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

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

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

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

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

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if 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 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 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 Sublandlord and Subtenant recognize and agree that the damage to performing all of Tenant’s other obligations hereunder, if Tenant retains Sublandlord resulting from any failure by Subtenant to timely surrender possession of the Premises upon the Expiration Date will be substantial, will exceed the amount of the monthly installments of Base Rent payable hereunder, and will be impossible to accurately measure. In the event that Subtenant shall not immediately surrender the Premises on the Expiration Date or any part thereof after the expiration earlier termination of the Term, such holding over Subtenant shall be on required to pay each month of such hold-over tenancy one hundred fifty percent (150%) the terms and conditions as set forth Rent 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 effect during the term last month of the Term of this Lease. In addition to any other rights and remedies Sublandlord may have hereunder or at law, during the first thirty (30) days of such holdover 150% Subtenant agrees that if possession of the Base Rent Premises is not surrendered to Sublandlord in the condition required herein on or before the Prime Lease Expiration Date, then Subtenant shall pay to Sublandlord for each month and for any portion of each month during which Subtenant holds over in the Adjustment Amount payable Premises after the Prime Lease Expiration Date Sublandlord’s holdover damages under the terms of this Prime 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 Prime 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 Subtenant agrees to indemnify and hold Landlord save Sublandlord harmless from and against any and all loss, cost cost, expense or damages (liability resulting from a third party claim arising from the failure of, or the delay by, Subtenant in so surrendering the Premises on or before the Expiration Date, including, without limitation reasonable attorneys’ fees) which limitation, any claims made by Landlord may suffer or any succeeding tenant founded on such failure. Nothing herein contained shall be deemed to permit Subtenant to retain possession of the Premises after the expiration or earlier termination date of the Term, and no acceptance by reason Sublandlord of any such holdover payments from Subtenant shall be deemed to be other than on account of the amount to be paid by Tenant for a period of longer than thirty (30) days. The Subtenant in accordance with the provisions of this ARTICLE 19 Paragraph 19, which provisions shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawsurvive the Expiration Date.

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 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 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 to performing all If Sub-Subtenant (directly or through any transferee or other successor- in-interest of Tenant’s other obligations hereunder, if Tenant retains Sub-Subtenant) remains in possession of the Premises all or any part thereof of the Sub-Sublease Premises after the expiration Sub-Sublease Expiration Date or earlier termination of the Termthis Sub-Sublease, such holding over over, in the absence of an express written agreement to the contrary, shall be on the terms basis of a tenancy at the sufferance of Sub-Sublandlord. In such event, Sub-Subtenant shall continue to comply with all of the terms, conditions and conditions covenants of this Sub-Sublease as set forth in this Lease, as far as applicablethough the Sub-Sublease Term had continued, except that Tenant such tenancy at sufferance shall pay, as a use be terminable by Sub-Sublandlord at any time and occupancy charge with respect toRent shall be paid for each month (or portion thereof) during which Sub-Subtenant holds over in the Sub-Sublease Premises after the expiration or earlier termination of this Sub-Sublease, 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 monthly Base Sub-Sublease Rent due under this Sub-Sublease, plus all other amounts that would otherwise have been payable as Additional Rent had the Sub-Sublease Term continued through the period of such holding over. If Sub-Subtenant fails to surrender the Sub-Sublease Premises on the Sub-Sublease Expiration Date or earlier termination of this Sub-Sublease, in addition to any other liabilities to Sub-Sublandlord accruing therefrom, Sub-Subtenant shall indemnify and hold Sub-Sublandlord harmless from all loss or liability resulting from such failure, including without limitation (xi) any claims of Master Landlord against Sub-Sublandlord for failure to surrender the Base Rent Sub-Sublease Premises at the time and in the Adjustment Amount payable manner required under the terms Master Lease or for violating any term of the Master Lease, (ii) any claims of Chinook against Sub-Sublandlord for failure to surrender the Sub-Sublease Premises at the time and in the manner required under the Perfect Day Sublease or for violating any term of the Perfect Day Sublease, and (iii) any claims made by any succeeding tenant or other third party based upon such failure. This indemnification obligation shall survive the 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 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) daysSub-Sublease. The provisions of this ARTICLE 19 shall Section 4.11 are in addition to and do not be deemed to limit or constitute a waiver of any other Sub-Sublandlord’s rights or remedies of Landlord provided herein or at lawSub-Subtenant’s obligations under this Sub-Sublease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession of the Premises or any part thereof after This Lease shall terminate without further notice upon the expiration of the Term, such and any holding over by Tenant after the expiration shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not constitute a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term renewal or extension of this Lease, during or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove its property or to place the Premises in the condition required pursuant to Section 15.3 (or for Landlord to do so if Tenant fails to do so) shall be deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and an Event of Default under this Lease; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days following delivery of written notice of termination by either Landlord or Tenant to the other. In either of such holdover 150% events, possession shall be subject to all of the Base Rent and the Adjustment Amount payable under the terms of this Lease Lease, except that the monthly Basic Rent shall be two hundred percent (200%) of the greater of (a) the Basic Rent for and with respect to the last full calendar month immediately prior preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord's right to recover the full amount due for any holdover by Tenant, unless otherwise agreed in writing by Landlord. If Tenant fails to surrender the Premises upon the expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect despite demand to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over do so by Tenant in the Premises. In additionLandlord, Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against all loss or liability, including without limitation, any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer claims made by reason of any succeeding tenant relating to such holdover by Tenant for a period of longer than thirty (30) daysfailure to surrender. The foregoing provisions of this ARTICLE 19 shall Section are in addition to and do not be deemed to limit affect Landlord's right of re-entry or constitute a waiver of any other rights or remedies of Landlord provided herein under this Lease or at law.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration 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 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 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 A. Tenant agrees to performing all surrender the Premises to Landlord on the Expiration Date (or sooner termination of the Lease Term pursuant to other applicable provisions hereof) in as good condition as they were at the commencement of Tenant’s 's occupancy, ordinary wear and tear, and damage by fire and windstorm excepted or other obligations hereundercasualty not caused by Tenant. B. In all events, if Tenant retains will promptly restore all damage caused in connection with any removal of Tenant's personal property and Tenant shall be responsible for all losses incurred for physical damage caused by the Tenant in removing its personal property. C. If Tenant shall be 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 tenancy under the terms of this Lease for and with respect shall become one from month 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 continuesmonth, 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 terminable by either party 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 ' prior notice, and shall be subject to all of the terms and conditions of this ARTICLE 19 Lease as though the Term had been extended from month to month, except that (i) the Base Rent payable hereunder for each month during said holdover period shall not be deemed equal to limit one hundred and 50 per cent (150%) of the monthly installment of Base Rent payable during the last month of the Term and (ii) all Additional Rent payable hereunder for Operating Expenses shall be prorated for each month during such holdover period. D. During a holdover, no offer of surrender of the Premises, by delivery to Landlord or constitute a waiver its agent of any other rights keys to the Premises or remedies otherwise, will be binding on Landlord unless accepted by Landlord, in writing, specifying the effective surrender of the Premises. A, the expiration or termination of the Lease Term, Tenant shall deliver to Landlord provided herein or at lawall keys to the Premises and make known to Landlord the location and combinations of all locks, safes and similar items.

