall be that of a tenant at sufferance and an unlawful detainer. No tenancy or interest shall result from such possession, and such parties shall be subject to immediate eviction and removal. Tenant or any part thereof after such party shall pay Landlord, as Base Rent for the expiration period of such holdover, a monthly amount equal to the TermHoldover Percentage (as defined below) of (a) the Base Rent for the last period prior to the date of such termination plus (b) Additional Rent attributable to Operating Expenses and Taxes as provided in Article 5 of this Lease during the time of holdover, such holding over shall be on together with all other Additional Rent and other amounts payable pursuant 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 of this Lease. As used herein, during the term “Holdover Percentage” means one hundred twenty-five percent (125%) with respect to the first three months of the holdover and one hundred fifty percent (150%) with respect to any holding over in excess of three months. Such tenancy at sufferance shall be subject to every other applicable term, covenant and agreement contained herein. Tenant shall also be liable for any and all damages sustained by Landlord as a result of such holdover after the date that is the later of (a) the date that is 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 or earlier termination of the Term and after such initial of this Lease, or (b) the date that is thirty (30) day period days after Landlord has notified Tenant that Landlord has executed a letter of intent or lease with another tenant for each calendar month all 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 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 vacate the Premises and hold deliver same to Landlord harmless immediately upon Tenant’s receipt of notice 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.so

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains should remain in possession of the Premises all or any part thereof portion of the Tenant Space after the expiration of the TermTerm of this Lease (or any earlier termination of this Lease or the termination of Tenant’s right to possess the Tenant Space), such holding over shall be on without the terms execution by Landlord and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as of 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 new lease or an extension of the term Term of this Lease, during then Tenant shall be deemed to be occupying the first thirty (30) days entire Tenant Space as a tenant-at-sufferance, upon all of the terms contained herein, except as to term and Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to one hundred fifty percent (150% %) of the Base Rent and payable by Tenant to Landlord during the Adjustment Amount payable under last month of the terms Term of this Lease and one hundred percent (100%) of the Additional Rent payable by Tenant to Landlord during the last month of the Term of this Lease. The monthly rent payable for and such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Tenant Space upon the expiration of the Term of this Lease or upon the earlier termination hereof or at any time during any holdover and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holdover. 13.3.1 Notwithstanding the foregoing, should Tenant remain in possession of all or any portion of the Suite 1.5 Tenant Space after such initial thirty (30) day period for each calendar month or portion thereof during which the expiration of the Suite 1.5 Term, without the execution by Landlord and Tenant of an amendment to this Lease to permit otherwise, then Tenant shall be deemed to be occupying the Suite 1.5 Tenant Space as a tenant-at-sufferance, upon all the terms contained herein, except as to term and Suite 1.5 Base Rent and any other provision reasonably determined by Landlord to be inapplicable. During any such holdover continuesperiod, as Tenant shall pay to Landlord a use and occupancy charge with respect to, monthly Suite 1.5 Base Rent 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 one hundred fifty percent (150% %) of the higher of (x) the Suite 1.5 Base Rent payable by Tenant to Landlord during the last month of the Suite 1.5 Term and one hundred percent (100%) of the Adjustment Amount Additional Rent payable under by Tenant to Landlord, with respect to Suite 1.5, during the terms last month of Suite 1.5 Term. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession, nor shall such monthly rent be considered to be any form of Consequential Damages related to such retention of possession. Neither any provision hereof nor any acceptance by Landlord of any rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or result in a renewal of this Lease for and or an extension of the Suite 1.5 Term, or any waiver of any of Landlord’s rights or remedies with respect to such holdover. As such, and notwithstanding any provision to the last full calendar month immediately prior contrary contained herein, Landlord expressly reserves the right to require Tenant to surrender possession of the Suite 1.5 Tenant Space upon the expiration of the Suite 1.5 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 thereof or at any time during any holdover and the right to commence eviction proceedings against assert any remedy at law or in equity to evict Tenant immediately upon any holding over by Tenant from Suite 1.5 and collect damages 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 connection with 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 A. Tenant agrees that if for any reason Tenant shall fail to performing all of Tenant’s other obligations hereunder, if Tenant retains vacate and surrender possession of the Premises or any part thereof after on or before the expiration or earlier termination of this Lease and the Term, such holding over then Tenant’s continued possession of the Premises 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 month-to-month tenancy, during which time, without prejudice and occupancy charge with respect to, in addition any other rights and remedies Landlord may have hereunder or at law, Tenant shall: (1) Pay to all other charges for which Tenant would be liable hereunder if it were occupying during Landlord an amount (“the term of this Lease, during the first thirty (30Holdover Amount”) days of such holdover 150% equal to 50 percent of the Base Rent in addition to the regularly recurring Rent payable hereunder prior to such termination and (2). Comply with all other terms and conditions of this Lease. The provisions of this section shall not in any way be deemed to (i) permit Tenant to remain in possession of the Adjustment Amount payable under Premises after the terms Expiration Date or soon termination of this Lease for or (ii) Imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Term, and no acceptance by the Landlord of payments from the Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with respect the provisions of section. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant, including without limitation the right to the last full calendar terminate such mon-to-month immediately prior to tenancy as provided by law at any time after the expiration of the Term and after such initial thirty (30) day period for each calendar month any right to damages in the event that Tenant’s holding over causes Landlord to suffer any loss. Tenant’s obligations under this section shall survive the 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 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 . B. Notwithstanding anything herein to the last full calendar month immediately prior to the expiration of the Term contrary, Tenant shall indemnify and save Landlord harmless against all costs, claims, loss or (y) one twelfth of the annual fair market rent for liability resulting from delay by Tenant in surrendering the Premises under a one (1) year lease commencing on the day immediately succeeding the last day upon expiration or sooner 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 delay or any lost profits, losses, costs, expenses or liability payable to such tenant as 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 lawresult thereof.

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 or earlier termination thereof, with or without the express or implied consent of Landlord, such holding over tenancy shall be on at the terms sufferance of Landlord and conditions as set forth shall not constitute a renewal hereof or an extension for any further term, and in this Leasesuch case Base Rent for the full hold over period shall be payable in advance, as far as applicable, except that Tenant shall pay, minimum damages and not as a use and occupancy charge with respect topenalty, in addition at a 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 (30A) 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 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 first sixty (60) days of this Leaseholdover, an amount equal to 150and (B) 200% of the higher of (x) the Base Rent applicable during the last rental period of the Lease Term under this Lease thereafter. During any such holdover period, Tenant shall pay a full month's rent for each month, or any portion thereof, that tenancy is extended beyond the Lease Expiration Date. Such holdover tenancy shall be subject to every other applicable term, covenant and the Adjustment Amount payable under the terms agreement contained herein. For purposes of this Article 16, a holding over shall include Tenant's remaining in the Premises after the expiration or earlier termination of the Lease for Term to remove any Alterations or Non Standard Tenant Improvements located within the Premises and with respect to repair any damage to the last full calendar month immediately prior Building caused thereby to the expiration of extent such removal and repair is required in this Lease or 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 TermTenant Work Letter. Amounts due as aforesaid Nothing contained in this 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 Claims resulting from such failure, including, without limitation, 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 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 of the TermTerm or the termination of this Lease with the written consent of Landlord, such holding over continued possession shall be construed to be a tenancy from month to month at one hundred twenty-five percent (125%) of the Monthly Base Rent payable in the last full month prior to such termination or expiration (and shall be increased in accordance with Paragraph 3(b)), together with an amount estimated by Landlord for the monthly Additional Charges for Expenses and Taxes payable under this Lease, and shall otherwise be on the terms and conditions as set forth in this Lease, as herein specified so far as applicable, except that . If Tenant shall pay, as a use and occupancy charge with respect to, (directly or through any successor-in-interest of Tenant) remains in addition to possession of 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% or any portion 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 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 the termination of this Lease without the written 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 the greater 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 for Expenses and Taxes payable in the last full month prior to the termination or expiration of this Lease (and shall be increased in accordance with Paragraph 3(b). 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 expiration of the Term or termination of the Term 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 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 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 month of holdover, and one hundred seventy-five percent (175%) 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 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 with the written 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 payable in the last full month prior to such termination or expiration (and shall be increased in accordance with Paragraph 4(b), such holding over together with an amount estimated by Landlord for the monthly Additional Charges for Expenses and Taxes 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 written 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 for Expenses and Taxes payable in the last full month prior to the termination or expiration of this Lease (and shall be increased in accordance with Paragraph 4(b)). In addition to Rent, Tenant shall pay Landlord for all damages proximately caused by reason of the Tenant's retention of possession. Landlord shall use commercially reasonable efforts to notify Tenant if and when (a) a one new lease, or a letter of intent for a new lease, has been entered into for any portion of the Premises, (1b) year lease commencing a loan application has been submitted by Landlord or a loan commitment issued to Landlord in connection with the Premises at a time when Tenant is then holding over or Landlord in its reasonable judgment believes a Tenant holdover is likely prior to the contemplated loan being fully funded, or (c) a sale contract or letter of intent for a sale of the Premises to a third party has been entered into for the Premises at a time when Tenant is then holding over or Landlord in its reasonable judgment believes a Tenant holdover is likely prior to the contemplated sale being consummated. Landlord's acceptance of Rent after the termination of this Lease shall not constitute a 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 The Tenant has no right to performing all of Tenant’s other obligations hereunder, if Tenant retains remain in 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 end of the Term. Amounts due as aforesaid If the Tenant remains in possession of the Premises after the end of the Term with the written consent of the Landlord but without entering into a new lease or other agreement then, notwithstanding any statutory provisions or legal presumption to the contrary, there shall be prorated for partial months on no tacit renewal of this Lease or the Term and the Tenant shall be deemed to be occupying the Premises as a per diem basis. Notwithstanding anything tenant from month to the contrary herein contained, Landlord shall have month (with either party having the right to commence eviction proceedings against Tenant immediately upon terminate such month to month tenancy at 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 time on not less than thirty (30) days’ written Notice, whether or not the date of termination is at the end of a rental period) at a monthly Base Rent payable in advance on the first day of each month equal to one hundred fifty percent (150%) of the monthly amount of Base Rent payable during the last month of the Term and otherwise upon the same terms, covenants and conditions as in this Lease insofar as these are applicable to a monthly tenancy and, for greater certainty, including liability for all Additional Rent. The provisions If the Tenant remains in possession of the Premises after the end of the Term or any extension terms(s) without the written consent of the Landlord, Tenant shall be a tenant at sufferance. In such event, Tenant shall pay an amount (on a per month basis without reduction for partial months during the holdover) equal to 200% of the greater of the monthly amount of Base Rent payable during the last month of the Term and otherwise upon the same terms, covenants and conditions as in this ARTICLE 19 Lease, including liability for all Additional Rent. In addition to the payment of the amounts provided above, if the 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 the Tenant’s holdover, the Tenant shall not be deemed liable to limit or constitute a waiver of the Landlord for, and shall protect the Landlord from and indemnify and defend the Landlord against, all losses and damages, including any other rights or remedies of claims made by any succeeding tenant resulting from such failure to vacate, and any consequential damages that the Landlord provided herein or at lawsuffers from the holdover.