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

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if (a) If Tenant retains possession of any portion of the Premises or any part thereof after the expiration or the earlier termination of this Lease, then, unless City expressly agrees to the Holdover in writing, Tenant will be a tenant at sufferance and Tenant will pay City pay Base Rent equal to one hundred fifty percent (150%) of the Termlatest Base Rent payable by Tenant before the expiration or termination of the Lease, such holding over shall [together with one hundred fifty percent (150%) of the Percentage Rent shown in the Basic Lease Information, and ]together with an amount estimated by City for the Additional Charges, and will otherwise be on the terms and conditions as set forth specified in this Lease, as Lease so far as applicableapplicable (except for those pertaining to the Term and any Extension Options). Any failure by Tenant to surrender, except that Tenant shall paydiscontinue using, as a use and occupancy charge with respect toor, in addition if required by City, any failure to all other charges remove any property or equipment following written demand by City, will constitute Tenant’s holding over without City’s consent for which Tenant would be liable hereunder if it were occupying during the term purposes of this LeaseSection. Tenant acknowledges that the foregoing provisions do not serve as permission for the Tenant to hold over or serve to extend the Term. Any Holdover without City’s consent will constitute a default by Tenant and entitle City to exercise any or all of its remedies, during notwithstanding that City may elect to accept one or more payments of Rent, and whether or not the first thirty (30) days of such amounts are at the holdover 150% rate specified above or the rate in effect at the end 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 Term. (b) Any holding over after the expiration of the Term with City’s express written consent will be construed to automatically extend the Term on a month-to-month basis at a Base Rent equal to one hundred fifty percent (150%) of the latest Base Rent payable by Tenant before the expiration, [together with one hundred fifty percent (150%) of the Percentage Rent shown in the Basic Lease Information, and after such initial thirty ] together with an amount estimated by City for the monthly Additional Charges, and will otherwise be on the terms and conditions specified in this Lease so far as applicable (30except for those pertaining to the Term and any Extension Options). (c) day period for each calendar month Tenant’s obligations under this Section will 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 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 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 (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 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 If Tenant, or any assignee or subtenant of Tenant’s other obligations hereunder, if Tenant retains holds over possession of the Premises or any part thereof after beyond the expiration or earlier termination of the Termthis Lease, such holding over shall will not be on deemed to extend the terms Term or renew this Lease but such holding over will continue upon the terms, covenants and conditions as set forth in of this Lease, as far as applicable, Lease except that Tenant shall pay, as a the charge for use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period Premises for each calendar month or portion thereof during which that Tenant or such holdover continues, as assignee or subtenant holds over will be 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 liquidated sum equal to 150% of one and one-half (11/2) times the higher of (x) the Base Basic Rent and Additional Rent payable for the Adjustment Amount payable under month immediately preceding the terms expiration or earlier termination of this Lease for the first six (6) months of such holding over, and with respect to thereafter, two (2) times the last full calendar Basic Rent and Additional Rent payable for the month immediately prior to preceding the expiration or earlier termination of this Lease. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant or any assignee or subtenant of Tenant to timely surrender possession of the Term or (y) one twelfth Premises will exceed the amount of the annual fair market rent for monthly Basic Rent and Additional Rent and will be impossible to accurately measure. If the Premises under a one (1) year lease commencing on are not surrendered upon the day immediately succeeding the last day expiration or earlier 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 additionthis Lease, Tenant shall indemnify, defend and hold harmless Landlord harmless from and against any lossand all losses and liabilities resulting therefrom, cost or damages (including, without limitation reasonable attorneys’ fees) which limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in this Lease will be construed as a consent by Landlord may suffer by reason to the occupancy or possession of the Premises beyond the expiration or earlier termination of this Lease. Tenant shall, at its sole cost and expense, take all actions required to remove any such holdover by assignee or subtenant of Tenant, or other party claiming rights to the Premises under or through Tenant for a period upon the expiration or earlier termination of longer than thirty (30) daysthe Term. The provisions of this ARTICLE 19 shall not be deemed to limit Article 24 will survive the expiration or constitute a waiver earlier termination of any other rights or remedies of Landlord provided herein or at lawthis Lease.

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

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

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

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

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

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

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

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

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

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

Holding Over. In addition to performing all Should Tenant, without Landlord’s written consent, hold over after termination of Tenant’s other obligations hereunderthis Lease, if Tenant retains shall become a tenant at sufferance and any such holding over shall not constitute an extension of this Lease. Tenant shall pay Landlord, monthly and in advance, 150% of the annual Rent that was payable immediately preceding the hold-over period, prorated on a per diem basis, for each day Tenant 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 and all other payments required to be made by Tenant hereunder. 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 or to require Tenant immediately to surrender possession of the Premises as provided in this Lease upon the expiration or earlier termination of the Term. If Tenant fails to surrender the Premises upon the expiration or termination of this Lease, (a) Tenant shall pay to Landlord all actual damages incurred or suffered by Landlord as a result in an amount not to exceed twelve (12) months of Rent calculated at the rate in effect for the last month of the Term, and (b) Landlord will use commercially reasonable efforts to mitigate its damages resulting from Tenant’s failure to surrender in accordance with this Lease. No acceptance by Landlord of any holding over by 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. In additionPremises on a month-to-month basis with Landlord’s prior and express written approval, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord such month-to-month tenancy may suffer be cancelled by reason of any such holdover by Tenant for a period of longer than either party with thirty (30) days. The provisions of this ARTICLE 19 shall not ’ prior written notice or such lesser time period as may be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at permitted by law.

Holding Over. In addition to performing all 11.1. Provided Tenant notifies the Landlord in writing four (4) months in advance of Tenant’s other obligations hereunderthe Termination Date there will be a reasonable amount of time the Tenant will occupy the Premises past the Termination Date, if the Base Rent and Additional Rent in effect in the final year of the Lease shall be effective for the Holding Over period. If Tenant retains does not provide four (4) months notice, for hold over possession of the Premises beyond the Termination Date or any part thereof after the prior expiration of the Term, such holding over shall not be on deemed to extend the Term or renew this Lease but such holding over shall continue upon the terms covenants and conditions of this Lease as set forth in this Lease, as far as applicable, a tenant at will except that Tenant shall pay, as a agrees that the charge for use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period Premises for each calendar month or portion thereof that Tenant holds over (even if such part shall be one day) shall be a liquidated sum equal to one-twelfth (1/12th) of one times the Base Rent and Additional Rent in addition to (plus) the original base rent required to be paid by Tenant during which such holdover continuesthe calendar year preceding the Termination Date or earlier expiration of the Term. This means One and a Half the rental amount due as original Base Rent and Additional Rent. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to timely surrender possession of the Premises will be extremely substantial, as a will exceed the amount of the monthly Base Rent and Additional Rent payable hereunder and will be impossible to accurately measure. If the Premises are not surrendered upon the Termination Date or prior expiration of the Term, in addition to the use and occupancy charge with respect toset forth above, Tenant shall indemnify and hold harmless Landlord against any and all losses and liabilities resulting solely there from, including, without limitation, any claims made by any succeeding tenant founded upon such delay. Nothing contained in addition this Lease shall be construed as a consent by Landlord to all other charges for which the occupancy or possession by Tenant would be liable hereunder if it were occupying during the term of this Lease, an amount equal to 150% of the higher of (x) Premises beyond the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately Termination Date or prior to the expiration of the Term Term, and Landlord, upon said Termination Date or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day prior expiration of the Term. Amounts due as aforesaid , or at any time thereafter (and notwithstanding that Landlord may accept from Tenant one or more payments called for by this Section 11.1), shall be prorated for partial months on a per diem basis. Notwithstanding anything entitled to the contrary herein contained, Landlord shall have benefit of all legal remedies that now may be in force or may be hereafter enacted relating to the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in immediate repossession of the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 Article shall not be deemed to limit survive the Termination Date or constitute a waiver earlier expiration of any other rights or remedies of Landlord provided herein or at lawthe Term.

Holding Over. In addition to performing all the event that Tenant 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 hereof, such holding over shall be on after receipt of written notice from landlord, Tenant shall, by virtue of the terms and conditions as set forth provisions hereof, become a Tenant by the month at a monthly rent equal to the greater of (i) the then fair market rental value of the Demised Premises or (ii) one hundred fifty percent (150%) of the monthly rental 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 effect during the last month of the term of this Lease, during which said monthly tenancy shall commence with the first day next after the expiration of the terms of this Lease, provided, however, that Landlord shall not be entitled to increase the rent payable by Tenant pursuant to this paragraph until thirty (30) days of such holdover 150% after notice to Tenant that it intends to do so. The Tenant as a monthly tenant shall be subject to all of the Base Rent conditions and the Adjustment Amount payable under the terms covenants of this Lease for as though the same had originally been a monthly tenancy. Tenant shall give to Landlord at least thirty (30) days' written notice of any intention to quit the Demised Premises, and with respect Tenant shall be entitled to thirty (30) days' written notice to quit the last full calendar month immediately prior to Demised Premises, except in the event of nonpayment of rent in advance or of the breach of any other covenant by the Tenant. Notwithstanding the foregoing, in the event that Tenant shall hold over after the expiration of the Term term hereby created, 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 if Landlord shall desire to all other charges for which Tenant would be liable hereunder if it were occupying during regain possession of the Demised Premises promptly at the expiration of the term of this Lease, an amount equal then at any time prior to 150% Landlord's acceptance of rent from Tenant as a monthly tenant hereunder, Landlord at its option, may forthwith re-enter and take possession of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term Demised Premises without process, or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon by any holding over by Tenant legal process in force in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) jurisdiction in which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawthe Demised Premises are located.

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 to, in addition an amount equal 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 150200% of the Base Annual Fixed Rent and Additional Rent calculated (on a daily basis) at the Adjustment Amount rate payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to the expiration commencement of such holding over, or (y) the fair market rental value 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 toPremises, 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%. (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 Premises after the expiration or prior termination of 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 containedforegoing, however, Tenant shall not be liable for indirect or consequential damages incurred by Landlord shall have during the right to commence eviction proceedings against Tenant immediately upon first forty-five (45) days of any holding over by Tenant Tenant. (C) 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 and Tenant's vacation of the Premises shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other 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 (a) If Tenant retains possession shall not immediately surrender the entire Premises on the date of the Premises expiration or any part thereof after the expiration earlier termination of the Lease 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 by Tenant hereunder (which shall be payable with respect to the last full calendar month immediately prior to the expiration entire Premises regardless of the Term and after such initial thirty (30) day period for each calendar month or what portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition remains occupied by Tenant) shall be increased to all other charges for which Tenant would be liable hereunder if it were occupying during equal the term of this Lease, an amount equal to 150% of the higher of greater of: (xi) 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 Premises, or (ii) (1) year lease commencing during the first sixty (60) days following the expiration or termination of the Lease Term, one hundred fifty percent (150%) of the Base Rent payable hereunder during the month immediately preceding the expiration or termination date (determined without giving effect to any abatement thereof), and (2) for all periods after the first sixty (60) days following the expiration or termination of the Lease Term, two hundred percent (200%) of the Base Rent payable hereunder during the month immediately preceding the expiration or termination date (determined without giving effect to any abatement thereof) ("Holdover Rent"). In addition to such Holdover Rent, Tenant shall also continue to pay to Landlord all additional rent in the amount that was payable hereunder during the month immediately preceding the expiration or termination date or as otherwise determined in accordance with the terms of this Lease. Such Holdover Rent shall be computed by Landlord on a monthly basis and shall be payable by Tenant 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 entire Premises shall have been vacated by Tenant and possession thereof returned to Landlord. Amounts due Landlord's acceptance of such Holdover Rent from Tenant shall not in any manner impair or adversely affect Landlord's other rights and remedies hereunder, including, but not limited to, (i) Landlord's right to evict Tenant from the Premises, and (ii) Landlord's right to recover damages pursuant to this Lease and such other damages as aforesaid are available to Landlord at law or in equity (which damages shall be prorated limited as provided below). (b) Except for partial months Tenant's obligation to pay the aforesaid Holdover Rent and the limitations on a per diem basis. Notwithstanding anything to such waiver set forth below in this Section 3.2, so long as Tenant does not holdover in the contrary herein containedPremises for more than sixty (60) days following the expiration or termination of the Lease Term, Landlord shall have the hereby waives its right to commence eviction proceedings against collect any damages from Tenant immediately based upon any holding over by Tenant in Tenant's failure to timely vacate the Premises. In additionThe foregoing waiver shall in no way affect Tenant's obligation to pay the aforesaid Holdover Rent with respect to such sixty (60) day period, nor shall such waiver in any way affect or impair Landlord's right to pursue and collect (and Tenant's obligation to pay): (1) any damages (other than consequential or punitive damages which Landlord hereby waives), costs, liabilities, costs and expenses suffered or incurred by Landlord as a result of Tenant's failure to timely vacate the Premises if Tenant shall fail within sixty (60) days following the expiration or termination of the Lease Term, to completely vacate the Premises and return possession thereof to Landlord in accordance with the terms of this Lease, or (2) any costs or expenses incurred by Landlord related directly to Tenant's failure, upon vacating the Premises to remove any alterations, improvements or other personal property from the same in accordance with the terms of this Lease. (c) Subject to Landlord's partial damage waiver set forth above, if Tenant fails to surrender the Premises on the expiration or earlier termination of this Lease with such removal and repair obligations completed, then, in addition to its other obligations under this Section 3.2 and Landlord's rights and remedies under this Section 3.2 and the other provisions of this Lease, Tenant shall indemnify, defend and hold Landlord harmless from and against any lossand all claims, cost or damages judgments, suits, causes of action, damages, losses, liabilities and expenses (including, without limitation including reasonable attorneys’ fees' fees and court costs) which Landlord may suffer resulting from such failure to timely surrender. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. (d) To the extent that the aforesaid monthly Holdover Rent paid by reason Tenant exceeds the greater of: (i) one hundred five percent (105%) of the monthly Base Rent payable hereunder during the last full calendar month immediately preceding the expiration or termination of the Term (without giving effect to any abatement thereof); or (ii) the monthly Fair Market Rent (as defined in Section 15.23) for the Premises, then any such holdover excess shall be credited by Landlord against any damages recoverable by Landlord from Tenant for as a period result 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 lawsuch holdover.

Holding Over. In addition to performing all the event that Tenant shall not immediately surrender the demised premises on the date of Tenant’s other obligations hereunder, if Tenant retains possession expiration of the Premises or term hereof, and Tenant shall hold over with the consent of Landlord, Tenant shall, by virtue of the provisions hereof, become a tenant by the month at 150% of the monthly rental in effect during the last month of the term of this Lease (including any part thereof increases in such monthly rental pursuant to the provisions hereof), which said monthly tenancy shall commence with the first day next after the expiration of the Termterm of this Lease. Tenant, such holding over as a monthly tenant, shall be on subject to all of the terms conditions and conditions as set forth in covenants of this Lease, as far as applicableincluding any additional rent provisions hereof, except and Tenant shall give to Landlord at least thirty (30) days' written notice of any intention to quit the demised premises, and Tenant shall be entitled to thirty (30) days' written notice to quit. Notwithstanding the foregoing provisions of this Section 31, in the event that Tenant shall payhold over after the expiration of the term hereby created, as a use and occupancy charge with respect to, in addition if Landlord shall desire to all other charges for which Tenant would be liable hereunder if it were occupying during regain possession of the demised premises promptly at the expiration of the term of this Lease, during the first thirty (30) days then at any time prior to Landlord's acceptance of such holdover 150% rent from Tenant as a monthly tenant hereunder, Landlord, at its option, may forthwith reenter and take possession of the Base Rent and demised premises without process, or by any legal process in force at such time in the Adjustment Amount payable under State of Maryland. Furthermore, in the terms event Tenant continues to occupy the demised premises after the date 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 LeaseLease or any extension period, Tenant hereby agrees to pay to Landlord, upon demand by Landlord, for each month or part of a month Tenant occupies the demised premises after the date of expiration of the term of this Lease or any extension period thereof, an amount determined by multiplying the amount equal to 150% the monthly rental in effect during the last month of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms term of this Lease for and with respect (including any increases in such monthly rental pursuant to the last full calendar month immediately prior to the expiration of the Term or provisions hereof) by one and one-half (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 law1 1/2).