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 Term of the Termthis Lease, 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 ▇▇▇▇▇▇’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 Term of this Lease, 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 ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ 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 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 sixty (3060) days of such holdover 150and thereafter 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 (unless Tenant is then holding over) 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 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 for such Leased Property each month (which rental constitutes liquidated damages with respect toto Fixed Rent for such Leased Property, in addition and not a penalty, for the period to all other charges for which it relates), one and one-half (1½) 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 in each case, with respect or attributable to the first thirty (30Leased Property(ies) days in question. During such period of such holdover 150% month-to-month 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 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 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 as to any such Leased Property(ies) at any time after giving Tenant immediately ten (10) days’ prior written notice, and at any time thereafter, Landlord may re-enter and take possession of the Leased Property(ies) in question as to which such a termination notice has been given. Nothing 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 as it applies to any or all of the Leased Properties. The terms of this Section 19 shall be without limitation 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 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 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 term, and in such case Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) the terms Rent applicable during the last rental period of the Lease Term under this Lease. Such month-to-month tenancy shall be subject to every other term, covenant and conditions as set forth agreement contained herein. Nothing contained 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 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 he responsible to Landlord for all damage which Landlord shall suffer by reason thereof. Notwithstanding anything to the contrary contained in this Article 16, if Tenant holds over in possession of the Premises with Landlord's express written permission (it being understood and agreed that Landlord shall have the right to grant or deny such permission in Landlord's sole and absolute discretion), then Tenant shall pay Landlord Rent at the rate and subject to the Additional Rent provisions of this lease which were in effect during the last month of the then most recently expired term unless and until Landlord gives Tenant at least thirty (30) days prior written notice increasing the Rent. It is the intention of the parties that Tenant shall have at least thirty (30) days written notice before any increase in Rent, consistent with the nature of the holdover tenancy as a month-to-month tenancy if and only if such holdover is with Landlord's express written permission.

Holding Over. In addition to performing all of Landlord and Tenant recognize that Landlord’s damages resulting from Tenant’s other obligations hereunder, if Tenant retains failure to timely surrender possession of the Premises or any part thereof after may be substantial, may exceed the expiration amount of the TermRent payable hereunder, such holding over shall and will be impossible to accurately measure. Accordingly, if possession of the Premises is not surrendered to Landlord 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 Expiration Date or sooner termination of this Lease, Tenant shall (a) pay to landlord for each month (or any portion thereof) during which Tenant holds over in the Premises after the Expiration Date or sooner termination of this Lease, a sum equal to one hundred fifty percent (150%) of the Rent payable under this Lease for the last full calendar month of the Term (or the highest amount permitted by Law, whichever shall be less), (b) after the first thirty (30) days of such the 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 toperiod, 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 may have hereunder or at law, Tenant shall also be liable to Landlord for (i) any payment or rent concession which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding over by Tenant for which Tenant has received prior written notice, and (ii) the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by Tenant for which Tenant has received prior written notice, and (c) indemnify Landlord against all claims for damages by any New Tenant; and such other remedies as Landlord may have at law or in equity. No holding-over by Tenant, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner 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 14.

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 to performing all of Tenant’s other obligations hereunderUnless Landlord expressly agrees otherwise in writing, if Tenant retains shall retain possession of the Premises or any part thereof after the expiration or earlier termination of the Termthis Lease, such holding over Tenant shall be treated as a tenant at sufferance and Tenant's occupancy shall be otherwise on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall paypay in lieu of Rent, as a use and occupancy charge with respect tocharge, for each calendar day or partial calendar day of holdover an amount equal to the Daily Holdover Rent: provided, however, in addition the event Landlord so elects by notice to all other charges the Tenant at any time during a period of holdover, from and after such notice is effective under the terms hereof, Tenant shall pay an amount equal to thirty-one (31) times the Daily Holdover Rent for each thirty (30) day period or part thereof during which Tenant would continues to holdover in the Premises. Tenant shall, in addition, be liable hereunder for all damages sustained by Landlord on account of such retention. The foregoing provisions shall not serve as permission for Tenant to hold over, nor serve to extend the Term. Notwithstanding the foregoing, if it were occupying Tenant notifies Landlord not less than six (6) months prior to the Termination Date that Tenant will hold over and stipulates the length of the holdover (not to exceed sixty (60) days), the Tenant shall be permitted to hold over during the term of this Lease, during stipulated period at a rate per day for the first thirty (30) days of such holdover 150of 75% of the Base Daily Holdover 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 100% of the Term and after such initial Daily Holdover Rent for the next succeeding thirty (30) day period days but shall not be liable for each calendar month or portion thereof during which such any other damages of Landlord relating to the holdover continuesfor the so stipulated period, as a use and occupancy charge with respect tobut, in all events if the Tenant holds over beyond the stipulated period, the Tenant shall, in addition to all other charges for which Tenant would liability of the Daily Holdover Rent as set forth above in the first sentence of this Article 15, be liable hereunder if it were occupying during the term for all damages sustained by Landlord on account of this Leasesuch retention. The foregoing provisions shall not serve as permission for Tenant to hold over except as specifically provided on notice timely given, an amount equal nor serve 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 extend 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 Tenant will 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 possession of the Leased 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: (i) creation of a month to month tenancy, upon the terms and conditions as set forth in this lease; or (ii) creation of a tenancy at sufferance in any case upon the terms and conditions set forth in this Lease; provided, as far as applicablehowever, except that Tenant shall pay, as a use and occupancy charge with respect tothe Monthly Rental for 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 (ii) 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 proceeding sentence. Tenant shall also pay to Landlord, as additional rent due and payable, 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 Leased Premises. In additionany such events, Tenant shall indemnify, defend vacate the Leased Premises and hold deliver full possession to Landlord harmless from and against any loss, cost or damages upon the giving to Tenant by Landlord of ten (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 (3010) days' written notice and demand therefor. The provisions of this ARTICLE 19 Paragraph shall not be deemed to limit or 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 by Tenant or of any other rights or remedies right of Landlord provided herein or at lawLandlord.