Holding Over. In addition If Sublessee or any party claiming by, through or under Sublessee holds over in the Sublet Premises after expiration or termination of this Sublease, Sublessor may exercise any and all remedies available to performing all of Tenant’s other obligations hereunder, if Tenant retains it at law or in equity to recover possession of the Premises Sublet Premises, and to recover damages, including without limitation, all amounts payable by Sublessor to Landlord by reason of such holdover. For any month or partial month that Sublessee or any part thereof party claiming by, through or under Sublessee remains in the occupancy of the Sublet Premises after the expiration or termination of this Sublease, such occupancy shall at Sublessor’s option be construed as tenancy from month to month only at a monthly Rental equal to the greater of (a) one and one-half (1-1/2) times the Rent and Additional Rent payable for the month prior to expiration or termination of this Sublease; or (b) the Rent and Additional Rent and other amounts payable by Sublessor to Landlord by reason of such holding over. The foregoing shall not be construed as Sublessor’s permission for Sublessee to hold over and the acceptance by Sublessor of any lesser sum shall be construed as payment on account and not in satisfaction of damages for such holding over. Notwithstanding the foregoing terms of surrender, Sublessee is not prohibited by Sublessor from entering into a separate direct agreement with Prime Landlord for the extension of Sublessee’s occupancy in the Sublet Premises beyond the expiration or earlier termination of this Sublease, either as a direct lease or a month-to-month holdover agreement (a “Direct Occupancy Agreement”), and in the event that Sublessee and Landlord enter into a Direct Occupancy Agreement for the Sublet Premises, then provided that (y) a copy of the TermDirect Agreement is provided to Sublessor, such holding over shall be on and (z) Prime Landlord agrees in writing, for the terms express benefit of, and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use form and occupancy charge with respect substance reasonably acceptable to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during Sublessor, that (i) terminates 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 Prime Lease for and with respect to the last full calendar month immediately prior Sublet Premises as of the date of the expiration or earlier termination of this Sublease, and (ii) releases Sublessor from any and all liability and obligation under the Prime Lease (1) for the Sublessee’s failure to vacate the Sublet Premises, (2) for the condition of the Sublet Premises upon their surrender by Sublessee, and (3) from any and all claims relating to the Sublet Premises arising after the date of expiration of the Term and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term earlier termination of this LeaseSublease, an amount equal then Sublessor agrees to 150% of the higher of (x) the Base Rent and the Adjustment Amount payable waive any renewal or extension rights under the terms of this Prime Lease for and with respect to the last full calendar month immediately prior to the expiration Sublet Premises, and this Sublease shall be deemed terminated as of the Term or (y) one twelfth commencement of such Direct Occupancy Agreement notwithstanding Sublessee’s failure to surrender the annual fair market rent for the Sublet 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 otherwise required 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) daysthis Sublease. The provisions of this ARTICLE 19 Section 8 are intended to be binding on Sublessor and Sublessee (and their successors and assigns) only, and in consenting to this Sublease, Prime Landlord is not obligated in any way to provide Sublessee with a Direct Occupancy Agreement, and it shall not be deemed within Prime Landlord’s sole and absolute discretion to limit grant or constitute a waiver of reject any other rights or remedies of Landlord provided herein or at lawrequest by Sublessee for such an agreement.

Holding Over. In addition Lessor and Lessee recognize that the damage to performing all of Tenant’s other obligations hereunder, if Tenant retains Lessor resulting from any failure by Lessee to timely surrender possession of the Demised Premises will be substantial, will exceed the amount of the monthly installments of the Rent and Additional Rent payable hereunder, and will be impossible to measure accurately. Lessee therefore agrees that if possession of the Demised Premises is not surrendered to Lessor upon the expiration date or sooner termination of this Lease, in addition to any other rights or remedies Lessor may have hereunder or at law, Lessee shall pay to Lessor, as liquidated damages, for each month and for each portion of any month during which Lessee holds over in the Demised Premises after the expiration date or sooner termination of this Lease, a sum equal to one hundred and fifty (150%) percent of the aggregate of Base Rent and Additional Rent that was payable under this Lease during the last month of the Term of the Lease. Nothing herein contained shall be deemed to permit Lessee to retain possession of the Demised Premises after the expiration date or sooner termination of this Lease. The provisions of this Paragraph shall survive the expiration date or sooner termination of this Lease. Lessee's occupancy subsequent to the expiration date or sooner termination of this Lease, whether or not with the consent or acquiescence of Lessor, shall be deemed to be that of a tenancy-at will and in no event from month-to-month or year-to-year and it shall be subject to all terms, covenants and conditions of this Lease applicable thereto, including, without limitation, those set forth in this Paragraph. In the event the Lessee defaults or remains in possession of the Demised Premises or any part thereof after the expiration of the Term, such holding over tenancy-at-will created hereby then the Lessee's occupancy shall be on the terms deemed a tenancy-at-sufferance and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as not 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 lawtenancy-at-will.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if the event Tenant retains possession of does not immediately surrender the Premises or any part thereof after on the date of 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 Lease or any extension period thereof or the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms early termination of this Lease for and with respect or upon the termination of Tenant's right to the last full calendar month immediately prior to the expiration possession of the Term Premises, Tenant shall, by virtue of this Section 15, become a Tenant by the month and after such initial thirty (30) day period for each calendar month or portion thereof during which such holdover continues, as hereby agrees to pay to Landlord a use and occupancy charge with respect toMonthly Rent, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseadvance, an amount equal to 150% of the higher sum of (xA) the Base Monthly Rent and in effect during the Adjustment Amount payable under last month of the terms term of this Lease for and as it may have been extended, plus (B) the Estimated Payment required to be made with respect Monthly Rent pursuant to Section 2.6 (the last full calendar "Holdover Rate"). The month-to-month immediately prior to tenancy shall commence with the first day after the expiration of the Term or (y) one twelfth term of this Lease. Tenant as a month-to-month Tenant shall continue to be subject to all of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day conditions and covenants of the Termthis Lease. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold give 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 at least thirty (30) daysdays written notice of any intention to quit the Premises. The provisions Tenant shall also be liable to Landlord for any expenses or damages (including consequential damages) reasonably incurred by Landlord and caused by Tenant's holdover (including space planning expenses, legal fees and commissions for a prospective new Tenant for the Premises). In the event Tenant holds after the expiration of the term of the Lease or extension period thereof, and Landlord desires to regain possession of the Premises promptly at the expiration of the term of this ARTICLE 19 shall not Lease or extension period hereof, then at any time prior to Landlord's acceptance of modified Monthly Rent from Tenant as a month-to-month Tenant hereunder, Landlord may declare Tenant to be deemed to limit or constitute a waiver tenant at sufferance and Landlord may forthwith re-enter and take possession of the Premises by any other rights or remedies of Landlord provided herein or at lawlegal process in force in the jurisdiction in which the Project is located.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term greater of this Lease, during the first thirty (30x) days of such holdover one hundred 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 first 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, days in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Leaseholds over, and 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, if such hold-over shall continue for thirty (30) days or more, Tenant shall indemnifysave Landlord, its agents and employees harmless and will exonerate, defend and hold Landlord harmless indemnify Landlord, its agents and employees from and against any loss, cost or and all damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason on account of any such holdover by Tenant for a period Tenant’s hold-over in the Premises after the expiration or prior termination of longer than thirty (30) days. The provisions the term of this ARTICLE 19 Lease. Nothing in the foregoing nor any other term or provision of this Lease shall not be deemed to limit permit Tenant to retain possession of the Premises or constitute a waiver hold over in the Premises after the expiration or earlier termination of the Lease Term. All property which remains in the Building or the Premises after the expiration or termination of this Lease shall be conclusively deemed to be abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit. If any part thereof shall be sold, then Landlord may receive the proceeds of such sale and apply the same, at its option against the expenses of the sale, the cost of moving and storage, any arrears of rent or other rights or remedies of charges payable hereunder by Tenant to Landlord provided herein or and any damages to which Landlord may be entitled under this Lease and at lawlaw and in equity.

Holding Over. In addition to performing all If, after expiration of Tenant’s other obligations hereunderthe Term, if Tenant retains shall remain in possession of the Premises and continue to pay Rent without a written agreement as to such possession, then Tenant shall be deemed a month-to-month Tenant and the Base Rent rate during such holdover tenancy shall be equivalent to one and one-half times the monthly Base Rent paid for the last month of tenancy under this Lease, plus payment of all additional Rent under this Lease. Such month-to-month tenancy may be terminated by Landlord at midnight on any day which is more than twenty-nine (29) days after date of delivery of Landlord’s written notice of termination to Tenant. No holding over by Tenant shall operate to renew or any part thereof extend this Lease without the written consent of Landlord. Notwithstanding the foregoing, Tenant shall have a right to remain in possession of the Premises and continue to pay Rent without a written agreement as to such possession on a month to month tenancy terminable by Tenant upon thirty (30) days prior written notice, for one period of up to six months after the expiration of the Term, such holding over Term hereof so long as Tenant notifies Landlord in writing of its intent to do so not less than six months prior to the Expiration Date of the Term (the “Permitted Holdover”). Tenant’s occupancy for the initial three months of the Permitted Holdover 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 the prior year, including payment of all Additional Rent, 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 next three months monthly Base Rent shall thereafter be liable hereunder if it were occupying during the term of this Lease, an amount equal to at 150% of the higher monthly Base Rent rate payable during the third (3rd) month of (x) the Permitted Holdover, plus all Additional Rent. After six months of Permitted Holdover tenancy, the Permitted Holdover shall be of no further force and effect, and Tenant shall thereafter be deemed a month-to-month Tenant and the Base Rent rate during such holdover tenancy shall be equivalent to one and one-half times the Adjustment Amount payable under the terms of this Lease monthly Base Rent paid for and with respect to the last full calendar month immediately prior to the expiration of the Term or (y) one twelfth Permitted Holdover, plus payment of the annual fair market rent for the Premises all additional Rent under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid shall be prorated for partial months on a per diem basis. Notwithstanding anything to the contrary herein contained, Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawLease.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if If Tenant retains shall remain in possession of the Premises or any part thereof after the expiration of the TermTerm without Landlord’s consent (a “Holdover”), such holding over Tenant shall be on deemed to be occupying the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, Premises as a use Tenant at sufferance, which tenancy may be terminated as provided by Applicable Law. Tenant agrees that a Holdover shall cause irreparable damage to Landlord and occupancy charge with respect tothat it will be impossible to estimate or determine the damage that will be suffered by Landlord in such an event. Therefore during such tenancy, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during For the first thirty (30) days of such holdover 150% any Holdover, Tenant agrees to pay to Landlord one hundred twenty-five percent (125%) of the Base Rent which was payable in the month immediately preceding the month in which the expiration or termination occurs, on monthly basis without reduction for any partial month occupied, and thereafter one hundred fifty percent (150%) of the Adjustment Amount Base Rent which was payable under in the terms month immediately preceding the month in which the expiration or termination occurs, on a per diem basis for the actual number of days of Holdover, and shall otherwise be bound by all of the terms, covenants and conditions contained in this Lease. If Tenant fails to surrender the Premises upon the 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 or portion thereof during which such holdover continues, as a use and occupancy charge with respect toLease, 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 addition, arising therefrom Tenant shall indemnify, defend indemnify and hold Landlord harmless from and against any lossloss or liability resulting from such failure from whatever source; provided, cost however, that in no event shall Tenant be liable for any consequential or incidental damages incurred by Landlord or any third party resulting from a Holdover not in excess of ninety (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 (3090) 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 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 paybe equal to one hundred twenty-five percent (125%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover during the first ninety (90) days of holdover and one hundred fifty percent (150%) of the Monthly Base Rent in effect under this Lease immediately prior to such holdover commencing as of the ninety first (91st) day of holdover and continuing for the duration of the holdover period, as prorated on a use and occupancy charge with respect to, daily basis. Acceptance by Landlord of rent after such expiration or earlier termination will not result in a renewal of this Lease. The foregoing provisions of this Section 10 are in addition to all other charges for which and do not affect Landlord’s right of re-entry or any rights of Landlord under this Lease or as otherwise provided by law. Tenant would shall not be liable hereunder if it were occupying during the term of this Leasefor any consequential, during punitive or other damages caused by the first thirty ninety (3090) days of such holdover 150% any holdover, but if Tenant fails to surrender the Premises within ninety (90) days after the expiration of the Base Rent and the Adjustment Amount payable under this Lease in accordance with the terms of this Lease for and with respect Section 10 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 to performing all of Tenant’s other obligations hereunder, if Any holding over by Tenant retains possession of the Premises or any part thereof after the expiration of the Term, such holding over Term of this Lease shall be treated as a tenancy at sufferance and shall be on the terms and conditions as set forth in this Lease, as far as applicable, applicable except that Tenant shall pay, pay as a use and occupancy charge with respect to, in addition an amount equal to all other charges for which Tenant would be liable hereunder if it were occupying during the term of this Lease, during the first thirty (30A) days of such holdover 150120% of the Base Annual Fixed Rent and Additional Rent (calculated on a daily basis) for the Adjustment Amount payable under the terms of this Lease for and with respect to the last full calendar month immediately prior to first sixty (60) days Tenant holds over after the expiration of the Term and after such initial thereafter, (B) 150% of the Annual Fixed Rent and Additional Rent (calculated on a daily basis), in each case for the period measured from the day on which Tenant's hold-over commences and terminating on the day on which Tenant vacates the Premises. Inaddition, if Tenant holds over in the Premises for a period exceeding 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 days 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 additionLease, 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 damages (including, without limitation reasonable attorneys’ fees) direct daniages 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 that in no event shall not Tenant be liable for any consequential or punitive damages. 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. Ifany 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 sate, 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 not sooner terminated as herein provided, this Lease shall terminate at the end of the Term without the necessity of notice from either Landlord or Tenant to performing all of Tenant’s other obligations hereunder, if terminate the same. If Tenant retains or any party claiming under Tenant remains in possession of the Premises Demised Premises, or any part thereof thereof, after the expiration or earlier termination of this Lease, no tenancy or interest in the TermDemised Premises shall result therefrom, but such holding over shall be on the terms a tenancy at sufferance and conditions as set forth all such parties shall be subject to immediate eviction and removal and Tenant shall upon demand pay to Landlord a per diem sum equal to all Additional Rent provided for in this LeaseLease during any period which Tenant shall hold over the Demised Premises, plus a per diem amount computed at the rate of one hundred fifty percent (150%) of the Base Rent for the last month of the Term, plus all direct damages incurred by Landlord as far a result of such holdover. Landlord expressly waives any consequential damages incurred by Landlord as applicablea result of such holdover. The acceptance of any such amounts by Landlord shall not estop Landlord from pursuing or constitute a waiver by Landlord of its rights against Tenant as a tenant at sufferance. Notwithstanding the foregoing, except in the event that Tenant shall paygive Landlord at least ninety (90) days prior written notice of its intent to hold over, as a use and occupancy charge with respect to, in addition to all other charges then 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 such holdover 150% holdover, Tenant shall have no liability to Landlord for damages incurred by Landlord because 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 continuesholdover, 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 occupy 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 Demised Premises during such holdover by Tenant for a period of longer than thirty (30) days. The provisions holdover upon all of the terms and conditions of this ARTICLE 19 Lease, and the Base Rent during such 90-day period shall not be deemed to limit or constitute a waiver one hundred twenty-five percent (125%) of any other rights or remedies the Base Rent for the last month of Landlord provided herein or at lawthe Term.