Holding Over. In addition Tenant shall have no right to performing all occupy the Premises or any portion thereof after the expiration or earlier termination of this Lease or of Tenant’s other obligations hereunder's right to possession of the Premises. In the event Tenant or any party claiming by, if through or under Tenant retains possession of the Premises or any portion thereof after the expiration or earlier termination of this Lease or of Tenant's right to possession of the Premises, Landlord may exercise any and all remedies available to it at law or in equity to recover possession of the Premises and Tenant shall be liable for any costs, expense, damages (whether consequential or direct) or liability Landlord suffers as a result of its holdover, including under any lease with a successor tenant or under any contract with a contract vendee. For each day Tenant or any party claiming by, through or under Tenant retains possession of the Premises or any part thereof after the expiration or earlier termination of this Lease or of Tenant's right to possession of the TermPremises, 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 pay Landlord an amount which Tenant would be liable hereunder if it were occupying during is the term sum of this Lease, during (i) the first thirty greater of (30A) days the fair market rental value of the Premises determined at the time of such holdover and (B) one hundred fifty percent (150% %) of the Base Rent due and payable at the Adjustment Amount payable under the terms time of this such Lease for and with respect to the last full calendar month immediately prior to the expiration termination or loss of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesright of possession, 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 pro-rated on a per diem basis. Notwithstanding anything to , (ii) Impositions for the contrary herein containedperiod in which such holdover occurs, Landlord shall have calculated as though such period were within the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in Term, and pro-rated on a per diem basis, and (iii) all other Additional Rent due for, or applicable to, the Premises. In addition, Tenant shall indemnify, defend Term 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 period. Acceptance by Tenant for a period Landlord of longer than thirty (30) days. The provisions of this ARTICLE 19 Rent after such termination shall not of itself constitute a renewal. Nothing contained in this Section shall be deemed to limit construed or constitute operate as a waiver of Landlord's right of reentry or any other rights right or remedies remedy of Landlord provided herein or at lawLandlord.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains If the Lessee shall for any reason remain in possession ------------ of the Premises or any part thereof Property after the expiration or earlier termination of this Lease (unless the Property is conveyed to the Lessee), such possession shall be as a tenancy at sufferance during which time capitalized interest and yield shall continue to accrue, to the extent such possession occurs prior to the Basic Term Commencement Date, or the Lessee shall pay as Supplemental Rent, to the extent such possession occurs from and after the Basic Term Commencement Date, that would be payable by the Lessee hereunder were the Lease then in full force and effect and the Lessee shall continue to pay Basic Rent (or capitalized interest and yield shall continue to accrue) at an annual rate equal to 110% of the Termaverage rate of Basic Rent (or capitalized interest and yield) payable hereunder during the Basic Term or prior to the Basis Term Commencement Date, such holding over as the case may be. Such Basic Rent shall be on payable from time to time upon demand by the terms Lessor. During any period of tenancy at sufferance, the Lessee shall, subject to the second preceding sentence, be obligated to perform and observe all of the terms, covenants 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 but shall have no rights hereunder other than the first thirty (30) days of such holdover 150% right, to the extent given by law to tenants at sufferance, to continue its occupancy and use of the Base Rent and Property. Nothing contained in this Article XXIII shall constitute the Adjustment Amount payable under consent, express or implied, of the terms ------------- Lessor to the holding over of the Lessee after the expiration or earlier termination of this Lease for and with respect (unless the Property is conveyed to the last full calendar month immediately prior Lessee), and nothing contained herein shall be read or construed to relieve the Lessee of its obligations to purchase or remarket the Property on the Expiration Date pursuant to Article XX or Article XXII or as preventing the Lessor from maintaining a ---------- ------------ suit for possession of the Property or exercising any other remedy available to the expiration of the Term and after such initial thirty (30) day period for each calendar month Lessor at law 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 equity 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 lawhereunder.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Should Tenant retains hold over in possession of the Demised 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, without the execution by Landlord and Tenant of a new lease agreement, or extension or renewal agreement, Tenant, in Landlord’s sole and absolute discretion (i) shall be deemed to be occupying the Demised Premises from month to month, subject to [a] being terminated by either party upon at least fifteen (15) days prior written notice, [b] monthly payment and liability of two hundred percent (200%) of all sums due hereunder in effect during the first thirty (30) days of such holdover 150% last month of the Term, including, but not limited to Base Rent Annual Rent, Additional Charges, Tenant’s Proportionate Share of Taxes, Tenant’s Proportionate Share of Common Area Expenses and all other sums in effect during the Adjustment Amount payable under last month of the terms Term (in the event of a partial month then Tenant shall be liable for the full month in which the hold-over period terminates), [c] all of the other terms, covenants and conditions of this Lease for insofar as the same may be applicable to a month-to-month tenancy, or (ii) shall be deemed to be a trespasser and with respect Landlord shall immediately be entitled to pursue any remedy available at law or in equity, or available pursuant to the last full calendar month immediately terms hereof, or otherwise available (including, without limitation self-help) to obtain possession of the Demised Premises. Landlord may change its election as provided herein at any time, and from time to time, in its sole and absolute discretion without any notice to Tenant. Landlord shall not be liable to Tenant in any manner whatsoever for any actions taken by Landlord to regain possession of the Demised Premises. Tenant shall pay Landlord all fees, costs and expenses incurred by Landlord to regain possession of die Demised Premises, including, without limitation, all attorneys’ fees, paralegal’s fees, litigation expenses, through all trial and appellate levels, costs, expenses, disbursements and court costs related thereto. Tenant shall also be liable to Landlord for any consequential, incidental and special damages whether direct or indirect which Landlord may incur as a result of any hold over in possession of the Demised Premises provided for herein. During the period commencing six (6) months prior to the expiration of the Term hereunder, Tenant shall, within ten (10) days following Landlord’s written request therefor, provide to Landlord a written statement that it shall timely vacate and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use surrender the Demised Premises in accordance with the terms 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 provisions of this Lease, an amount equal . The failure of Tenant to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms provide such statement upon Landlord’s written request shall be a material default 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) daysLease. The provisions of this ARTICLE 19 Section 31.03. 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 to performing all the event that Lessee shall not immediately surrender the Demised Premises on the date of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after the expiration of the Termterm of this Lease or any extension period thereof, such holding over shall be on Lessee shall, by virtue of this section of the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as become a use lessee by the month and occupancy charge with respect to, hereby agrees to pay to Lessor a Monthly Rent equal to one and one-half (1 1/2) times the amount of (a) the Monthly Rent in addition to all other charges for which Tenant would be liable hereunder if it were occupying effect during the last month of the term of this Lease, during plus (b) the first thirty one-twelfth (301/12th) days of such holdover 150% of payment made with Monthly Rent pursuant to the Base Rent and the Adjustment Amount payable under the terms section of this Lease for and entitled "RENTAL ESCALATION FOR INCREASES IN EXPENSES." The month-to-month tenancy shall commence with respect to the last full calendar month immediately prior to first day next 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 . Lessee as a month-to-month tenant shall continue to 150% be subject to all of the higher of (x) the Base Rent conditions and the Adjustment Amount payable under the terms covenants of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term or Lease, except that (yif applicable) 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 Lessee shall have the no right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in renew or extend the Premisesterm of this Lease. In addition, Tenant Lessee 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 give to Lessor at least thirty (30) days' written notice of any intention to quit the Demised Premises. The provisions Lessee shall be entitled to thirty (30) days' written notice to quit the Demised Premises, except in the event of this ARTICLE 19 nonpayment of the modified Monthly Rent in advance, in which event Lessee shall not be deemed entitled to limit any notice to quit, the usual thirty (30) days' notice to quit being hereby expressly waived. In the event that Lessee shall hold over after the expiration of the term of the Lease or constitute extension period thereof, and if Lessor shall desire to regain possession of the Demised Premises promptly at the expiration of the term of this Lease or extension period thereof, then at any time prior to Lessor's acceptance of modified Monthly Rent from Lessee as a waiver month to month tenant hereunder, Lessor, at its option, may forthwith reenter and take possession of the Demised Premises without process, or by any other rights or remedies of Landlord provided herein or at lawlegal process in force in the jurisdiction in which the Building is located.