Holding Over. In addition to performing all of Tenant’s other obligations hereunderExcept for any permitted occupancy by Tenant under Article VIII, if Tenant retains possession of fails to surrender the Premises or any part thereof after at the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term or earlier termination of this Lease, occupancy of the Premises after the termination or expiration shall be that of a tenant at sufferance. Tenant’s occupancy of the Premises during the holdover shall be subject to all the terms and provisions of this Lease; provided, however, (a) during the first thirty two (302) days months following the expiration or earlier termination of such holdover 150this Lease, Tenant shall pay an amount equal to 125 % of the Base Rent due for the period immediately preceding the holdover; and (b) during the Adjustment Amount payable under third (3rd) month after 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 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, shall pay an amount equal to 150% of the higher of (x) the Base Rent and due for the Adjustment Amount payable under period immediately preceding the terms holdover. In addition, for the first month following the 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 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 Lease, all Rents shall be prorated for partial months on a per diem basisbasis for any partial month of Tenant’s occupancy. Notwithstanding anything to the contrary herein containedThereafter, Landlord all Rents shall have the right to commence eviction proceedings against Tenant immediately upon any holding over be calculated on a monthly basis without reduction for partial months. No holdover by Tenant or payment by Tenant after the expiration or early termination of this Lease shall be construed to extend the Term or prevent Landlord from immediate recovery of possession of the Premises by summary proceedings or otherwise. Except for the payment of holdover rent as provided in this Article XXV, Tenant shall not be liable to Landlord for any damages of any kind or nature (including special or consequential damages) as a result of Tenant’s holdover in the Premises. In addition; provided, however, if (i) Landlord enters into a lease for the Premises with a bona fide third party; (ii) the terms of such lease requires Landlord to perform improvements to the Premises or that Landlord to deliver possession of the Premises to such third party (for the purpose of its occupancy or to perform improvements) during Tenant’s hold over period; (iii) Landlord provides Tenant with not less than fifteen (15) days prior written notice of the existence of the third party lease and the date that Landlord is contractually obligated to deliver exclusive physical possession of the Premises to the tenant or the date that Landlord must commence improvements in the Premises in order to timely deliver the Premises to the tenant; (iv) Tenant fails to surrender possession of the Premises to Landlord on or before the date specified in the Landlord’s notice; and (v) the third party tenant terminates its lease or Landlord incurs actual costs and expenses as a result of Tenant’s failure to timely vacate the Premises, then Tenant shall indemnifybe liable to Landlord for any costs, defend and hold Landlord harmless from and against any loss, cost or expenses and/or damages (including, without limitation reasonable attorneys’ feeslimitation, any penalty, reimbursement or other concession Landlord is required to give the third party as a result of Tenant’s failure to timely vacate) which is sustained by Landlord may suffer by reason resulting from the termination of any the third party lease or the delay in delivering possession of the Premises to 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 lawthird party tenant.

Holding Over. In addition The parties recognize and agree that the damage to performing all of Tenant’s other obligations hereunder, if Landlord resulting from any failure by Tenant retains to timely surrender possession of the Premises or any part thereof after Property upon the expiration or earlier termination of the Lease Term will be substantial, will exceed the amount of the monthly installments of the Base Rent then payable, and will be impossible to accurately measure. Accordingly, Tenant agrees that if possession of the Property is not surrendered to Landlord on or before the expiration or earlier termination of the Lease Term, with or without the express or implied consent of Landlord, such holding over tenancy shall be on a month-to-month tenancy only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Base Rent shall be payable at a monthly rate equal to one hundred fifty percent (150%) of the terms Base Rent applicable immediately before the expiration or earlier termination of the Lease Term. Such month-to-month tenancy shall be subject to every other term, covenant and conditions as set forth agreement contained herein, but Tenant shall have no right to notice of or to exercise any extension right, right of first refusal, right of first offer or other similar right. Nothing in this Lease, including this Section 2.04, shall be construed as far as applicable, except that consent by Landlord to 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% retaining 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 Property after the expiration or earlier termination of the Lease Term and no acceptance by Landlord of payments from Tenant after such initial thirty (30) day period for each calendar month 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 of this Lease, an amount equal to 150% earlier termination of the higher of (x) the Base Rent and the Adjustment Amount payable under the terms of this Lease for and with respect Term shall be deemed to the last full calendar month immediately prior to the expiration be other than on account 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 amount to 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 additionprovisions of this Section 2.04, Tenant which provisions shall indemnify, defend and hold Landlord harmless from and against any loss, cost survive the expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason earlier termination of any such holdover by Tenant for a period of longer than thirty (30) daysthe Lease Term. The provisions of this ARTICLE 19 Section 2.04 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 Property upon the expiration or earlier termination of the Lease Term, in addition to any other liabilities to Landlord accruing therefrom, Tenant shall protect, defend, indemnify and hold harmless Landlord (and Landlord’s members, managers, partners, and shareholders, as applicable, and the affiliates, employees, agents, and contractors of Landlord and its members, managers, partners, and shareholders, as applicable) from all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) pertaining to any third party claims 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, prior to Tenant’s holdover of the Property, may request from Landlord notice of the following: (1) whether Landlord has at such time entered into a new lease for the Property, and (2) whether Landlord anticipates incurring any damages as a result of Tenant’s holdover of the Property, specifying the amount of any such damages. Industrial Lease—Las Vegas, Nevada 0000 Xxxxxxx Xxxx Las Vegas, Nevada Switch, Ltd.

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 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 and fifty percent (150%) of the terms and conditions as set forth in 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 applicable term, as far as applicablecovenant and agreement contained herein. Notwithstanding the foregoing, except that Tenant shall payhave the one-time right, as a use and occupancy charge with respect to, in addition upon notice (the “Holdover Notice”) 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 Landlord not less than twelve (3012) 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 months prior to the expiration of the then Lease Term, to extend the Lease Term and after such initial thirty for a period of up to two (302) day period for each calendar month or portion thereof during which such holdover continues, as a use and occupancy charge with respect tomonths (the “Permitted Holdover Term”), in addition to all other charges for which case the Rent payable by Tenant would be liable hereunder if it were occupying during such Permitted Holdover Term shall equal one hundred twenty-five percent (125%) of the Rent applicable during the term of this Lease, an amount equal to 150% last rental period of the higher of (x) the Base Rent and the Adjustment Amount payable Lease Term under the terms of this Lease for the first (1st) month of such Permitted Holdover Term and with respect to the last full calendar month immediately prior to the expiration of the Term or one hundred fifty percent (y150%) one twelfth of the annual fair market rent for the Premises under a one second (12nd) year lease commencing on the day immediately succeeding the last day months of the such Permitted Holdover Term. 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 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 Landlord promptly notified Tenant in writing of any lease or signed letter of intent for all or any portion of the Premises.

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Tenant retains possession This Lease shall terminate without further notice at the expiration of the Lease Term. Any holding over by Tenant after Lease Termination shall not constitute a renewal or extension of the Lease Term, nor give Tenant any rights in or to the Premises or any part thereof except as expressly provided in this Lease. If Tenant holds over after the expiration of the TermLease Term hereof with the express written 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 Base Rent shall be payable at a monthly rate equal to two hundred percent (200%) of the terms and conditions greater of (i) the Base Rent applicable during the last rental period of the Lease Term under this Lease or (ii) the fair market rental rate for the Premises as set forth in this Lease, as far as applicableof the commencement of such holdover period, 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 hold over period, the Base Rent and the Adjustment Amount shall be payable under the terms of this Lease for and with respect at a monthly rate equal to the last full calendar month immediately prior to the expiration one hundred fifty percent (150%) 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 (xi) 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 (yii) one twelfth of the annual fair market rent rental rate for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the TermPremises. Amounts due as aforesaid Such month-to-month tenancy shall be prorated for partial months on a per diem basis. Notwithstanding anything subject to the contrary every other term, covenant and agreement contained herein contained, (except that Landlord shall have no obligation to construct or install any further improvements in the Premises or the Project or provide any tenant improvement allowance to Tenant). Landlord hereby expressly reserves the right to commence eviction proceedings against require Tenant immediately to surrender possession of the Premises to Landlord as provided in this Lease upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost expiration or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason other termination of any such holdover by Tenant for a period of longer than thirty (30) daysthis Lease. The provisions of this ARTICLE 19 Section 20 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at law. If Xxxxxx fails to surrender the Premises upon the termination or expiration of this Lease or if Tenant holds over after the expiration of the Lease Term hereof without the express written consent of Landlord, then, 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 holding over, including but not limited to, 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 Notwithstanding any provision of law or any judicial decisions to performing all the contrary, no notice shall be required from either party to terminate this Lease on the expiration date herein specified, and anything herein contained and implied to the contrary notwithstanding, a holding over by the Tenant, its successors or assigns, beyond the expiration of Tenant’s other obligations hereundersuch term, shall give rise to a tenancy from month to month only at a monthly rental rate equal to three times the monthly rental rate in effect on the expiration date. Tenant will not enter into any sublease for a period beyond the expiration of this Lease or, if this Lease be renewed, beyond any renewal period. If, nevertheless, any subtenant of Tenant retains or anyone holding by, through, or under Tenant should fail to surrender possession of the Premises Premises, or any part thereof after thereof, by 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 date 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 continuesany renewal date, 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 should 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 additionrenewed), Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost take appropriate action or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of proceedings to remove any such holdover by subtenant or person from said Premises and shall conduct such action or proceedings with reasonable diligence and continuity until the completion thereof. While such action or proceedings are pending Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed a holdover tenant but shall be deemed a month-to-month tenant at a monthly rent in the same amount as that provided for during the last month of the preceding term. If, within a reasonable time after expiration of the term or renewal term, as the case may be, Tenant shall have failed to limit remove any such subtenant or constitute a waiver of person, who shall be holding by, through or under Tenant, Tenant shall reimburse Landlord for the reasonable cost and expense, including attorneys' fees, which Landlord may incur if Landlord shall seek to remove any other rights such subtenant or remedies of Landlord provided herein or at lawperson.

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

Holding Over. In addition to performing all of Tenant’s other obligations hereunder, if Should Tenant retains possession of the Premises or any part thereof hold over after the expiration Expiration Date or earlier termination of the Termthis Lease, Tenant shall become a tenant from month-to- month only and any such holding over shall be on the terms and conditions not constitute an extension of this Lease. During such holding over, Xxxxxx's Minimum Rent 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 Section 3.1 of this Lease for and with respect to shall be two hundred percent (200%) of the last full calendar month Minimum Rent in effect immediately prior to such hold over period (the expiration “Holdover Rent”), plus all Additional Rent and plus the average monthly Percentage Rent (if the payment of Percentage Rent is required under this Lease) paid during the prior year, if applicable. When the Holdover Rent is determined, Landlord shall give Tenant written notice indicating the amount thereof, however, Xxxxxxxx’s failure to provide or timely provide such notice or Landlord’s acceptance thereafter 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, Minimum 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 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 effect immediately prior to such holdover shall not be deemed a waiver of Landlord’s right to collect any and all Holdover Rent owed it from and after the expiration commencement of such holdover. Should Tenant hold over for any portion of a month, Tenant shall be liable for Holdover Rent for the Term entire month. Notwithstanding the foregoing, nothing contained in this Article shall: (a) constitute Landlord’s consent, either express or implied, for Tenant to hold over following the Expiration Date; or (yb) one twelfth affect Landlord’s rights of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day re-entry or any other rights of the TermLandlord hereunder or as otherwise provided by law. 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, protect, defend (by counsel approved in writing by Xxxxxxxx and, as applicable, Xxxxxxxx's insurance carrier) and hold Landlord harmless from and against any lossand all claims, cost or damages judgments, suits, causes of action, damages, losses, liabilities and expenses (including reasonable attorneys' fees and court costs) resulting from such failure to surrender, including, without limitation reasonable attorneys’ fees) which Landlord may suffer limitation, any claim made by reason of any such holdover by Tenant for a period of longer than thirty (30) dayssucceeding tenant based thereon. The provisions foregoing indemnity 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 14.1 Tenant shall vacate the Demised Premises on the Expiration Date of Tenant’s the Lease term, or on any other obligations hereunder, if termination of this Lease. If Tenant retains holds possession of the Demised Premises after the Expiration Date or any part thereof after the expiration of the Term, such holding over shall be on the terms and conditions as set forth in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during the term termination of this Lease, during Landlord shall have the first option, exercisable in writing thirty (30) days after the date of termination as aforesaid, to treat Tenant as a Tenant at Sufferance, or as a tenant by the month. If Landlord fails to make such holdover 150% election, then the Tenant shall be deemed a tenant by the month, commencing with the first day after the termination of the Base Lease at DOUBLE the Basic Monthly Rent paid during the last month of the term, and upon all the Adjustment Amount payable under the other terms of this Lease for and with respect to Lease, including the last full calendar month immediately prior to the expiration provision of the Term and after such initial this paragraph. Said holdover term shall terminate upon thirty (30) day period for each calendar month or portion thereof during which such holdover continues, days notice from one party to the other. Nothing contained herein shall be construed within said thirty (30) days after the date of Lease termination as aforesaid as a use and consent by Landlord to the occupancy charge with respect to, in addition to all other charges for which or possession of the Demised Premises by Tenant would be liable hereunder if it were occupying during after the term termination of this the Lease, an amount equal and Landlord, upon said termination, if Landlord elects to 150% treat Tenant as a Tenant at Sufferance, shall be entitled to the benefit of all rights conferred upon Landlord by statute or a common law relating to the speedy recovery 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 possession 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 Demised Premises. In addition, Tenant shall indemnifybe liable to Landlord for all damages suffered by Landlord as a result of Tenant's failure to vacate the Demised Premises at the end of the Lease term, defend and hold Landlord harmless from and against any lossor at the end of the holdover term, 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 but not be deemed to limit or constitute a waiver of any other rights or remedies limited to, a. all economic losses of Landlord provided herein resulting from Landlord's inability to deliver possession of the premises to a new tenant, including damages resulting from the cancellation or at lawtermination by said new tenant of its lease with the Landlord; b. all economic losses of Landlord resulting from the Landlord's inability to deliver possession of the Demised Premises to a bona-fide purchaser of the Demised Premises pursuant to the terms of a contract of sale.