Holding Over. In addition If Tenant fails to performing vacate and surrender occupancy of the Leased Premises upon the expiration or earlier termination of the Term in accordance with the terms of this Lease, Tenant’s occupancy shall be deemed a tenancy at sufferance at a rental rate of one hundred fifty percent (150%) of the Rent previously payable under this Lease, per diem. If Tenant becomes a tenant at sufferance pursuant to the foregoing, Tenant shall vacate the Leased Premises immediately at any time upon Landlord’s demand and, provided that Landlord has delivered written notice to Tenant that Landlord has entered into a lease with a third party for all or any portion of the Leased Premises that Tenant continues to occupy, then after a period of twenty (20) days of Tenant’s other obligations hereunder, if Tenant retains continued possession of the Premises Leased Premises, Tenant shall also indemnify Landlord against all claims for damages against Landlord as a result of Tenant’s possession of the Leased Premises, including, without limitation, claims for damages by such third party tenant to whom Landlord leased the Leased Premises, or any part thereof portion thereof, for a term commencing after the expiration or termination of this Lease. Notwithstanding anything in this Lease to the contrary, provided Tenant shall provide Landlord with not less than nine (9) month’s prior written notice and Tenant is not in Default under this Lease at the time it provides such notice to Landlord or at the then-current expiration date of the Lease Term, Tenant shall have the right to remain in the Leased Premises for a period of six (6) months 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 then-current Lease Term subject to all other charges payment of monthly Rent (excluding any holdover premium) for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days each month of such holdover 150% of occupancy at the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect rate applicable 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 continuesLease Term, as a use and occupancy charge together 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 Additional Rent and the Adjustment Amount other sums payable under the terms during such period of this Lease for and with respect to the last full calendar month immediately prior to the expiration occupancy; provided, further, during such period 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 containedoccupancy, Landlord shall have the no right to commence eviction proceedings against evict Tenant immediately upon any holding over by from the Leased Premises or otherwise obtain occupancy of the Leased Premises provided that Tenant is not 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 Default 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 at lawLease.

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 ninety (3090) days of any such holdover 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 Lease; 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 continuesthereafter, 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 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 If Tenant or anyone claiming under Tenant shall remain in occupancy of all or any portion of the Premises, or shall fail to performing all yield-up the Premises free of Tenant’s Hazardous Substances, in each case delaying rental or delivery of possession of the Premises to another tenant, Tenant or such other obligations hereunder, if person shall be deemed to be holding over after the termination of this Lease. If Tenant retains possession or anyone claiming under Tenant shall remain in occupancy of the Premises or any part thereof after the expiration of the TermTerm of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, prior to acceptance of rent by Landlord Tenant (or such holding over person claiming under Tenant) shall be on the terms deemed a tenant at sufferance, and conditions as set forth after acceptance of rent by Landlord a tenant from month-to-month, in this Lease, as far as applicable, except that Tenant shall pay, as either case at a use and occupancy charge with respect to, in addition equal to twice the rate of Annual Fixed Rent plus all other charges payable under this Lease, and subject to the provisions of this Lease (excluding all provisions for which rent) insofar as the same may be applicable. Notwithstanding the foregoing, prior to acceptance of rent for any period after the Term, Landlord, at its option, may re-enter and take possession of the Premises or any part thereof forthwith without process or by any manner provided by law, in every case without prejudice to claim for the use and occupancy charge as stated above. If the Premises of areas adjacent thereto have been contaminated with Hazardous Substances by Tenant's act or neglect (but without regard to fault), thereby delaying rental of the Premises to another tenant by reason of order of public health or safety official or the like, or by reason of the prospective tenant'(s) refusal to occupy the contaminated portion of the Premises, Tenant would shall be liable hereunder if it were occupying during deemed to continue in possession of the term affected Premises as a tenant at sufferance as aforesaid for the duration of such delay at the use and occupancy charge set forth above and subject to the provisions of this Lease as aforesaid, and Tenant agrees that unless Tenant (and such person claiming under Tenant) is in bankruptcy or insolvency proceedings or similarly disabled from performing Tenant's obligations hereunder, Landlord has the right at Landlord's election, but no duty or obligation, to restore the Premises to the condition required at the termination of this lease hereunder, and tenant is solely responsible to do so. Landlord's election to make the Premises conform with the requirements of this Lease, during such as by removing any Hazardous Substances, shall not diminish in any way Landlord's claim for 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 as aforesaid 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 duration 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 lawdelay in re-leasing the Premises resulting therefrom.

Holding Over. In addition Tenant shall have no right to performing all holdover or retain ------------ possession of Tenant’s other obligations hereunderany portion of the Premises after the expiration or sooner termination of this Lease. If Tenant holds over after the expiration or earlier termination of the term hereof, if with or without the express or implied consent of Landlord, Tenant retains shall become and be only a month to month tenant at a Rent equal to the greater of (i) the then prevailing market rate as determined by Landlord in its sole and absolute discretion (subject to adjustments as provided in Paragraphs 2 and 3 hereof and prorated on a daily basis) or (ii) 125% of the Basic Annual Rent payable by Tenant immediately prior to such expiration or termination, and otherwise upon the terms, covenants and conditions herein specified, so far as applicable. Neither any provision hereof nor acceptance by Landlord of Rent after such expiration or earlier termination shall be deemed a consent to a holdover hereunder or result in a renewal of this Lease or an extension of the term. Notwithstanding any provision to the contrary contained herein, (i) Landlord expressly reserves the right to require Tenant to surrender possession of the Premises or any part thereof after 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 term of this LeaseLease or upon the earlier termination hereof, 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 reenter the Premises. In addition, and the right to assert any remedy at law or in equity to evict Tenant and/or collect damages in connection with any such holding over, and (ii) Tenant shall indemnify, defend and hold Landlord harmless from and against any lossand all claims, cost or damages (demands, actions, losses, damages, obligations, costs and expenses, including, without limitation reasonable limitation, attorneys’ fees) which ' fees incurred or suffered by Landlord may suffer by reason of any such holdover by Tenant for a period Tenant's failure to surrender the Premises on the expiration or earlier termination of longer than thirty (30) days. The this Lease in accordance with 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 Subject to performing all of TenantSubtenant’s other obligations hereunderrights as defined in Section 1. L herein, 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 Termevent Subtenant or any person claiming by, through or under Subtenant holds over, 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 payable by Sublandlord to Prime Landlord by reason of such holding over shall be on holdover. In addition to and without limitation of the terms foregoing, for each and conditions as set forth every month or partial month that 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 LeaseSublease or after termination of this Sublease or Subtenant’s right to possession, as far as applicable, except that Tenant Subtenant shall pay, as minimum damages and not as a penalty, use and occupancy charge with respect to, in addition charges at a rate equal to all other charges for which Tenant would be liable hereunder if it were occupying during one and a half (1.5) times the term rate of this Lease, during the first thirty (30) days of such holdover 150% of the Base Annual Fixed 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 or other termination of this Sublease or of Subtenant’s right to possession. The acceptance by Sublandlord of payment of such damages on account of a holdover shall not be construed as creating any new tenancy or recognizing any continued right to use and occupy the Premises after expiration or termination of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continuesTerm, except as a use tenancy at sufferance, and acceptance of any lesser sum by Sublandlord shall not be construed to be in satisfaction of damages for such holding over, but only as a payment on account. Additionally, if Subtenant remains in occupancy charge with respect tobeyond November 30, in addition 2022, then Subtenant shall be subject 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% obligations of the higher of (x) Sublandlord’s obligations under the Base Rent and the Adjustment Amount payable under Master Lease specifically 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 lawSection 16.8.

Holding Over. In addition 12.1 Tenant acknowledges and agrees that it is extremely important that Landlord have substantial advance notice of the date on which Tenant will vacate the Premises, because Landlord will (a) require an extensive period to performing all of Tenant’s other obligations hereunder, locate a replacement tenant and (b) plan its entire leasing and renovation program for the Building in reliance on its lease expiration dates. Tenant also acknowledges and agrees that if Tenant retains possession fails to surrender the Premises at the expiration or earlier termination of the Premises or any part thereof after the expiration of the Lease Term, such holding over shall then it will be on presumed conclusively that the terms value to Tenant of remaining in possession, and conditions as set forth in this Lease, as far as applicable, except the loss that Tenant shall pay, will be suffered by Landlord as a use and occupancy charge with respect toresult thereof, 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 far exceed the Base Rent and additional rent that would have been payable had the Adjustment Amount payable under Lease Term continued during such holdover period. Therefore, if Tenant does not surrender the terms of this Lease for and with respect to the last full calendar month Premises immediately prior to upon the expiration or earlier termination of the Term and after such initial thirty Lease Term, then the rent shall be increased, for the first three (303) day period for each calendar month or portion thereof during which such months of the holdover continuesperiod, 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) one and one-half times the Base Rent Rent, additional rent and other sums that would have been payable pursuant to the Adjustment Amount payable under the terms provisions of this Lease for and with respect if the Lease Term had continued during such holdover period and, if the holdover period continues thereafter, to an amount equal to the last full calendar month immediately prior to the expiration greater of the Term or (y1) one twelfth of and one-half times the annual fair market rent for the Premises under Premises, or (2) one and one-half times 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 on a one (1) year lease commencing monthly basis and shall be payable on the day immediately succeeding the last first day of such holdover period and the Termfirst day of each calendar month thereafter during such holdover period until the Premises have been vacated. Amounts due as aforesaid Landlord's acceptance of such rent shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containednot affect adversely in any manner Landlord's other rights and remedies, Landlord shall have the including Landlord's right to commence eviction proceedings against evict Tenant immediately upon any holding over by and to recover damages. Tenant in the Premises. In addition, Tenant shall indemnify, defend and agrees to hold Landlord harmless from and against any lossall loss and damages, cost direct and consequential, that Landlord might suffer or damages (incur in connection with claims by other parties against Landlord arising out of the holding over by Tenant, including, without limitation reasonable limitation, attorneys’ fees) which ' fees that might be incurred by Landlord may suffer by reason in defense of any such claims. Except as otherwise specifically provided in this Article, all terms of this Lease shall remain in full force and effect during 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 lawperiod.