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

Holding Over. In addition 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 If a Tenant Party fails to performing all vacate the Premises after the Expiration Date or earlier termination of Tenantthis Lease, then a Tenant Party’s other obligations hereunder, if Tenant retains possession of the Premises shall constitute and be construed as a tenancy at will only, subject, however, to all of the terms, provisions, covenants and agreements on the part of Tenant under this Lease, and such Tenant Party shall be subject to immediate eviction and removal; Tenant or any part thereof such Tenant Party covenants and agrees to pay Landlord, in addition to the other Rent due hereunder, if any, as Rent for the period of such holdover a prorated daily Base Rent equal to the sum of one hundred fifty percent (150%) of the daily Base Rent plus one hundred percent (100%) of the Additional Rent, both payable during the last month of the Term. Tenant’s possession of the Premises after the expiration Expiration Date or earlier termination of this Lease shall immediately constitute an Event of Default under Section 19.5 herein. The Rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of this Section 17. 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 a Tenant Party (whether with or without the consent of Landlord), and no payments of money by Tenant to Landlord after the end of the Term, such holding over shall operate to reinstate, continue or extend the Term, and no extension of this Term shall be on valid unless evidenced by a writing signed by both Landlord and Tenant. No payments of money by Tenant (other than the terms and conditions as set forth holdover rent accruing during such holdover period paid in this Lease, as far as applicable, except that Tenant shall pay, as a use and occupancy charge accordance 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 Section 17) to Landlord after the first thirty (30) days Expiration Date or earlier termination of such holdover 150% this Lease shall constitute full payment 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 Lease. 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 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 all damages resulting from 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 Party’s unauthorized 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 lawover.

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 and (with a full month of holdover rent to be payable with respect to the last full each calendar month, or portion thereof, of any holdover period, without proration for any partial month). Such month-to-month immediately prior tenancy shall be subject 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 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 rate equal to 150% of the higher greater of (xi) one hundred fifty percent (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 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) or (ii) the fair market rental rate for the Premises as of the commencement of such holdover period with a full month of holdover rent to be payable with respect to each calendar month, or portion thereof, of any hold over period, without proration for any partial month). 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 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 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 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 expiration shall be that of a tenancy at sufferance and in no event for month-to-month or year-to-year, but Tenant shall, throughout the entire holdover period, pay rent (on a per month basis without reduction for any part thereof partial months during any such holdover) equal to 150% the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, provided if the holding over continues for more than sixty (60) days, effective as of the sixty-first day, holdover rent shall increase to 200% of the sum of the Base Rental and Additional Base Rental due for the period immediately preceding such holding over, and further, provided that in no event shall Base Rental and Additional Base Rental during the holdover period be less than the fair market rental for the Premises. No holding over by Tenant or payments of money by Tenant to Landlord 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 Lease shall be construed to extend the first thirty (30) days Lease Term or prevent Landlord from recovery of such holdover 150% immediate 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 Premises by summary proceedings 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 otherwise. Tenant would shall be liable hereunder if it were occupying during the term of this Leaseto Landlord for all damage, 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 containedincluding any consequential damage, 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 holding over by Tenant, and 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 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 of 21.1 If Tenant (or anyone claiming through Tenant’s other obligations hereunder, if Tenant retains possession of ) does not immediately surrender the Premises or any part portion thereof after upon the expiration or earlier termination of the Lease Term, then, unless otherwise agreed to by the parties hereto in writing, for the first six months of such holding over holdover period, the rent payable by Tenant hereunder shall be increased to equal one hundred fifty percent (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 during such holdover period. If such holdover period is longer than six (6) months, commencing on the terms first day of the seventh month of the holdover period and conditions as set forth in this Leasefor each month of the holdover period thereafter, as far as applicable, except that the rent payable by Tenant shall paybe increased to one hundred seventy-five percent (175%) of the Base Rent, as plus 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 use monthly basis and occupancy charge with respect to, in addition to all 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 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. 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 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 the greater of (a) the then current market rate, or (b) the following percentages of the Base Rent, Additional Rent and other sums which would have been payable pursuant to the provisions of this Lease if the Lease Term had continued during such holdover period: one hundred fifty percent (150%) for the first (1st) three (3) months of such holdover; and two hundred percent (200%) for each month thereafter. 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 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 to performing all of Tenant’s other obligations hereunder, if Tenant retains acknowledges that possession of the Premises Land and Improvements must be surrendered to Landlord at the expiration or sooner termination of the Term. Tenant agrees to indemnify Landlord against and save Landlord harmless from all costs, claims, loss or liability resulting from the failure or delay by Tenant in so surrendering the Land and Improvements, including, without limitation, any part thereof claims made by any succeeding tenant founded on such failure or delay. The parties recognize and agree that the damage to Landlord resulting from any failure by Tenant to surrender possession of the Land and Improvements as required by Section 20.01 above timely as aforesaid may exceed the amount of any Rent theretofore payable hereunder, and will be impossible to measure accurately. Unless Landlord and Tenant agree otherwise in writing, if possession of the Land and/or Improvements is not surrendered to Landlord upon the expiration or sooner termination of the Term, then Tenant shall pay to Landlord, as liquidated damages for each month and for each portion of any month during which Tenant holds over in the Land and/or Improvements after the expiration or sooner termination of the Term, in addition to any sums payable pursuant to the foregoing indemnity, a sum equal to 1.5 times the Prevailing Rent, as pro-rated for the period of the hold over, as reasonably determined by Landlord. Nothing herein contained shall be deemed to permit Tenant to retain possession of the Land and/or Improvements after the expiration or sooner termination of the Term. If Tenant holds over in possession after the expiration or termination of the Term, such holding over shall not be on deemed to extend the Term or renew this Lease, but the tenancy shall be from month to month upon the terms and conditions of this Lease at the Prevailing Rent as set forth in this Lease, as far as applicable, except that Tenant reasonably determined by Landlord. This provision 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 survive the term expiration or earlier termination 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 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 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 (i) one and one-half (1 1/2) times the Basic Annual Rent plus (ii) Additional Rent (as hereinafter defined) in effect immediately preceding expiration or termination, as applicable, except prorated on a daily basis. Landlord and Tenant agree that they have included the foregoing provision for liquidated damages because the actual damages to be incurred by Landlord can reasonably be expected to approximate the amount of liquidated damages called for herein and because the actual amount of such damages would be difficult if not impossible to measure accurately. Tenant shall pay, also pay and agrees to indemnify and hold Landlord harmless from any and all damages sustained by Landlord as a use result of such holdover. The rent during such holdover period shall be payable to Landlord from time to time on demand; provided, however, if no demand is made during a particular month, holdover rent accruing during such month shall be paid in accordance with the provisions of Article 2. Tenant will vacate the Premises and occupancy charge deliver same to Landlord immediately upon Tenant’s receipt of notice from Landlord to so vacate. No holding over by Tenant, whether with respect toor without consent of Landlord, in addition shall operate to all other charges for which Tenant would be liable hereunder if it were occupying during extend the term of this Lease, during ; no payments of money by Tenant to Landlord after the first thirty (30) days of such holdover 150% of the Base Rent and the Adjustment Amount payable under the terms expiration or earlier termination of this Lease for and with respect to the last full calendar month immediately prior to the expiration of the Term and after such initial thirty (30) day period for each calendar month shall reinstate, continue or portion thereof during which such holdover continues, as a use and occupancy charge with respect to, in addition to all other charges for which Tenant would be liable hereunder if it were occupying during extend the term of this Lease, an amount equal to 150% of the higher of (x) the Base Rent ; and the Adjustment Amount payable under the terms no extension of this Lease for and with respect to the last full calendar month immediately prior to after the expiration of the Term or (y) one twelfth of the annual fair market rent for the Premises under a one (1) year lease commencing on the day immediately succeeding the last day of the Term. Amounts due as aforesaid earlier termination thereof shall be prorated for partial months on a per diem basis. Notwithstanding anything valid unless and until the same shall be reduced to the contrary herein contained, writing and signed by both Landlord shall have the right to commence eviction proceedings against Tenant immediately upon any holding over by Tenant in the Premises. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost or damages (including, without limitation reasonable attorneys’ fees) which Landlord may suffer by reason of any such holdover by Tenant for a period of longer than thirty (30) days. The provisions of this ARTICLE 19 shall not be deemed to limit or constitute a waiver of any other rights or remedies of Landlord provided herein or at lawTenant.