Holding Over. In addition the case of any holding over or possession by Tenant after the Lease Expiration Date without the Approval of Landlord, Tenant shall be a tenant from month to performing all of Tenant’s other obligations hereundermonth and shall pay Landlord One Hundred Thousand and No/100 Dollars ($100,000.00) per month (or partial month) as Base Rent. Further, if Tenant retains shall hold over beyond the Lease Expiration Date and any date for surrender of the Leased Premises set forth in Landlord’s written Notice demanding possession thereof given following the Lease Expiration Date, Tenant shall reimburse Landlord for all actual reasonable expenses and losses incurred by Landlord by reason of Landlord’s inability to deliver possession of the Leased Premises or any part thereof after the expiration to a successor tenant free and clear of the Termpossession of Tenant, together with interest on such expenses at the Default Rate from the date such expenses are incurred until reimbursed by Tenant, together with Landlord’s reasonable attorneys’ fees, charges and costs. The acceptance of Rent under this Section 22.3 by Landlord shall not constitute an extension of the Term of this Lease or afford Tenant any right to possession of the Leased Premises beyond any date through which such Rent shall have been paid by Tenant and accepted by Landlord. Such Rent shall be due to Landlord for the period of such holding over, whether or not Landlord is seeking to evict Tenant; and, unless Landlord otherwise then agrees in writing, such holding over shall be on the terms be, 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 basisdeemed and construed to be, without the Approval of Landlord, whether or not Landlord has accepted any sum due pursuant to this Section 22.3. Notwithstanding anything to the contrary herein containedcontained in this Lease, Landlord if Tenant shall have hold over beyond the right to commence eviction proceedings against Tenant immediately upon Lease Expiration Date or any date for surrender of the Leased Premises set forth in Landlord’s written Notice demanding possession thereof following the Lease Expiration Date, such holding over by Tenant shall be an Event of Default and Landlord shall be entitled to the remedies set forth 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 lawSection 24.2.1.

Holding Over. In addition Tenant shall pay Landlord one hundred fifty percent (150%) of the Monthly Rent and one hundred percent (100%) of the Additional Rent payable under this Lease during the last full month prior to performing all the date of Tenant’s other obligations hereunderthe expiration of this Lease, if 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, during together with all damages sustained by Landlord on account thereof. The foregoing provisions shall not serve as permission for Tenant to hold-over, nor serve to extend the first thirty Term (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms 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. Without limitation of the foregoing, if Tenant immediately upon any holding over by Tenant remains in possession of the Premises. In additionPremises after the expiration or earlier termination of this Lease, Tenant shall indemnify, defend and hold Landlord harmless from and against the following Claims incurred by or asserted against Landlord and arising from Tenant’s failure to timely surrender the Premises or any lossportion thereof: (i) the amount of any delayed delivery rent abatements and/or rent credits granted by Landlord to any successor tenant of the Premises or any portion thereof, cost or damages (including, without limitation reasonable attorneys’ fees) which and/or any amounts payable by Landlord may suffer to any such successor tenant by reason of such successor tenant’s termination of its lease as a result of Landlord’s failure to timely deliver the Premises or any portion thereof by reason of such holdover failure by Tenant to timely surrender the Premises, and (ii) Landlord’s damages (including lost rent) as a result of such successor tenant rescinding or terminating its lease of the Premises or any portion thereof, or any prospective successor tenant refusing to enter into the prospective lease of the Premises or any portion thereof, by reason of such failure by Tenant to timely surrender the Premises; provided, however, as a condition to Tenant’s obligations under the foregoing indemnity, Landlord shall give Tenant written notice of the existence of a successor tenant or prospective successor tenant for a period of longer than the Premises or any portion thereof, at least thirty (30) days. The provisions days prior to the date Landlord shall require Tenant’s surrender of this ARTICLE 19 the Premises, and Tenant shall not be deemed responsible to limit Landlord under the foregoing indemnity if Tenant shall surrender the Premises on or constitute a waiver prior to the expiration of any other rights such thirty (30) day period or, if later, the Expiration Date (it being agreed, however, that Landlord need not identify the successor tenant or remedies of prospective successor tenant by name in its notice, and it being further agreed that such notice may be given by Landlord provided herein or at lawprior to the Expiration Date).

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, 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 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; 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 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 Term without the express written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. If Tenant holds over after the expiration or earlier termination of the Term, Landlord may, at its option, treat Tenant as a tenant at sufferance only, and such holding over continued occupancy by Tenant shall be on subject to all of the terms terms, covenants and conditions as set forth in of this Lease, as so far as applicable, except that Tenant the Monthly Base Rent for any such holdover period shall pay, as a use and occupancy charge with respect to, be (i) the same Monthly Base Rent in addition effect under this Lease immediately prior to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, such holdover during the first thirty ninety (3090) days of such holdover holdover, and (ii) thereafter one hundred fifty percent (150% %) of the Monthly Base Rent and in effect under this Lease immediately prior to such holdover. Notwithstanding anything in this Lease to the Adjustment Amount payable under contrary, Tenant shall not be liable for any consequential, punitive or other damages caused by the first ninety (90) days of any holdover, but if Tenant fails to surrender the Premises within ninety (90) days after the expiration of this Lease in accordance with the terms of this Lease for and with respect Section 10(b) despite demand 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 do so by Tenant in the Premises. In additionLandlord, Tenant shall agrees to promptly indemnify, protect, defend and hold Landlord harmless from all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and against any losscosts (including attorneys' fees and costs), cost or damages (including, without limitation reasonable attorneys’ fees) limitation, costs and expenses incurred by Landlord in returning the Premises to the condition in which Landlord may suffer Tenant was to surrender it and claims made by reason of any such holdover by Tenant for a period of longer than thirty (30) dayssucceeding tenant founded on or resulting from Tenant's failure to surrender the Premises. The provisions of this ARTICLE 19 shall not be deemed to limit Section 10(b) 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 the event of holding over by Tenant with respect to performing all of Tenant’s other obligations hereunder, if Tenant retains possession or any portion of the Leased Premises or any part thereof after the expiration or termination of the TermLease Agreement, such holding over shall be on constitute a tenancy at sufferance relationship between Landlord and Tenant and all of the terms and conditions as set forth in provisions of this Lease, as far as applicableLease Agreement shall be applicable during such period, except that as monthly rental, Tenant shall pay, as a use and occupancy charge with respect to, in addition pay to all other charges Landlord for which Tenant would be liable hereunder if it were occupying each month (or any portion thereof) during the term of this Lease, during the first thirty (30) days period 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, hold over an amount equal to one hundred fifty percent (150% %) of the higher 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 (xwith counsel reasonably acceptable to Landlord) and hold harmless the Base Rent and Landlord Parties against all claims for damages against the Adjustment Amount payable under Landlord Parties as a result of Tenant’s possession of the terms 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 of the Leased Premises effective upon the termination 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 TermAgreement. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein containedIN NO EVENT SHALL THE TENANT PARTIES BE LIABLE FOR, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In additionAND LANDLORD HEREBY WAIVES ANY CLAIM FOR, Tenant shall indemnifyANY INDIRECT, defend and hold Landlord harmless from and against any lossCONSEQUENTIAL, cost or damages (includingEXEMPLARY OR PUNITIVE DAMAGES, 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 lawINCLUDING LOSS OF PROFITS OR BUSINESS OPPORTUNITY, ARISING UNDER OR IN CONNECTION WITH THIS SECTION 26.

Holding Over. In addition to performing all If Tenant shall, for any reason other than if required by this Lease or by Landlord, remain in possession of any Leased Property after the expiration or earlier termination of the Term (or, if applicable, a termination of Tenant’s other obligations hereunderright of possession) as to such Leased Property, if such possession shall, at the option of Landlord, in its sole discretion as to each such Leased Property, be a tenancy at sufferance during which time Tenant retains possession shall pay as rental each month (which rental constitutes liquidated damages with respect to Fixed Rent, and not a penalty, for the period to which it relates), two times the aggregate of the Premises or any part thereof after Fixed Rent payable by Tenant pursuant to 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 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) tenancy at sufferance, 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 tenancy at sufferance at any time after giving Tenant immediately upon 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 (or, if applicable, termination of Tenant’s right of possession). 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 Lease (or, if applicable, termination of any other rights or remedies Tenant’s right of Landlord provided herein or at lawpossession).

Holding Over. In addition If Tenant or anyone claiming under Tenant shall remain in occupancy of all or any portion of the Premises, or shall fail to performing all yield-up the Premises free of Tenant’s Hazardous Substances, in each case delaying rental or delivery of possession of the Premises to another tenant, Tenant or such other obligations hereunder, if person shall be deemed to be holding over after the termination of this Lease. If Tenant retains or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after the expiration of the TermTerm of this Lease without any agreement in writing between Landlord and Tenant with respect thereto, prior to acceptance of rent by Landlord the person remaining in possession, Tenant (or such holding over person claiming under Tenant) shall be on the terms deemed a tenant at sufferance, and conditions as set forth after acceptance of rent by Landlord a tenant from month-to-month, in this Lease, as far as applicable, except that Tenant shall pay, as either case at a use and occupancy charge with respect to, in addition equal to 165% the rate of Annual Fixed Rent plus all other charges payable under this Lease, and subject to the provisions of this Lease (excluding all provisions for which rent) insofar as the same may be applicable. Notwithstanding the foregoing, prior to acceptance of rent for any period after the Term, Landlord, at its option, may re-enter and take possession of the Premises or any part thereof forthwith without process or by any manner provided by law, in every case without prejudice to claim for the use and occupancy charge as stated above. If the Premises or areas adjacent thereto have been contaminated with Hazardous Substances by reason of Tenant's act or neglect (but without regard to fault), in any case delaying for any reason rental of the Premises to another tenant, Tenant would shall be liable hereunder if it were occupying during deemed to continue to be in possession of the term affected Premises as a tenant at sufferance for the duration of such delay, however caused, at the use and occupancy charge set forth above and subject to the provisions of this Lease as aforesaid, and Tenant agrees that unless Tenant (and such person claiming under Tenant) is in bankruptcy or insolvency proceedings or similarly disabled from performing Tenant's obligations hereunder, Landlord has the right, at Landlord's election, but no duty or obligation, to restore the Premises to the condition required at the termination of this Lease hereunder, and Tenant is solely responsible to do so. Landlord's election to make the Premises conform with the requirements of this Lease, during such as by removing any Hazardous Substances, shall not diminish in any way Landlord's claim for 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 as aforesaid 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 duration 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 lawdelay in re-leasing the Premises resulting therefrom.